Web Analytics



Home Blog Page 31
Kennedys has bolstered its insurance practice with the addition of three partners and a team of 16 to enhance service offerings in Melbourne and across Australia. The firm welcomes partners Nicole Wearne, Mark Attard and Ganga Narayanan, alongside four special...
JunHe has assisted in establishing the third-phase of the China Integrated Circuit Industry Investment Fund, raising RMB344 billion (USD47.5 billion) in the country’s biggest such fund to date. The third phase of the “big fund” exceeds both its predecessors combined,...
Vivek Jha has joined Fox Mandal & Associates as a partner in the corporate practice at the firm’s Delhi office, while Dipti Das and VC Mathews have been promoted to partners. Das heads the dispute resolution practice in Mumbai and...
The Association of Corporate Counsel Singapore held a discussion titled “The Perfect Storm: Managing a Crisis in The Time of Data” on 30 May 2024 at the Mandala Club. The session, sponsored by FTI Consulting, allowed members to network...
Data security rules

Proposed data security rules target banking and insurance

By Guang Zhenming, Joint-Win Partners
On 22 March 2024, the National Financial Regulatory Administration released the Draft Measures for Data Security Management of Banking and Insurance Institutions. These measures, aligning with China’s Data Security Law, Cybersecurity Law and Personal Information Protection Law, set specific...
Obhan & Associates Your trade secret is safe with me

Your trade secret is safe with me

By Essenese Obhan, Sneha Gandhi, and Charul Yadav, Obhan & Associates
Trade secrets are perhaps the easiest to understand, and the most difficult to define and to protect. To reveal them in abuse proceedings is to risk their wider dissemination. The law surrounding them is unclear, with protections guaranteed through...
식물 품종에 대한 금지명령 구제

Void clause of plant varieties statute resurrected

By Manisha Singh and Neha Ruhela, LexOrbis
Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (act), has long been contentious in intellectual property law. Even before a plant variety has been registered, the section enables an applicant to seek injunctive relief...
Roll-up Vehicles in Indiavideo

Roll-up vehicles driving early-stage investments

By Swathi Girimaji and Sachit Ram, Bharucha & Partners
Roll-up vehicles (RUVs) have gained significant traction in India, with the potential to revolutionise seed funding. An RUV is a special-purpose vehicle that melds many individual and limited-scale institutional investors into a single entity on the startup’s capital table....
Creative AI: when new isn’t original

Creative AI: when new isn’t original

By Frank Liu, Shanghai Pacific Legal
Ever-evolving artificial intelligence (AI) tools are used by more and more people to improve efficiency in life and at work. As a result, the relevant IP issues have come into sharper focus. At present, AI-related intellectual property rights mainly involve...
Recognising and rewarding excellence in the legal profession. By Chandu Gopalkrishnan The buzz surrounding India continues to grow, with strong interest from overseas investors and accelerating economic expansion across consumption, manufacturing and technology. After consolidating in 2023, India saw a...
Making retention title claim

Making a claim using the retention of title clause

By Meng Ting, GoldenGate Lawyers
Retention of title clauses ensure sellers can retake goods if buyers default or go into bankruptcy. However, the clause doesn’t guarantee smooth enforcement; instead, effective litigation strategies are needed A retention of title clause (ROT) is a provision in a...
JunHe recruits litigation and arbitration specialist Zhao Zhen to its Beijing team to increase its competitiveness in dispute resolution. Zhao specialises in the field of litigation and arbitration, cross-border dispute resolution, as well as compliance and government regulations. He had represented...
Herbert Smith Freehills and Australia’s Gilbert + Tobin (G+T) have acted on Mitsubishi UFJ Trust and Banking (MUTB) acquiring Link Administration Holdings (Link Group), marking an enterprise value of AUD2.1 billion (USD1.39 billion). Herbert Smith Freehills advised Link Group on...
DLA Piper has deepened its finance practice bench in Tokyo with the addition of senior counsel Masahiro Wakabayashi, former general counsel and head of compliance of Japan’s Mitsubishi UFJ Morgan Stanley PB Securities. Wakabayashi focuses on finance and specialises in...
Mitigating legal issues and risks contracted operations

Mitigating legal issues and risks in contracted operations

By Huang Heng, ETR Law Firm
In light of recent amendments to the Company Law and judicial precedents, common and contentious legal issues are arising for companies in contracted operations. In this article, the author examines this unique business model and provides legal insights into mitigating...
China and Hong Kong's Mutual Recognition of Funds

