The concept of fair use seems to be straightforward. But in the application, finding the balance between the original creator’s rights and fair use by the subsequent user has proven to be difficult
2021 saw an unprecedented surge in ESG debt issuance, arguably underpinned by growing investor appetite for sustainable and green-linked investment options.
By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
The Reserve Bank of India (RBI) has amended the Credit Information Companies Regulations, 2006 on 10 November 2021, through the Credit Information Companies (Amendment) Regulations, 2021.
An interesting question has arisen under the Insolvency and Bankruptcy Code, 2016 (IBC) as to whether avoidance applications filed by a resolution professional to avoid vulnerable transactions can survive after the successful conclusion of the resolution process.
The central bank of the Philippines issued circular that sets out guidelines for the adoption of the open finance framework as a part of its digital payments transformation roadmap to promote financial inclusion
Lawmakers in the Philippines are pushing for the passage of a bill that seeks to modernise the country’s IP protection, called the “New Intellectual Property Act”
The Private Funds Act (2021 Revision) requires Cayman Islands-domiciled, closed-ended investment funds to register with the Cayman Islands Monetary Authority as a private fund
The Google AdWords program has invited the attention of trademark owners as the number of infringement cases rises with third-party trademarks were being used
By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
The rapid growth of the digital lending industry increased credit accessibility in India, but also brought concerns on unregulated entities, illegal digital lending applications and coercive recovery tactics
By Anoop Rawat and Ahkam Khan, Shardul Amarchand Mangaldas & Co
The Insolvency and Bankruptcy Code, 2016 incorporated the best practices across jurisdictions, and group insolvency was to be introduced in a phased manner
By Shardul Shroff and Shreya Prakash, Shardul Amarchand Mangaldas & Co
On 30 September 2021, the Insolvency and Bankruptcy Board of India (IBBI) issued amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2021
The Virtual Asset (Service Providers) Act, 2020 (VASP Act) as amended, provides a legislative framework for the conduct of virtual assets business in the Cayman Islands, and the registration and licensing of persons providing virtual asset services
Most gig workers are engaged as independent contractors and are not legally entitled to the mandatory statutory benefits to which employees are entitled. Instead, they are compensated based on the contract between the independent contractor and the principal or hiring party
By Madhu Rewari and Madhurima Gadre, Anand and Anand
In this digital age, where social media has become all the rage and sharing content on the internet has become possible with just a click of a button, businesses need to be more vigilant on the content available on social media platforms or intermediaries
By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
In accessing financial services or products, individuals are often required to share financial information stored with other entities. The lack of a centralised mechanism to access information makes the process time-consuming and often unreliable
Aside from arbitration or litigation, the only way for parties to attempt to resolve disputes is through constructive dialogue. Mediation involves the engagement of a qualified third party who may help parties bridge differences
By Fu Zhenkun and Gao Rongrong, Corner Stone & Partners
An interactive webcast includes live broadcasts of games, shows and pan-entertainment. Anchors often use unauthorised music works where they earn income by singing songs, flaunting talents and interacting with fans to get rewards, or by sharing advertising incomes
As patent practitioners in Asia, the author is often asked whether or not our patent protection system provides legal protection to computer-implemented inventions
In spite of the strong emphasis in IBC regarding time-bound implementation, there have been several challenges that have mired timely implementation of resolution plans
Last year saw an explosion of special purpose acquisition companies (SPACs) in the US, largely driven by favourable economic returns to SPAC IPO sponsors, liquidity, and pricing certainty offered by SPACs to target companies and investors
By Vaishali Mittal and Siddhant Chamola, Anand and Anand
Advocates of IP and economic growth have consistently propagated the cause of recognising AI inventions in law. However, this is different from the issue that debates granting legal recognition to AI as an independent entity
By Mary-Anne Chua, Bunnasomboon Chaiparinya and Poonyawee Jitjameekorn, JTJB
A refusal of vaccination without reasonable grounds could lead to an infection that endangers the business, but it is unlawful for employers to make vaccinations compulsory
Popular games like Axie Infinity and My Defi Pet have recently gained traction for their unique selling proposition that one can earn money as they play
By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
Blockchain, a form of digital ledger technology (DLT), is a linearly linked information-containing block secured by cryptography and shared between participants
The fourth amendment of the PRC Patent Law came into force on 1 June 2021. The amended law intensifies patent protection, promotes patent exploitation and employment, and improves the patent granting system
By Soummo Biswas and Shivani Sinha, Shardul Amarchand Mangaldas & Co
Guarantors, whether personal or corporate, have an intrinsic relationship with the corporate debtor in their capacities as directors, promoters, associates, subsidiaries or holding companies.
