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Proactive approach needed to fight counterfeiters

A call to action

Combatting counterfeiters is never easy, but often the very survival of quality enterprises is on the line. The stakes are high so the right strategies are key, write Ami Parikh and Bhavesh Haria, in-house counsel at Asian Paints The malaise...
Law firm movements influence regional business

On the move

Elections, political tensions, accelerated regulation and shifting sands of opportunity are some of the factors influencing law firm movements in the region. Like never before, the turnstyle of firm exits and entries provides a pulse count of regional business,...
Fangda Partners and Norton Rose Fulbright have advised Deutsche Bank on the issuance of its third panda bond, valued at RMB3 billion (USD415 million), in the largest such issue by a financial institution since 2018. The two-year senior preferred notes...
Shihui Partners beefs up the firm’s real estate and infrastructure expertise as it welcomes new partner Zhang Xian to its Beijing office. Zhang was a senior associate at Zhong Lun Law Firm. In addition, she was formerly general counsel at...
Troy Doyle joins Rimon Law as partner and chair of the firm’s global restructuring group in Singapore. Doyle brings more than two decades of expertise in restructuring and insolvency across Asia, the US and the UK. His career includes senior...
India’s telecoms act

Any hangups?

India is bringing its outdated telecoms regime into the present with new legislation. But the reforms have sparked concern over privacy and implementation, writes Indrajit Basu India’s Telecommunications Act, 2023, announced in December last year, is set to usher in...
Tokyo-based TMI Associates has inked a partnership with SY Teo & Co to establish a base in Kuala Lumpur, marking the Japanese firm’s second Malaysian tie-up, extending its presence in the Southeast Asian nation. Partner Hiroyasu Umeda, who is currently...
Analysis of Directed Financing Instruments

Legal relationships and defences for directed financing instruments

By Xu Yu and Pang Yuying, Hylands Law Firm
A wave of financial products known as “directed financing instruments”, “directed debt financing instruments”, or “directed financing plans” flooded the market around 2018, garnering widespread attention and enthusiasm from investors. Against the backdrop of substantial financing demands among small and...
India DPDP Act tech companiesvideo

Data privacy considerations for technology companies

By Harsh Kumar and Indraneel Chakraborty, Kaizen Law
← Back to index India’s first comprehensive data protection law, the Digital Personal Data Protection Act (DPDP Act), was enacted in August 2023 to regulate the processing of digitalised personal data of individuals (data principals). Most significantly, personal data is recognised...
India’s data protection goals with AI

Black list or white: Navigating India’s data protection goals with AI

By Arnav Joshi and Ashima Obhan, Obhan & Associates
← Back to index In the digital era, the debate over data localisation laws has become increasingly nuanced and complex, particularly in countries like India, where technological advancement intersects with regulatory oversight. This intersection has broad implications and practical challenges...
global data protection compliance strategyvideo

Global compliance with data protection regimes

By Mathew Chacko, Aadya Misra, Ada Shaharbanu and Ritika Acharya, Spice Route Legal
← Back to index India’s volume of data generated daily has skyrocketed, from social media interactions and financial transactions to healthcare records and transportation systems. Alongside the opportunity for innovation and growth, this development has raised concerns regarding privacy, security...
Vardaan Ahluwalia, Aman Gupta and Sumedha Kalra, share their experience of onboarding a custom-built AI system Imagine you are negotiating a complex JV proposal back in the 1980s. The deal has a lot of contentious points and, naturally, involves significant...
India’s Digital Personal Data Protection Actvideo

Planning and implementing best-practice compliance

By Prashanth Shivadass and Shri Gayathri, Shivadass & Shivadass Law Chambers
← Back to index The worldwide web has evolved from a read-only format to a more interactive and social media-driven format. The latter, however, poses significant challenges to security, privacy and data protection, thus becoming popular for data breaches and...
India Data Protection key aspectsvideo