New chapter for northbound Mutual Recognition of Funds

By Sue Sun and Elaine Wang, Llinks Law Offices
The Mutual Recognition of Funds between mainland China and Hong Kong (MRF) has been in operation for nearly nine years – since July 2015, in fact. This pioneering mechanism has witnessed deep integration of both capital markets, offering investors...
Impact of reverse CFIUS

Impact of reverse CFIUS on American limited partners

By Hu Yao, Han Kun Law Offices
US-connected venture capital investors in China are being caught in the net of developing new restrictions. As early as July 2023, a select committee of the US Congress sent letters to four venture capital funds requesting information on their investments...
Four dispute resolution specialists – senior partners Fang Fang and Sun Qiunan, as well as partners #Wang Qi# and Song Jinghao – have joined Tiantai Law Firm’s Beijing office. Sun, Wang and Song previously worked at Han Kun Law Offices,...
Simmons & Simmons has added I-MAB Biopharma chief legal officer Richard Li as a Hong Kong-based corporate and commercial partner, as well as head of healthcare and life sciences in greater China. The addition of Li, with more than 15...
Herbert Smith Freehills and Corrs Chambers Westgarth have advised on China gold miner Zhaojin Mining Industry’s takeover of West African peer Tietto Minerals. Zhaojin Capital (Hong Kong) Limited, a subsidiary of the Hong Kong-listed Zhaojin Mining Industry, made an AUD733...
Cyril Amarchand Mangaldas and AZB & Partners are acting for two branches of the Godrej family advising on a settlement arrangement in a realignment of the Godrej Group, one of India’s oldest and largest business houses. Cyril Amarchand Mangaldas is...
The International Trademark Association (INTA) has opposed the interpretation of the statutory definition of “article” under the Designs Act, 2000, as set forth in the order dated 18 August 2023, in the case of Hero MotoCorp Limited v M/S...
JunZeJun Law Offices has added five new partners to its Beijing, Fuzhou and Shenyang teams, and two of them are China Business Law Journal awardees. Zhang Mengchun and Du Yao have joined JunZeJun’s Beijing office. Liu Shanli has joined the...
FDI in Real Estate Development

Real estate safe as houses for FDI

By Rohit Jain and Diviay Chadha, Singhania & Co
Foreign Direct Investment (FDI) is a significant driver of economic growth and a substantial contributor towards the expenditure fuelling the nation’s developmental ambitions. The real estate industry is a cornerstone of the economy, is the second-largest source of employment...
Incorporation of Arbitration Clausevideo

Reference to arbitration must be specific

By Sudeshna Guha Roy and Alabh Lal, Bharucha & Partners
In the current commercial ecosystem, multiple stakeholders are often linked by a web of interdependent business contracts. In some cases, to save time, in a bid to shorten the contract and avoid the renegotiation of terms, parties may incorporate...
Aditya Vikram Bhat, a former senior partner at AZB & Partners, has decided to fly solo with his independent practice. Bhat’s career commenced with KG Raghavan and Arun Kumar who subsequently merged their practice with Dua Associates. They were later...
Shardul Amarchand Mangaldas & Co has advised Bajaj Auto on a strategic INR40 billion (USD481.5 million) buyback of up to 4 million shares. Executive chairman Shardul Shroff and partner Yogesh Chande led the Shardul Amarchand Mangaldas team, with the support...
Director primacy under the new Company Lawvideo

Preventing corporate governance risks under new Company Law

By Shen Youfu and Wang Lei, DOCVIT Law Firm
The new Company Law promotes the transformation of corporate governance from shareholder primacy to director primacy. This imposes governance responsibility on entrepreneurs such as directors, supervisors, officers (DSOs) and actual controllers of a company, increasing their risk of performing...
Kirkland & Ellis, Paul Hastings and Conyers are among the six firms advising on Super Hi International’s USD52.67 million IPO in the US. Super Hi International, which operates the Haidilao hot pot chain’s international restaurants, sold 2.7 million American depositary...
Compliance Assessment in Geoinformation Data Trading

Assessing compliance of trading in geoinfo data products

By Wei Jie and Han Xiangli, Blossom & Credit Law Firm
As an important production and strategic data resource, geoinformation empowers various industries. Focusing on the acquisition, processing, analysis and application of geoinfo data, the geoinformation industry encompasses surveying and mapping, geoinfo systems, remote sensing technology and location-based services. Surveying and...
Dispute over unused annual leave questions

Questions concerning dispute over unused annual leave

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
In the practice of labour and personnel management, disputes often arise over annual leave. This article discusses such disputes by referencing recent judicial decisions. Q: Does part-time employment qualify for statutory annual leave? A: Current laws and regulations do not specify...

