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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
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

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.