The key aspects of India’s Data Protection Act

By Cyril Abrol, Remfry & Sagar
← Back to index The Digital Personal Data Protection Act, 2023 (DPDP Act), is a landmark in India’s journey towards robust data privacy regulations. Enacted in August 2023, the act is poised to redefine the handling of digitised personal data,...
In the case of Ram Kishor Arora v Directorate of Enforcement, the Supreme Court had to deal again with the procedure by which the Enforcement Directorate (ED) is to arrest an accused. The appellant sought a declaration that his...
After acting as Clifford Chance’s co-managing partner in China for seven years, Tim Wang will be promoted to chair of the China practice when his term ends on 30 April, while Terence Foo will revert to partner. Partner Shi Lei...
Liu Hongyue, Matthew Yin and Chen Haijun has joined AnJie Broad as partners to reinforce its Shanghai office’s strength in international trade, dispute resolution and labour matters. Liu, a former lawyer at King & Wood Mallesons, specialises in the areas...
Global law firm Kennedys appoints Mark Errington as a partner in its Singapore office, effective in July 2024, to lead the property, construction and energy division in the region. Matt Andrews, regional managing partner at Kennedys, said: “Our vision is...

Under attack

Businesses in Asia and their general counsel are faced with safeguarding against increasingly sophisticated cyber-threats while navigating a complex regulatory framework for incident disclosure. Chandu Gopalakrishnan reports On 27 February this year, the general counsel of Australian businesses woke up...
MORE THAN SIX YEARS AGO, this column discussed the doctrine of state immunity and how it was interpreted and applied in various jurisdictions, including the UK, mainland China and Hong Kong (see China Business Law Journal, volume 9, issue...
Peer power

Peer power

PEER PRESSURE is a real thing, but so is peer support. Lately, confronted with mounting compliance and regulatory pressure, seemingly non-rhythmic industry swings, and concerns in global markets, China’s in-house counsel often find comfort in the sharing of both...
Vikram Shroff has left Nishith Desai Associates after a 25-year career, embarking on a fresh path to become a partner of the employment/labour and benefits team at AZB. “I was truly inspired by Zia Mody’s vision and progressive thinking...
AI-comparative-guide-L

Total control?

Wintell & Co’s newest office in Beijing has welcomed senior partners Ray Li and Wei Yi, while senior adviser Eding Yi has joined the firm’s Shenzhen and Shanghai branches. The latest recruitment has strengthened the firm’s speciality in investment, M&A,...
AI regulation for businesses in Japan

Japan’s AI regulation for businesses

By So Saito, Yuki Sato, William T Gillespie, Chiho Saito and Yu Mizushima So & Sato Law Offices
Main post INDIA PHILIPPINES SOUTH KOREA TAIWAN AI’s development is accelerating exponentially. While its regulation is in its infancy, one dramatic innovation seems to lead to the next at a staggering pace. Generative AI technology that creates art, literature, journalism reports, translations, even academic...
video

AI and the law in the Philippines

By Nilo T Divina and Jay-r C Ipac, DivinaLaw
Main post INDIA JAPAN SOUTH KOREA TAIWAN The rapid and global rise last year in the popularity of ChatGPT brought more policymakers and other stakeholders worldwide into the debate on how to maximise innovative uses of artificial intelligence (AI) while also managing the different...
Navigating AI in India

Regulating AI: Navigating India’s challenging regime

By Harsh Kumar and Vishal Singh, Kaizen Law
Main post JAPAN PHILIPPINES SOUTH KOREA TAIWAN Artificial intelligence (AI) applications have dramatically influenced our everyday lives through generative AI (GenAI), shaping activities including content creation, marketing endeavours, customer service interactions through chatbots and voice assistants, the use of advanced applications for medical diagnostics,...

Analysis of AI regulatory frameworks in South Korea

By Hwan Kyoung Ko, Il Shin Lee, and Matt Younghoon Mok, Lee & Ko
Main post INDIA JAPAN PHILIPPINES TAIWAN In an era where digital innovation is reshaping our world, artificial intelligence (AI) is emerging as a pivotal force, revolutionising industries and societal structures. In recent years, there has been a global movement towards greater clarity in AI...