Analysis of guaranteed redemption commitments in PE fund investments

By Yang Jiamei, Kangda Law Firm
In recent years, as products registered during the rapid development of China’s private equity fund markets have reached their exit periods, the inclusion of guaranteed redemption clauses such as capital preservation and guaranteed returns commitments in fund contracts has...
JSA has advised Hero Future Energies Global (HFE Global) and Hero Future Energies Private Limited (HFE India) in securing a INR36 billion (USD450 million) private equity investment from global firm KKR. Partners Manvinder Singh and Anant Mishra led the JSA...
Kapil Chaudhary brings more than 23 years of experience to his new role as executive vice president and general counsel, legal, at Info Edge, India’s premier online classifieds company. “As the general counsel (for Info Edge), my vision extends beyond...
Rohit Tiwari has joined Shardul Amarchand Mangaldas & Co as a partner in the capital markets practice and will be based in the Mumbai office. Tiwari brings more than a decade of experience in securities law, advising clients on public...
How is the retirement age of female employees determined? Should it be 50 years old or 55 years old? The following case of the Jiangsu High People’s Court is worth the attention of employers. Case overview From 1989 to 2002, Ms...
Pursuant to the Food Safety Law, the National Health Commission and the State Administration for Market Regulation jointly issued Announcement No. 1 of 2024, issuing 47 new national food safety standards and six amendment lists with the aim of...
Lexicon

Habeas corpus

THIS COLUMN HAS PREVIOUSLY noted the “right to due process”, which is a fundamental right and an essential check on arbitrary rule (see China Business Law Journal, volume 6, issue 5: Magna Carta). An important principle that forms part of...
Procedural justice holds significant value in arbitration and case managers, who provide procedural management services to parties, play a crucial role in ensuring that they experience both procedural and substantive justice. This is especially relevant because, even when substantive judgements...
Land requirements new energy investments Cyprus

Land requirements for new energy investments in Cyprus

By Wang Jihong and Xu Yibai, Zhong Lun Law Firm
As a key member of the Belt and Road Initiative, Cyprus has seen increasing co-operation with China, attracting a growing number of Chinese investors. As a Mediterranean island nation guarding the maritime routes between Europe, Africa and Asia, Cyprus...
Where an employee voluntarily resigns, but the company delays in initiating the departure handover procedures, such that three months elapse before termination of the employment relationship, does this constitute unlawful termination? One judicial case heard by a Beijing court...
The Association of Corporate Counsel Hong Kong (ACCHK) and Baker McKenzie’s BakerWomen Committee hosted a panel discussion on 23 May 2024 at Baker McKenzie’s Quarry Bay office. The event brought together industry leaders to analyse the representation of women...
video

