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Supreme Court’s Vidarbha ruling undermines India’s insolvency law

By Shardul Shroff and Misha, Shardul Amarchand Mangaldas & Co

Assessing inventiveness and ownership of AI-related inventions

By Shraddha Singh Chauhan, Anand and Anand

GIFT City showcases efforts to foster India’s fintech vision

By Anu Tiwari and Pallavi Rao, Cyril Amarchand Mangaldas

Developments in India’s credit card, BNPL regulation

By Anu Tiwari and Pallavi Rao, Cyril Amarchand Mangaldas

Philippines, US boost collaboration in IP enforcement

By Amanda Carlota, Federis & Associates

PCAs and policing authority of Philippine customs

By Rex Wilbert Rivera, ACCRALAW

Traversing IP regime in time of war and crisis

By Tusha Malhotra and Yamini Jaswal, Anand and Anand in New Delhi

Challenges resolving insolvencies of personal guarantors under IBC

By Saurav Panda and Ahkam Khan, Shardul Amarchand Mangaldas & Co

Impact of NCLAT judgment on development financial institutions

By Soummo Biswas and Shivani Sinha, Shardul Amarchand Mangaldas & Co.

End of the road for public utility vehicles in Philippines?

By Mervin Kenneth C Ignacio, ACCRALAW

Choosing between BVI and Cayman for going offshore

By Peter Vas, Loeb Smith Attorneys

Regional developments in CBDCs and implications for India

By Anu Tiwari and Arjun Goswami, Cyril Amarchand Mangaldas

First-to-file takes centre stage in Philippines

By Mila Federis, Federis & Associates

Russia-Ukraine crisis influences Indian pharma industry

By Sachin Malik, Anand and Anand

Fair winds for use of copyrighted material

By Shiela Marie Rabaya, ACCRALAW
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

Bright prospects for Philippines IP filings, enforcement

By Amanda Carlota, Federis & Associates

Advertisement of medical devices in India

By Ashutosh Upadhyaya, Anand and Anand

ESG in finance transactions: an offshore legal perspective

By Peter Vas, Loeb Smith Attorneys
2021 saw an unprecedented surge in ESG debt issuance, arguably underpinned by growing investor appetite for sustainable and green-linked investment options.

Specified users under CICRA herald changing nature of lending

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.

Avoidance applications in jeopardy?

By Misha, Shardul Amarchand Mangaldas & Co
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.

Case study for sandbox approach on open finance

By Monique B Ang, ACCRALAW 
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

Proposed provisional patent application in the Philippines

By Ramon Emil Olea, Federis & Associates

Continuing obligations of Cayman Islands private funds

By Elizabeth Kenny, Loeb Smith Attorneys
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

Is invisible use of TM in Google AdWords infringement?

By Madhu Rewari, Anand and Anand
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

Is India ready for a digital lending overhaul?

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

Issues and challenges of group insolvency in India

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

Common problems of trademark use in China

By Christy Chen, Corner Stone & Partners
Trademark registrants are obliged to keep their registered trademarks in use but this could be a challenge for a good number of trademarks

Tech challenges in Singapore, Thailand shipping sector

By Murali Pany and Warinbhorn Benjasak, JTJB
Although there is wide recognition that the adoption of tech will bring benefits, there are still significant issues that need to be addressed

What to expect from India’s amendments to CIRP regulations

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

Regulation of crypto exchanges and other crypto services in Cayman

By Santiago Carvajal, Loeb Smith Attorneys
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

Workers’ rights in the Philippine gig economy

By Martin Luigi Samson, ACCRALAW 
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

Role of intermediaries in protecting Indian IP

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

Will AAs revolutionise India’s financial services?