Taiwan: Governing the AI genie

By Ken-Ying Tseng, Sam Huang, Lily Kuo, and Chi Lee, Lee and Li
Main post INDIA JAPAN PHILIPPINES SOUTH KOREA Rapid development in artificial intelligence is creating a worldwide legal minefield. This article examines Taiwan’s approach to AI in copyright, finance, government initiatives and data privacy. AI AND COPYRIGHT AI has raised concerns regarding copyright protection. The first issue...
Wotton + Kearney is the first major Australian insurance and risk firm to establish a significant office in Singapore, which will open in June. Ben Nicholson, who is set to join the firm from Kennedys, will head the new office,...
Asia Business Law Journal uncovers the premier professionals leading the way in Taiwan's legal landscape. Lim Miran and Emeli Zuño report. View the A-List As Taiwan strides into 2024, a tangible sense of expectation surrounds the island’s economy. The government expects...
Vietnam--protecting-intellectual-property-rights-L

Vietnam: protecting intellectual property rights

By Nguyen Anh Tuan and Nguyen Ngoc Ly, Bizconsult Law Firm
←Back to index Vietnam, once something of a laggard compared with many of its regional peers in the protection of intellectual property, has taken significant strides in recent years to close the gaps in the legal framework. That’s especially so...
The Prime Minister of Vietnam, Pham Minh Chinh, has issued a directive, urging ministries, sectoral bodies and local government agencies to conduct a thorough review of the country’s cybersecurity landscape. Ransomware incidents since late March have targeted prominent enterprises such...
Google's Service Fee

Pause

A decision by a US tech giant to delist Indian apps has sparked the ire of the government and the competition regulator. The confrontation positions the authorities as safeguarding domestic players and preventing abuse of market dominance, writes Freny...
Anti-bribery-rules-in-Thailand--A-simple-guide-L

Anti-bribery rules in Thailand: A simple guide

By Sakchai Limsiripothong, Pralakorn Siwawej and Korakod Jittimaporn, Weerawong, Chinnavat & Partners Ltd
←Back to index For Japanese enterprises eyeing expansion into Thailand, a clear understanding of Thai anti-bribery laws is indispensable. The fine line between permissible business gestures and what constitutes bribery under Thai law requires careful navigation. Such understanding is essential...
IP-protection-and-dispute-management-in-Russia-L

IP protection and dispute management in Russia

By Vladimir Biriulin and Sergey Medvedev, Gorodissky & Partners
←Back to index Russian intellectual property law dates back to 1992, when Russia drafted its IP laws with an eye on German legislation. This meant that the law was solid from the beginning. Since economic and political relations were quickly...
Investment-prospects-for-Japanese-enterprises-in-India--Part-2-L

Investment prospects for Japanese enterprises in India: Part 2

By Gaurav Dani, Saurav Kumar and Swathi Sreenath, IndusLaw in New Delhi
←Back to index India and Japan share a deep-rooted history and a robust partnership marked by strategic, economic and political alignment, and grounded in cultural and spiritual ties. Over time, their economic interdependence has strengthened, with India's proactive efforts to...
Investment-in-Indonesia--Unlocking-opportunities

Investment in Indonesia: Unlocking opportunities

By Denny Rahmansyah and Velicia Khoswan, SSEK Law Firm
←Back to index Japan and Indonesia have maintained a longstanding economic relationship. In 2023 alone, Japanese investment in Indonesia totalled USD4.63 billion, making Japan the fourth-largest foreign investor. In the past decade, Japanese investors have been particularly interested in the...
In an arbitration procedure, objection to the validity of the arbitration agreement is a form of objection to the arbitration jurisdiction, which is an important procedural right of the parties. A choice to make Article 20 of the Arbitration Law stipulates...