Impact of the new Company Law on investment disputes

By Yao Yuexi and Zhao Tianyue, Hylands Law Firm
The 14th National People’s Congress Standing Committee passed a revised Company Law, which will come into effect on 1 July 2024. This revision summarises practical experience and theoretical achievements, strengthens the responsibilities of all parties, and effectively safeguards the...
Yang Jun, deputy director of the Territorial Spatial Planning Bureau of the Ministry of Natural Resources, stated during a media seminar on 24 December 2023 that according to the decision-making and deployment of the CPC Central Committee and the...
Asia Business Law Journal names the country’s top law firms. Brian Yap and Lim Miran report As one of the fastest-growing economies in Southeast Asia, Vietnam witnessed a 5.6% increase in gross domestic product in the first quarter of...
Veritas Legal has promoted long-term members of the firm, Sukhada Wagle and Areez Gazdar, to partnership. Wagle has more than 13 years of experience in civil, commercial and criminal litigation. She specialises in white-collar crime and provides pre-litigation strategy and...
The High Court of Kerala has conferred Singhania & Co’s partner BG Harindranath with the title of senior advocate. Harindranath was among 20 advocates granted the senior designation during a full meeting of the chief justice of the Kerala high...
Ankita Hariramani – a member of the financial services and technology, media, and telecommunications practice for eight years – has been promoted to equity partner at Spice Route Legal. Hariramani, who will be based in Bengaluru, has worked as senior...
Shardul Amarchand Mangaldas & Co has advised Apollo Hospitals Enterprise Limited (AHEL) and Apollo Healthco in a multi-phase transaction involving global private equity investor Advent International and pharmaceutical distributor Keimed. The transaction involves Advent International investing INR24.75 billion (USD297.33 million)...
Yan Jia, the former co-chair at Paul Hastings’ Beijing and Shanghai offices, has joined Pillsbury as co-leader of the China practice and brings a team of four lawyers. As a partner based in Pillsbury’s Shanghai office, Yan assumes responsibility for...
The ins and outs of ransomware attacks took centre stage at the Japan In-house Lawyers Association’s (JILA) two-part seminar on 17 April 2024 at the Iidabashi Grand Bloom in Tokyo. Hiroaki Yamaoka, a lawyer at Yakumo Law Office, opened the...
Former co-heads of the construction, infrastructure and projects team at MinterEllison’s Hong Kong office, Steven Yip and Malcolm Chin, have brought a team of five lawyers to join Holman Fenwick Willan (HFW). Yip and Chin are now partners at HFW,...
Latham & Watkins, Wachtell, Lipton, Rosen & Katz and Debevoise & Plimpton have landed key roles in Nippon Life Insurance’s USD3.8 billion acquisition of a 20% stake in US peer Corebridge Financial from American International Group (AIG). This marks the...
Nishimura & Asahi, Mori Hamada & Matsumoto and Nagashima Ohno & Tsunematsu, three of Japan’s largest law firms, and Kirkland & Ellis have advised on US private equity group Carlyle's Tokyo-listed KFC Holdings Japan take-private in a JPY130 billion...
Yulchon has doubled down on its intellectual property and technology practice with the hiring of senior foreign counsel Dave Koo, previously in the same role at Kim & Chang. Doil Son, head of Yulchon’s IP and technology practice, said: “The...
JSA has counselled Edelweiss Alternatives on its Rental Yield Plus Fund acquiring MMTP Projects from the MFAR group for INR15 billion (USD180 million). Joint managing partner Vivek K Chandy, partner Ajay G Prasad and senior associate Soham Roy led the...

Wolves at the gate

When activist shareholders come knocking, general counsel hold a unique position between their boards, regular investors, and the campaigners. They are the point person to everyone, writes Chandu Gopalakrishnan. Corporate lawyers across India were glued to a particular development in...
Online Game False Advertising

Legal risk analysis of false advertising of online games

By Jeff Yang, Wang Jing & GH Law Firm
The online gaming boom is partly fuelled by large-scale and intensive advertising. However, these fruitful gaming advertisement campaigns have also bred the problem of false advertising. In March 2020, the China Consumers Association required online game operators to operate...
Determining horizontal competition and defining relevant markets

Determining horizontal competition and defining relevant markets

By Huqi and Fu Hanbing, Grandway Law Offices
Determining horizontal competition is a key consideration for enterprises; relevant to issues ranging from IPO eligibility and qualification for refinancing or major asset restructuring to compliance of operations and whether directors, supervisors or senior managers violate the non-compete obligation. Market...
Luthra and Luthra Law Offices has assisted Sanyo Special Steel to secure approval from the Competition Commission of India to acquire a 15.43% shareholding in Sanyo Special Steel Manufacturing India (SSMI) from joint venture partner Mitsui & Co. Partner GR...
With the proposed US Federal Trade Commission (FTC) ban on non-compete clauses set to take effect on 4 September 2024, lawyers said China companies operating in America will need to ensure compliance. Employment agreements with non-compete clauses restrict employees from...
Foreign investment reforms Vietnam

Landmark Changes

Sweeping reforms are heralding a new era for foreign investment into Vietnam’s property sector, but much remains unexplained, writes Brian Yap Vietnam’s recent sweeping real estate sector reforms have prompted investors, particularly foreign enterprises, to express hope and concern –...
Indian firms, Boolean Legal and IndusLaw, advised on PopReach Corporation’s sale of its games portfolio including its subsidiary based in Bengaluru to UK entity Phoenix Games Holdings for USD9.8 million. Boolean and IndusLaw advised on Indian law aspects of the...
Lifang & Partners has hired Annie Xue, the former head of compliance practice at GEN Law Firm, as a senior partner in Beijing to beef up its antitrust and compliance practice. With more than 20 years of experience as an...