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

Settling disputes by mediation in Singapore and Thailand

By Naiyachon Tathong and John Sze, JTJB
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

Copyright infringement and legal liability in China webcasts

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

International recognition of Philippine IP strategies

By Ramon Emil Olea, Federis & Associates

Challenges in implementing resolution plans in India

By Saurav Panda, Shardul Amarchand Mangaldas & Co
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

Welcoming the wave of offshore SPACs in Asia

By Peter Vas, Loeb Smith Attorneys
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

AI’s right to legal identity in India

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

Mandating covid-19 vaccines in Singapore and Thailand

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

Philippines ponders NFTs in online gaming

By Juan Miguel Calimon Dela Cruz, ACCRALAW 
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

Blockchain technology in Indian financial services

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

Design protection in China’s amended Patent Law

By Liu Zongjie, Corner Stone & Partners
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

Liability of guarantors after landmark India verdict

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 yes, no, maybe of 2021 intermediary rules

By Safir Anand, Anand and Anand
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

International recognition of Philippine IP strategies

By Amanda Carlota, Federis & Associates

Tax reform for export-oriented enterprises in the Philippines

By Eric Recalde, ACCRALAW 
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

Regulatory regime for private funds in Cayman Islands

By Gary Smith, Loeb Smith Attorneys
The Private Funds Act, 2020, requires the registration of closed-ended funds with the Cayman Islands Monetary Authority (CIMA)

Challenges and future for India’s neo-banks

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
Digitisation and the growing use of mobile technology have led to a seismic shift in the banking and payments industry

Simple procedures for patent litigation in China

By John Xia, Corner Stone & Partners
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

Developments in bankruptcy and insolvency laws in Singapore and Malaysia

By Hariz Lee and Rahayu Abd Ghani, JTJB
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

Time to learn, unlearn and relearn NBFC resolutions

By Veena Sivaramakrishnan and Soummo Biswas, Shardul Amarchand Mangaldas & Co

RBI clears air around PA/PG guidelines

By Anu Tiwari and Rohan banerjee, Cyril Amarchand Mangaldas

Crypto regulation in Singapore and Thailand

By Kay yong, JTJB (Singapore); Bunnasomboon Chaiparinya and Yukgrit Kantamanee, JTJB International Lawyers (Thailand)

Employee’s right to receive or refuse vaccine

By Clarence Darrow C Valdecantos, ACCRALAW

India issues guidelines for digital media ads of influencers

By Pravin Anand and Ashutosh Upadhyaya, Anand and Anand

Financing a Cayman Islands merger take-private

By Peter Vas, Loeb Smith Attorneys

China’s new Patent Law introduces open licence scheme

By Qi Yongqiang, Corner Stone & Partners

Journey of payment regulations from nodals to licences

By Anu Tiwari and Rohan Banerjee, Cyril Amarchand Mangaldas

Unresolved riddle of the code and acknowledgement of debt

By Misha and Nikhil Mathur, Shardul Amarchand Mangaldas & Co

Pandemic relief measures in Singapore, Thailand and Indonesia

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

Where does liability lie in domain name infringement?

By Saif Khan and Shobhit Agrawal, Anand and Anand
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

Philippines’ proposed ITA shakes up online retail

By Michael Ryan Natividad, ACCRALAW
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

Philippines strikes back against counterfeits and piracy

By Amanda Carlota, Federis & Associates

Advice for international marks with retail services in China

By Nick Ji, Corner Stone & Partners
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 legal opinions on corporate and finance transactions

By Peter Vas, Loeb Smith Attorneys
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

Side-letter perspectives in Cayman subscription financing

By Peter Vas, Loeb Smith Attorneys
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

Philippines steps up rules of procedure for IP rights cases

By Amanda Carlota, Federis & Associates

IBC resolution within regulated sectors in the public interest

By Anoop Rawat, Shardul Amarchand Mangaldas & Co
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

Suspension of employment during the pandemic

By Laurie Christine P Quiambao, ACCRALAW
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

India eases working requirements of patents

By Vidisha Garg, Anand and Anand
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

Avoiding trademark infringement in cross-border e-commerce

By John Xia, Corner Stone & Partners
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

Analysis of ‘fair use’ of trademarks in spare parts market

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

Practical advice on filing non-use cancellations in China

By Nick Ji, Corner Stone & Partners
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

NIPS gives teeth to Philippine IP protection regime

By Amanda Carlota, Federis & Associates
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”

Financial rehabilitation as alternative mitigation against pandemic

By Zyra G Montefolca, ACCRALAW
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

Controlling costs: deletion versus amendment of claims

By Vidisha Garg, Anand and Anand
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

Managing employment contracts during covid-19

By Martin Luigi G Samson, ACCRALAW
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

Jumping the patent exam queue in the Philippines

By Ramon Emil T Olea, Federis & Associates
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

Applying red-flag rule to e-commerce platform

By Zhenkun Fu, Corner Stone & Partners
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

The necessity of India’s confidentiality clubs

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.