Compliance on notification threshold for anti-monopoly filing

By Pan Zhicheng and Li Qingqing, Hui Ye Law Firm
The State Council’s revised Provisions on the Notification Threshold for Concentration of Undertakings for merger and acquisition filings took effect on 26 January 2024, marking the first revision and significant increase in the notification threshold since 2008. This article interprets...
In the past few years, amid changes in the economic situation and accelerated adjustment of industrial structures, judicial practice of China’s insolvency laws has developed greatly, posing various challenges to arbitration proceedings. This article focuses on three specific issues,...

Upgrading data breach prevention and response

By Kevin Duan and Hu Minzhe, Han Kun Law Offices
Data security incidents occur frequently these days. To enhance protection of data security – and reduce losses and hazards caused by data breaches – the Cybersecurity Law (CSL), Data Security Law (DSL), and Personal Information Protection Law (PIPL) all...
Nagashima Ohno & Tsunematsu boosts the strength of its energy and infrastructure practice with energy and project finance specialist Tsutomu Kobayashi joining as a new counsel to its bench in Tokyo. Kobayashi was most recently a Tokyo-based partner at Baker...
video

Identifying and prosecuting internal fraud

By Song Tangyin, Anli Partners
With the new Company Law and Criminal Law Amendment (XII) improving the provisions concerning the responsibilities of directors, supervisors, executives and employees regarding internal corporate fraud, the issue has garnered increased attention. This article provides a brief overview of...
On 6 February 2024, the State Administration for Market Regulation (SAMR) issued the Draft Regulations of the State Council on Implementing the Registration and Management of Registered Capital, under the Company Law, for public consultation. The draft regulations were issued...
Equity Participation

Supervision of SOEs’ external investment by equity participation

By Sha Qianli and Shen Yingxin, Brightstone Lawyers
In recent years, there has been a growing trend in state-owned enterprises’ (SOEs) external investment in unlisted Chinese enterprises by equity participation. This article clarifies the procedures governing the processes of stock investment, equity transfer and capital increase. Equity participation Approval...
Blossom & Credit Law Firm has set up a Suzhou office and new partner Feng Zhe will become the branch director. Feng, previously a director at Bairui Law Firm in Suzhou, is a dispute resolution specialist in the construction and...
After eight years of operating independently, Guantao Law Firm’s Hong Kong office has entered into a partnership with Gallant, a Hong Kong peer with 130 employees, to enhance cross-border capabilities by increasing their scale of operations. Grace Yan, the Hong...
Watson Farley & Williams has strengthened its energy offering in Singapore with the addition of project development and finance veteran, Clarinda Tjia-Dharmadi, as a partner from McDermott Will & Emery. Tjia-Dharmadi, who has also joined Watson Farley’s global energy sector...
Qin Wen, a former partner at Rui Bai, a PRC legal arm of Big Four accounting firm PwC, and Ma Tao, a former partner at Jingshi Law Firm, have joined Hylands Law Firm. Qin specialises in handling dispute resolution, corporate...
Criminal compliance specialist Yin Qing has joined TianTong Law Firm as a partner and head of the anti-fraud practice in Shanghai. Yin, who previously practised at Jin Mao Law Firm and Llinks Law Offices, specialises in anti-fraud, anti-commercial bribery, internal...
On 25 January 2024, the State Council promulgated the Interim Regulations on Administration of Carbon Emissions Trading, which will come into force on 1 May 2024. The interim regulations set out the regulatory regime over carbon emission allowances (CEAs) in...
The Ministry of Women and Child Development has introduced the National Minimum Standards and Protocol for Crèches (Operation and Management). According to the ministry, these guidelines respond to longstanding demands and aim to standardise and institutionalise the care economy. The key...
India announced the penalty guidelines for anticompetitive conduct in early March, giving the antitrust watchdog the discretion to impose penalties based on global turnover. While the Competition Commission of India (CCI) can impose a penalty of up to 30%...
The Ministry of Corporate Affairs (MCA) has invited public comment on the Report of the Committee on Digital Competition Law (CDCL) and the accompanying draft bill of a Digital Competition Law. Established in response to concerns regarding anti-competitive practices by...
Mutual fund distributors can now earn a trail commission when investors transfer their portfolios to them, as per the circular released by the Association of Mutual Funds in India (AMFI) on 5 March, outlining best practices for the mutual...
India has signed a significant Trade and Economic Partnership Agreement (TEPA) with the European Free Trade Association (EFTA) countries comprising Switzerland, Iceland, Norway and Liechtenstein. Under the agreement, both parties have pledged substantial commitments, aiming to generate USD100 billion in...
The IRDAI has released a draft of new regulations for Indian insurance companies, with the aim of making it easier for insurers to register, transfer shares, merge and list their shares on stock exchanges. The proposed IRDAI (Registration, Capital Structure,...
Revamping a 10-year-old regulation governing real estate investment trusts, India’s capital market watchdog has opened the floodgates to encourage participation by retail investors and high-net-worth individuals (HNWIs) by reducing the minimum subscription amount to INR1 million (USD12,000). The Securities and...
The government has announced the opening up of the country’s space sector to foreign investors. Under the new policy approved by the cabinet, foreign direct investment (FDI) restrictions have been relaxed, allowing foreign investors to contribute to various aspects of...
Role Head of Legal (Digital Assets) Location Hong Kong Job Description Draft and review a wide range of commercial and legal documents, including contracts for digital media and blockchain products, as well as investment and acquisition agreements. Provide legal support to clients, advising on corporate...
Role Legal Counsel (Investment Management) Location Tokyo, Japan Job Description A leading global bank is looking to fortify their legal team in Japan. - Provide legal advice and support to the asset management division, encompassing fundraising, structuring, transaction execution, and asset management. - Offer expertise in legal, policy,...
Cross-Border Data Regulations Challenges