Under the microscope

A comparison of evolving legal frameworks that are helping to shape the massive life sciences industries in China and India CHINA INDIA Navigating China’s new protections for life science patents China’s 2021 Patent Law brought significant changes to life sciences patent protection, including...
Life sciences laws in China

Navigating China’s new protections for life science patents

By Gordon Gao and Sherry Yao, King & Wood Mallesons
Main post INDIA   China’s 2021 Patent Law brought significant changes to life sciences patent protection, including a patent linkage system akin to the US model, patent term extension (PTE) and patent term adjustment (PTA). Additionally, the law introduced a unique enforcement mechanism –...
Life sciences laws in India

Delicate balance of life sciences laws in India

By Manisha Singh and Pankaj Musyuni, LexOrbis
Main post CHINA   Life sciences laws in India govern medicines, medical devices, biotechnology and healthcare, safeguarding patients and consumers while ensuring product quality, efficacy and safety. These regulations govern marketing and advertising, intellectual property rights, price and payment, and clinical trial...
External Affairs Minister S Jaishankar and Mister of Railways, Communications, Electronics and IT Ashwini Vaishnaw inaugurated the Arbitration Bar of India (ABI) at a ceremony in Bharat Mandapam, New Delhi, on 11 May. Established to enhance the resolution of disputes...
Four firms are advising on the RMB12.5 billion (USD1.73 billion) sale of a stake in Shanghai RAAS between Spanish drugmaker Grifols and China home appliance giant Haier Group. Haier Group will acquire a 20% stake in the Chinese blood products...
Role Senior Legal Counsel, Litigation - 17128/VTA Location USA Job Description A global e-commerce company seeks a Senior Legal Counsel with proven dispute resolution experience to support their expanding global business. Based in the US, you will be responsible for handling litigation, arbitration, and...

Customs protection of IPRs and compliance guidance in cross-border e-commerce

By Jia Xiaoning and Ningjing, AllBright Law Offices
In recent years, intelligent property (IP) infringement cases in cross-border e-commerce have surged, prompting customs to become a crucial battleground for combating infringement and protecting IP rights. According to the General Administration of Customs (GAC), the number of batches and...
Legal visionaries share firm leadership secretsvideo

Leading the way

There is no substitute for great leadership. In tough market conditions it serves as a beacon, guiding law firms and their young talent through adversity. Winny Zhang reports How does one become a recognised leader in the legal profession? This...
Anli Partners has hired Chen Luming as a partner to boost the law firm’s foreign-related dispute resolution capabilities in the Shanghai office. Chen, qualified in New York and China, has more than 30 years of experience in arbitration. He specialises...
UK law firm Trowers & Hamlins has expanded the team at its newly opened Singapore office with the addition of energy and projects veteran Ignatius Hwang, a former managing partner of McDermott Will & Emery in the city-state. The firm’s...
Tokyo-based law firm Isshiki & Partners has empowered its litigation and dispute resolution team with the addition of US IP disputes partner Akira Irie from Morrison Foerster. The hiring of Irie, who previously practised as a partner at Morrison Foerster’s...
Angola's EPC Dispute Chinese Law Insightsvideo

Case study: Identifying employers in international EPC contracts

By Sarah Gao and Shao Xiaohui, Anli Partners
As the Belt and Road Initiative (BRI) advances, Chinese construction firms are undertaking more international engineering projects, resulting in a rise in legal disputes over overseas infrastructure construction. This article analyses a contract dispute from the initial batch of engineering,...
With autonomous vehicles now a reality, we look at the latest legal developments in Japan and Thailand governing safety, liability and control JAPAN THAILAND Latest legal trends in Japan on automated vehicles In Japan, the private and the public sectors are seeking to...
Main post JAPAN In an era of rapid technological advancements, autonomous systems are becoming increasingly prevalent across various domains. In Thailand, the use of automated driving or self-driving vehicles has also emerged in recent years. The evolution of ADAS (Advanced Driver...
Main post THAILAND In Japan, the private and the public sectors are seeking to implement self-driving services. Several companies have been announcing plans to offer self-driving services, and the Japanese government aims to introduce such services in about 50 locations in...
Indonesia’s top 100 lawyers plus 26 Legal Icons. Lim Miran and Emeli Zuño report View the A-List Indonesia’s economy showcases both flexibility and strength, marking steady growth of around 5% annually, except for a slight dip during the pandemic years. This...
The International Women’s Day theme of inclusion is the inspiration behind the Association of Corporate Council Hong Kong (ACCHK) and the BakerWomen Committee’s panel discussion to be held on 23 May 2024 at One Taikoo Place in Quarry Bay. The...
Shin & Kim has continued its global dispute resolution practice expansion by adding international arbitration specialists Robert Wachter and Sean Sung-woo Lim from Lee & Ko to the bench in Seoul. “With the increasing number of cross-border legal disputes in...
Feel your way