Fame hard to attain in the Philippines

By Amanda Carlota, Federis & Associates
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

Pandemics, police power and private contracts

By Samantha Beatrice P King, ACCRALAW
Under the Bayanihan Act, the president is empowered to order private establishments to direct their operations towards COVID-19 efforts.

Will India’s suspension of insolvency proceedings work?

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

Don’t wait – register your design patent in China now

By Maggie Yang, Corner Stone & Partners
Registering your design patent first is the best way to avoid your design patent from being hijacked

For better or worse: The legal limits of comparative ads

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.

Revised IRR for patents, utility models and designs

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

Converting to a one-person corporation

By Leia Clarissa Veronica R Veracruz, ACCRALAW
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

Impact of COVID-19 on bankruptcy code

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

Importance of filing patents for fundamental research

By Qi Yongqiang, Corner Stone & Partners
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

When the going gets tough, PEZA locators get going

By Karen Andrea D Torres, ACCRALAW

Gin and the jam over ‘genericness’

By Mila Federis, Federis & Associates

Ironing the wrinkles out of GI logos, taglines (Part 2)

By Gowri Tirumurti and Purvasha Mansharamani, Anand and Anand

The intellectual property game in the Sino-US trade war

By John Xia, Corner Stone & Partners

PMLA v IBC: The battle for primacy

By Misha and Siddhant Kant, Shardul Amarchand Mangaldas & Co

Essar Steel judgment – paving a way to resolution

By Misha, Shardul Amarchand Mangaldas & Co

Ironing the wrinkles out of GI logos, taglines

By Gowri Tirumurti and Purvasha Mansharamani, Anand and Anand

Preventing TM dilution into a generic name

By Brenda Zhao, Corner Stone & Partners

Considering a start-up business or IPO in Taiwan?

By Juno Huang, Maples Group

Ease of doing business in the Philippines

By Paula P Plaza, ACCRALAW

Proposed changes to Philippine design application filings

By Mila Federis, Federis & Associates

Studies highlight challenges in Philippine pharma market

By Amanda Carlota, Federis & Associates

Relative priority rule in Indian insolvency law

By Pratik Datta and Varun Marwah, Shardul Amarchand Mangaldas & Co

Shipping: an introduction to Marshall Islands flag

By Jonathan Silver, Maples Group

Potential for foreign TM protection in India

By Tusha Malhotra and Rashi Punia, Anand and Anand

Developments in PCC enforcement activities

By Korina Ana T Manibog, ACCRA Law Offices

Overcoming trademark refusal in China

By Nick Ji, Corner Stone & Partners

Philippines-China MoU on natural resource development

By Fritz Micah A Diumano, ACCRA Law Offices

Luxembourg RAIF a product of choice for Asian asset managers

By Johan Terblanche and Michelle Barry, Maples Group

Recreating the environment with the assistance of law

By Pravin Anand, Tusha Malhotra & Pankhuri Malik, Anand and Anand

IBC amendment moves towards recognizing APR

By Pratik Datta and Varun Marwah, Shardul Amarchand Mangaldas & Co

Looking back, moving forward: traditional knowledge & IP Code

By Mila Federis, Federis & Associates

Focus on fourth amendment of China’s Trademark Law

By Brenda Zhao, Corner Stone & Partners

The challenge of respecting traditional knowledge

By Editha Hechanova and Chrissie Ann Barredo, Hechanova & Co

‘Build, Build, Build’: Is it really sustainable?

By Kelvin Y Hung, ACCRA Law Offices

Growing menace of unlicensed and spurious drugs

By Tusha Malhotra and Rashi Punia, Anand and Anand

Decoding value maximization under the code’s mandate

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co

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