Evolution, challenges in cross-border data regulation

By Calvin Peng, Dacheng Law Offices
The Regulations on Promoting and Standardising Cross-Border Data Flows (the regulations) was released on 22 March 2024. Since then, the development process of China’s cross-border data export regulation has gradually become clearer. However, there are still many challenges on...
Safety Compliance in Energy Infrastructurevideo

Safety compliance in energy infrastructure development

By Du Jiahong, Starrise Law Firm
After years of development, China has become the world’s largest producer of energy, with a diverse energy supply system both domestically and internationally. Not only has it achieved a cross-regional energy layout within the country, but it has also...
JSA has advised technology investment firm B Capital on an additional injection of capital into e-mobility startup Bounce, operated by Wickedride Adventure Services, for an undisclosed amount. Partners Manvinder Singh and Anant Mishra led the JSA transaction team with the...
Role Associate, Litigation/Insolvency & Restructuring (3-6 PQE) - 17116/VTA Location Hong Kong, China Job Description This is an excellent opportunity for an experienced litigator or insolvency and restructuring lawyer to join an offshore firm in Hong Kong. Job Requirements You must be admitted to the...
Thailand tech law individual rights

Keeping watch on Data Privacy: Thailand

By Kowit Somwaiya, Usa Ua-areetham and Warit Lertwuthisart, LawPlus
JAPAN PHILIPPINES THAILAND Thailand’s major data privacy law is the Personal Data Protection Act (PDPA), which was passed as a law in 2019 and became fully effective in June 2022. It sets out the key principles on personal data processing and the appointment...
Philippines tech law individual rights

Keeping watch on Data Privacy: Philippines

By John Paul M Gaba, ACCRALAW
JAPAN PHILIPPINES THAILAND The Philippine Data Privacy Act of 2012 (DPA, or Republic Act No. 10173) was signed into law on 15 August 2012. It is a comprehensive law that governs personal data privacy protection in the Philippines. The National Privacy Commission...
Japan tech law individual rights