Feel your way

The interplay of geopolitics, tech advancement, and evolving regulation has created a landscape of immense opportunities and formidable challenges in the realm of IP. How should Chinese and foreign companies navigate this tricky terrain? Luna Jin reports Soft domestic demand...
M&A and new privacy and data laws in Thailand

Focus on Thailand

M&A activity is looking positive, while privacy and data protection laws are beginning to bite, say experts MERGERS & ACQUISITIONS PRIVACY AND DATA PROTECTION LAWS Mergers & acquisitions on the uptick The volume of merger and acquisition (M&A) activities in Thailand increased significantly...
Privacy and data protection laws in Thailand

Privacy laws and personal data protection regulation

By Ruengrit Pooprasert and Chotika Lurponglukana,Veritas Law
MERGERS & ACQUISITIONS PRIVACY AND DATA PROTECTION LAWS   In the past, Thailand never had specific legislation regarding personal data protection. Specific laws applied only to protect the information of individuals that was in the possession or control of a state agency,...
Mergers & acquisitions in Thailand

Mergers & acquisitions on the uptick

By Warot Wanakankowit, Warot Advisory Services
MERGERS & ACQUISITIONS PRIVACY AND DATA PROTECTION LAWS   The volume of merger and acquisition (M&A) activities in Thailand increased significantly in 2023, and it is anticipated that the number will continue to rise during 2024. Both public and private companies have used...
advice on overseas energy plant investment

Risky landing

What land issues await Chinese investors setting their sights on overseas renewable energy power plants? Huang Huina, general manager, and Yang Tong, manager, of the legal and risk management department at China Power International, offer their advice OVER TIME, clean...
Bird & Bird is set to launch an office in Tokyo before the end of the year with the hiring of Ashurst Tokyo’s head of UK and European Japanese practice Hiroyuki Iwamura as a partner. Christian Bartsch, CEO of Bird...
Yoon & Yang has solidified its litigation team with the addition of three former judges, Dongkeun Lee, Jae Ho Hwang and Sungwook You, as partners. Lee, renowned for his 25-year tenure in the judiciary, served as a presiding judge at...
Baker McKenzie & KL Partners Joint Venture Law Firm has further strengthened its dispute resolution capabilities with international arbitration partner Sunyoung Kim joining the ranks in Seoul. This addition follows the hiring of Lee & Ko’s senior foreign arbitration attorney...
Trademark enforcement choices in India

Shielding your marks

By Sujata Chaudhri, Urfee Roomi, Janaki Arun and Jaskaran Singh, Sujata Chaudhri IP Attorneys
Options brand owners can choose to enforce the protection of trademark rights in India The enforcement of rights in a brand is the cornerstone of a robust protection strategy for any trademark owner. Decisions influencing a viable strategy for multi-jurisdictional...
The well-being chapter of the Singapore Corporate Counsel Association held a “Well-Being Wednesday” luncheon on 15 May 2024, focusing on conflict management and leveraging cultural intelligence at The Exchange in Marina View. The session featured Catherine Wu, lecturer at Nanyang...
Trademark-regulation-comparison

Making marks

Reforms and upgrades to trademark and IP regulation around the world have continued apace. Here we explore some of the jurisdictions that have been particularly active INDIA INDONESIA NIGERIA RUSSIA TAIWAN Economic reforms transform India’s IP landscape Any economic reform in a country is bound to...
India's trademark regulation

Economic reforms transform India’s IP landscape

By Safir Anand, Anand and Anand
Main post INDONESIA NIGERIA RUSSIA TAIWAN Any economic reform in a country is bound to attract transformation in intellectual property (IP) in areas including brand creation, collaborations, technology transfers, and mergers and acquisitions. Such economic reforms are often a result of the innovation-led growth...
Indonesia's trademark regulation

An analysis of trademark law in Indonesia

By Emirsyah Dinar, AFFA Intellectual Property Rights
Main post INDIA NIGERIA RUSSIA TAIWAN In Indonesia, the primary law on trademarks is Law No. 20 of 2016 on Marks and Geographical Indications, known as the Trademark Law. The Trademark Law was updated through Law No. 6, 2023 on the Enactment of a...
Indonesia's trademark regulation