The recent decision in Kolin Electronics (KECI) v Kolin Philippines International (2021) came as a relief to erase the confusion by the court decision that allowed two unrelated companies to register one identical trademark for clearly related goods
There has been an ongoing debate on the yays and nays of the 2021 intermediary rules, primarily because India is set to begin enforcing a new set of rules that fundamentally changes the way the internet will be experienced in the country
For the eighth consecutive year, the Philippines remained off the Special 301 Report, an annual report published by the US Trade Representative on the state of IP rights protection and enforcement around the world
Value-added tax (VAT) is only imposed if the goods or services are “destined” for local consumption. There is no VAT when they are for consumption abroad
A patent protects the patentee’s technological advantages to obtain rewards, invest them in new R&D activities, and promote further developments. Since patents entail technological advantages, others often infringe patents, intentionally or unintentionally, in practice
The pandemic has had a significant impact on the global economy, and businesses hard hit by the uncertainty and disruptions have been pushed to consider becoming insolvent or bankrupt. This article explains the insolvency and bankruptcy laws
By Murali Pany, Bunnasomboon Chaiparinya and Iqbal Hadromi, JTJB
Countries around the world have implemented various relief measures to ease the impact of the covid-19 pandemic to their economies. This article provides a snapshot of the measures introduced in Singapore, Thailand and Indonesia
There exists an imminent need for all stakeholders to collaborate and come up with a domain name framework that ensures that private rights and public interests are secured
Online retail and other e-commerce services are now a mainstay of Philippine commerce. The exponential rise and consequent prevalence of online purchases are partly due to the covid-19 pandemic lockdowns that have constrained the consumer to stay at home
In reports recently published on its official website, the Intellectual Property Office of the Philippines (IPOPHL) revealed that filings in 2020 for all types of intellectual property (IP) were down from 2019, while reports and complaints of IP violations went up dramatically compared to previous years
It is well known that the China Trademark Office (CTMO) has refused to accept retail as a valid service in class 35 trademark applications over many years. In many other countries, however, retail service is acceptable for trademark registration in class 35
Offshore lawyers routinely issue legal opinions with respect to British Virgin Islands (BVI) and Cayman Islands companies in the context of corporate and finance transactions. In this context, there are certain relatively common issues that arise with respect to legal opinions
As a result of widespread concerns about liquidity and an uncertain macroeconomic outlook, it has become more important than ever for a lender to undertake proper due diligence on an investment fund prior to providing new financing
The Supreme Court’s Revised Rules of Procedure for Intellectual Property Rights Cases took effect on 16 November 2020, amending the rules that had been in place since 2011. The revised rules apply to all Regional Trial Courts designated by the Supreme Court as Special Commercial Courts, which have jurisdiction over intellectual property (IP) rights cases
Various laws still contain gaps and ambiguities, and reconciliation with the provisions of the Insolvency and Bankruptcy Code, 2016 becomes a challenging task. It is essential to create synergies among specific regulatory laws with the provisions and the process envisaged under the code
The honourable secretary of the Department of Labour and Employment has signed DO No. 215-20, which means that an employee may be placed on a floating status, or temporarily laid off, for the said period without losing his or her employment
The Patents (Amendment) Rules, 2020 have great significance as they provide huge relief to stakeholders, with many glitches being removed and creases ironed out, thereby easing the requirements to a great extent
Cross-border e-commerce has become a new point of economic growth yet the contradiction between the regionalism of trademarks and the globalism of cross-border e-commerce platforms pose a new problem for the development of global intellectual property rights
By Manish Biala and Ashutosh Upadhyaya, Anand and Anand
This article will be broaching the subject of “fair use” of registered trademarks by spare parts industries. There exists a huge spare parts market for automobile, home appliances, etc. where third parties, manufacture and sell spare parts
Some may think that only trademarks that are unused can be successfully cancelled, but in the author’s experience about 70% of non-use cancellations can succeed, including many trademarks that are in actual use
The National Intellectual Property Strategy aims to develop “an effective intellectual property system widely recognized and strategically utilized to benefit and uplift the lives of Filipinos”
In light of the implementation of various community quarantine measures brought by the covid-19 pandemic, many entrepreneurs incurred significant financial losses, forcing some business into closure
Patent filings in India have increased from 47,854 patent applications in 2017-18 to 50,667 in 2018-19. Considering India has become such an important jurisdiction, the cost of filing patent applications has become a concern
Taking decisive action now may be critical to the survival of enterprises. Hopefully, the continued existence of businesses will allow them to survive, thrive and take care of employees in the future
Depending on the technology of the invention sought for protection, it may take three to five years from filing or national-phase entry of the application to the patent being granted
If the facts of an infringement of copyright are as apparent as a fluttering “red flag”, the internet service provider (ISP) concerned cannot turn a blind eye
By Vaishali Mittal and Siddhant Chamola, Anand and Anand
The IP litigation landscape has changed dramatically in the past decade with businesses becoming more technology-driven and technology-dependent than ever before.
Over time, a trademark can achieve a level of public recognition and reputation that merits official acknowledgement. The key advantage of owning a famous mark is the expanded protection provided by article 6bis of the Paris Convention, which has been codified in sections 123(e) and (f) of the Intellectual Property Code of the Philippines
By Misha and Shreya Prakash, Shardul Amarchand Mangaldas & Co
It remains to be seen if a modified version of the insolvency resolution process under the IBC will suffice in these vastly changed macro-economic conditions, or if the government will need to offer a new model for insolvency resolution
By Tusha Malhotra and Pankhuri Malik, Anand and Anand
Millions are spent every year by companies on comparative advertising, and many times these advertisements are taken down due to claims of disparagement.
By Ramon Emil T Olea, Patent specialist, Federis & Associates
The Intellectual Property Office of the Philippines (IPOPHL) in October 2019 released its proposed amendments to the revised implementing rules and regulations (IRR) for patents, utility models and industrial designs
To keep abreast of changing times and make doing business in the Philippines easier, the Revised Corporation Code (RCC) has introduced the concept of a corporation with a single stockholder
By Misha and Vaijayant Paliwal, Shardul Amarchand Mangaldas & Co
The ongoing COVID-19 pandemic has dealt a crushing blow to the world economy, and has placed businesses in almost all jurisdictions under severe financial strain
The importance of SCI papers has also been reduced and SCI papers-related indicators have ceased to be a major factor in assessing researchers’ performance