Keeping watch on Data Privacy: Japan

By Jun Niizawa and Yo Kashibuchi, Chuo Sogo Law Office
JAPAN PHILIPPINES THAILAND This article introduces the regulations of Japan’s Act on the Protection of Personal Information (APPI) to which foreign business entities including controllers and processors (“foreign business entities” or “foreign operators”) should pay particular attention when handling personal information of...
With China slowing, attention is turning to Asia’s other big economies and to the Middle East, while the rise in AI and global geopolitical factors also weigh heavily with markets. So, what’s in store this year? George W Russell...
SEP Cases Paradigm Shift

Court confirms SEP holders’ rights to interim security payments

By Vaishali Mittal, Anand and Anand
How a recent judgment has changed the course for standard essential patent disputes. For several years, patent owners pursuing contentious litigation with implementers have been navigating the standard essential patent (SEP) landscape in India, unsure of their destination (injunction, damages,...
Japan’s TMI Associates has welcomed Junhee Lee as its newest counsel, bolstering the firm’s expertise in fintech and corporate law. Prior to joining TMI Associates, Lee worked as a partner at Yulchon in Seoul. From 2003 to 2016, he practised...
A trio of intellectual property groups in Beijing and Hong Kong have joined forces, incorporating a 36-strong team from Zhong Lun Law Firm, to establish an IP giant providing a comprehensive range of services across seven cities. The tie-up involves...
Singapore’s Drew & Napier has reinforced its international arbitration expertise with the appointment of Abhinav Bhushan as director. “Singapore will continue to be a promising global dispute resolution hub with Drew & Napier at its epicentre,” Bhushan told Asia Business...
Yulchon has boosted its mergers and acquisitions bench by onboarding four new partners from Yoon & Yang in Seoul, with the latter’s M&A team head among the quartet. Sung-Jin Kim, who was most recently a partner heading Yoon & Yang’s...
Digital Banking Regulation in South Korea

North Asia regional guide to digital banking: South Korea

By Hwang Hyun-il and Heo Junbeom, Shin & Kim in Seoul
JAPAN SOUTH KOREA In South Korea, digital banking lacks a precise legal definition. Simplistically viewing it as merely banking services rendered online fails to capture the full scope of how such operations have evolved digitally in the country. Lately, there has been...
Digital Banking in Japan

North Asia regional guide to digital banking: Japan

By Katsuya Hongyo and Shun Komiya, Chuo Sogo Law Office in Tokyo
JAPAN SOUTH KOREA In Japan, the first entirely internet-based bank opened in October 2000. At the time it was commonly referred to as an “internet bank”. Subsequently, with the spread of smartphones, Japan’s traditional financial institutions (megabanks and regional banks) gradually...
As regulation and compliance evolves rapidly in the hot-button area of finance, it is imperative to keep up to date on new developments. Here we engage expert views on related laws and regulations in Japan and Korea. JAPAN SOUTH KOREA JAPAN In Japan,...
Tanay Agarwal has been promoted at TT&A as a partner in the banking and finance team, which will strengthen the practice's solid reputation. Agarwal began his career in 2015 at Cyril Amarchand Mangaldas and moved to TT&A in 2019. His...
Weil has closed its Beijing office and is currently in discussions to shut down its Shanghai branch. A spokesperson at Weil told China Business Law Journal: “The firm is engaged in discussions on the office in Shanghai with a view...
Orrick’s reconsolidation of resources from the closure of its Shanghai and Taipei offices to the remaining branches in Beijing, Singapore and Japan marks the seventh major foreign firm to downsize across the China region. A spokesperson at Orrick told China...
New act brings telecoms up to speed

New act brings telecoms up to speed

By Ashima Obhan and Manisha Khalkho, Obhan & Associates
The Telecommunications Act, 2023 (act), enacted on 24 December 2023, marks a significant milestone. Replacing out-of-date legislation – such as the Indian Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 1933 – the law is a dramatic shift...
Supreme Court tax regime for online gaming

Supreme Court to set tax regime for online gaming

By Shankey Agrawal, and Lopamudra Mahapatra, BMR Legal
The world of taxation has witnessed many regulatory controversies in the past, but very few have held the attention of policymakers like the online gaming industry has managed to do lately. India has experienced exponential growth in revenue generation...
RBI financial climate risk