A quickstep guide to trademark law in Nigeria

By Mark Mordi and Uche Nwokocha, ALN Nigeria | Aluko & Oyebode
Main post INDIA INDONESIA RUSSIA TAIWAN The principal legislations regulating trademarks in Nigeria are the Trade Marks Act, 1965; the Trade Marks Regulations, 1967; the Merchandise Marks Act, cap M10; the Laws of the Federation of Nigeria 2004 (LFN 2004); and the Trademark Malpractices...
Russia's trademark regulation

How trademark law impacts Russian trade

By Vladimir Biriulin, Gorodissky & Partners
Main post INDIA INDONESIA NIGERIA TAIWAN Trademarks are an important consideration when running a business. Russian law covers all aspects of trademarks to make business convenient and enforce the business’ rights if needed. The registration requirements are straightforward so that once the path is...
Taiwan's trademark regulation

Taiwan’s patent, trademark figures show growth

By CF Tsai, Yu-Li Tsai, and Lu-Fa Tsai, Deep & Far Attorneys-at-Law
Main post INDIA INDONESIA NIGERIA RUSSIA In 2023, the Taiwan Intellectual Property Office (TIPO) received 72,607 patent applications. This number is up 1% over the previous year. Of these applications, inventions (50,854) grew by 1% to reach an 11-year high. However, utility model patent applications...
Nishimura & Asahi has added Sean Conaty as its newest partner, fortifying the firm’s project finance and M&A sectors. Following a brief initial period in Tokyo, Conaty will relocate to the firm’s offices in Vietnam from where he will...
Davis Polk, King & Wood Mallesons, Ogier, Han Kun Law Offices, Simpson Thacher, Fangda Partners, and Sidley Austin have advised on Chinese electric car brand Zeekr’s USD441 million listing on the NYSE, the biggest Chinese stock offering in the...
butter chicken trademark

Spice wars

How a trademark dispute over the invention of an iconic north Indian dish descended into a food fight. By Vandana Chatlani On a balmy summer’s day in South Mumbai, I stood in a kitchen with my aunt’s cook, Ghanshyam. Carefully...
Anti-counterfeiting efforts in Asia

INTA’s APAC factor

With INTA’S 146th Annual Meeting just around the corner, Asia Business Law Journal’s Brian Yap spoke to Walter Chia, the association’s chief representative officer for Asia-Pacific, about the big issues and notable developments in our region The International Trademark...
Patent Infringement Lawsuit Outcome

Victory for SEPs

The Ericsson v Lava judgment shows that courts do not condone unlicensed use of standard essential patents, and affirms the country’s position as a jurisdiction where IP rights are protected. Freny Patel reports A turf war between smartphone manufacturers and...
Court Verdict on Hershey's Trademark Infringement Case

Hershey’s v. Atul Jalan: Scope of ‘first sale’ doctrine in TM infringement

By Manisha Singh and Malyashree Sridharan, LexOrbis
Chocolate maker has day in court over damage to brand from party selling its expired products An injunction was filed before Delhi High Court by the US multinational confectioner Hershey’s Corporation alleging Atul Jalan, trading as Akshat Online Traders, had...
Katherine Abraham investigates the planning and execution of IP search and seizure operations, and speaks to the lawyers who support clients on these raids The rapid advancement of technology, coupled with an abundant talent pool and affordable resources, have turned...
FRAND Rate Setting in Ericsson v Lava Dispute

Late but worth the wait? Decoding Ericsson v Lava verdict

By Pravin Anand and Vaishali Mittal, Anand and Anand
It took nine years, but the decision is a bellwether for future SEP protection The recent FRAND (fair, reasonable and non-discriminatory) rate-setting decision from Delhi High Court (DHC) in the dispute between Ericsson and the Indian mobile maker Lava shines...
India's courts have progressively sought to reduce interference in foreign arbitral awards and narrowed the scope where the public policy defence can be applied. However, further steps need to be taken, writes senior advocate Satvik Varma India aims to become...
Liu Shen & Associates welcomes back Zhang Huawei to its team, with the new partner strengthening the firm’s ability to provide services in international and intellectual property rights law. The Tokyo-based Zhang is equipped with China legal qualifications. As a...
Fangda Partners and Jia Yuan Law Offices have acted on the RMB6.65 billion (USD927 million) acquisition deal between China’s leading medical device company Mindray and its smaller counterpart APT Medical in the biggest A-share M&A to date this year. Aside...

War of words: combatting trade infringement

By Peter Jiang and Xiaobo Bao, C&M Law Office
How to shake off those who coattail on your good business name TRADEMARK INFRINGEMENT In early 2016, the authors found 31 stores infringing on the trademarks of Subway, a client of the authors’ firm since 1998. As one of the world’s...
energy renewable regulatory developments

Energy laws update

As countries work towards transforming their power grids we focus on the efforts of two nations to regulate and navigate these changes INDIA PHILIPPINES Tangled wires: Energy laws in India India does not have a single codified law that caters for all energy...
Energy laws India

Tangled wires: Energy laws in India

By Sakya Singha Chaudhuri and Avijeet Kumar Lala, Neeti Niyaman
Main post PHILIPPINES India does not have a single codified law that caters for all energy sources. Instead, energy laws in India comprise multiple statutes, rules, regulations, government policies and directives at federal and state levels that govern the electricity, oil,...
Philippines renewable energy

Regulatory developments for renewables in the Philippines

By Maria Elizabeth E Peralta-Loriega, Bryan A San Juan and Recolito Ferdinand N Cantre Jr, Sarmiento Loriega Law Office
Main post INDIA Pursuant to heightened calls to reduce greenhouse gas (GHG) emissions and to increase the use of renewable energy, the present Philippine administration has recently implemented key reforms affecting the sector. LIFTING NATIONALITY RESTRICTIONS In September 2022, the Department of Justice...
Procedure-not-subservient-to-substantive-trademark-rights-L

Procedure not subservient to substantive trademark rights

By Manisha Singh and Malyashree Sridharan, LexOrbis
In the recent case of TTK Prestige Limited v Baghla Sanitaryware Private Limited and Others, Delhi High Court refused an application by the plaintiff to place additional documents on record under order XI rule 1(5) of the Code of...
How FMCG firms protect brand rightsvideo

How FMCG firms protect brand rights early in market

By Roy Yang, Hengtai Law Offices
Fast-moving consumer goods (FMCG) companies face fierce competition in the market, where brand and product image significantly influence consumer purchasing decisions. Therefore, FMCG enterprises should prioritise the protection of business marks, product names, company names, packaging designs and other...
The Cyberspace Administration of China (CAC) has issued the long-waited Provisions on Facilitating and Standardising Cross-Border Data Flow. This signals a moderate relaxation of the country’s stringent control over cross-border data transfer (CBDT) activities. The move, effective from 22 March...
China's New Company Law reforms capital system

New Company Law reforms capital system

By Grace Zhao and Wendy Wang, Brightstone Lawyers
How will amendments to China’s Company Law impact investor strategies and risks in investment and financing? China’s newly revised Company Law will take effect on 1 July 2024. It brings profound changes to the establishment, operation and governance of Chinese...
Philippine indigenous petroleum reserves

Going deeper: Philippine push for indigenous petroleum reserves

By Jose M Layug Jr, DivinaLaw
With its GDP growing by 7.6% in 2022, the fastest rate among emerging Asean economies, the Philippines is facing increasing demands for energy. Against the backdrop of volatile oil prices, exploring for indigenous hydrocarbons must be a long-term policy...
video

How Singapore seeks to future-proof its social contract

By Matthew Teo, Helmsman
Singapore’s hands-on government has delivered impressive results in just one lifetime, forging one of the world’s most dynamic and wealthiest economies by investing in the country’s only natural resource: human capital. Emerging from the pandemic into an uncertain landscape...
SEP owners' relief destination India

Is India the next big destination for relief to SEP owners?

By Pallavi Bhatnagar, Gitanjali Sharma, and Gursimran Singh Narula, Anand and Anand
Amid increasing activity in standard essential patent (SEP) disputes leading to settlements between players such as Nokia-OPPO and Kigen-Thales, a recent Delhi High Court decision in Ericsson v Lava has put India at the forefront as one of the most favourable destinations...

MOST READ ON LAW.ASIA

Japan-outbound-guide-2026

Japan outbound investment guide

Japanese corporates have been actively turning to the overseas M&A market for expanding their business and enhancing capital efficiency

India Inbound Investment

Investment strategies in alluring India

By Dushyant Bagga and Pooja Menon, TT&A

Follow us on LinkedIn

Follow now