RBI’s draft directive for housing finance companies

By Sawant Singh and Aditya Bhargava, Phoenix Legal
In 2020, with the commencement of the transfer of the regulation of housing finance companies (HFC) from the National Housing Bank (NHB) to the Reserve Bank of India (RBI), the RBI began introducing various processes to bring about the...
Four partners – Wang Guan and Wang Dunping in Beijing, Jason Zhang in Shanghai, and Xia Hailong in Guangzhou – have joined Zhong Lun Law Firm, lifting the capital markets, investment, M&A, and dispute resolution businesses. Wang Guan, formerly a...
After Akin’s decision to cease operations in Beijing  at the end of last year, its senior counsel Dennis Yeung based in China’s capital has recently joined Yang & Yang Solicitors as a partner. With 20 years of experience, Yeung specialises...
Term-ahead contracts extensions

Extensions of term-ahead contracts

By Abhishek Tripathi and Rahul Bangia, Sarthak Advocates
Recently, distribution companies (discoms) have sought to achieve short-term flexibility in their power purchase contracts. Short-term fluctuations in demand and supply, as well as in tariffs have made it important to optimise long-term contracts in a way that does...
Trademark cases

Trademark cases not as smooth as silk

By Manisha Singh and Shubhankar Sushil Sharma, LexOrbis
In the recent case of Berger Paints India Limited v JSW Paints Private Limited before the Calcutta High Court, the plaintiff, Berger, sought an injunction against the defendant, JSW, to restrain it from using the plaintiff’s trademark, Silk, for...
Infringing scholastic material

Infringing scholastic material not requiring close study

By Manisha Singh and Puja Tiwari, LexOrbis
In the recent case of Oswaal Books and Learning Private Limited v Bokaro Students Friend Private Limited and Ors, the plaintiff, Oswaal Books and Learning applied for and was granted an urgent ex parte order preventing the defendant, Bokaro...
Charles Russell Speechlys has deepened the expertise in its new Singapore office through the recent hiring of a US-qualified international tax team as well as an Australia-admitted dispute resolution specialist. The London-based firm has taken on board two partners Kurt...

The GCP: Key challenges and way forward

By Abhijit Mukherjee, Dentons Link Legal
India presented its five nectar elements (Panchamrit) of climate action at the 26th UN Climate Change Conference of the Parties (COP) held in Glasgow, which was a step towards achieving India’s long-term goal of net zero emissions by 2070....
Trial Holdings, a discount-store chain operator in Japan, has successfully concluded its global initial public offering (IPO) on the Tokyo Stock Exchange, raising around USD258 million. Skadden, Arps, Slate, Meagher & Flom acted as Trial Holdings’ US law counsel, with...
A leadership transition at SNG & Partners has seen Amit Aggarwal promoted to managing partner of the firm’s corporate and non-contentious practice. The move is of added significance because it represents a non-family member stepping into a key leadership...
Abhiraj Arora has joined Saraf and Partners in the securities and regulatory practice. Prior to his current position as a partner, Arora worked as an associate partner at Economic Laws Practice, following an eight-year tenure at the Securities and Exchange...
Vipin Tyagi brings more than 15 years of dispute resolution experience to his new role at AP & Partners, focusing on the corporate and commercial sectors. Before joining AP, Tyagi worked at Trilegal, S&R Associates and the chambers of Manmeet...
Jincheng Tongda & Neal has set up a Chongqing office, liaising with the Chengdu branch to expand its presence in the southwest region. Zhou Mingbing, the former partner and vice committee director at leading home-grown law firm K&H, has joined...
Merits & Tree Law Offices has expanded its Chengdu and Beijing offices with the addition of partners Tang Liang, Wang Yao and Meng Jiru. The Chengdu-based Tang, a former senior partner and director at the Urumqi branch of AllBright Law...
Renewable Energy Investment in South Africa

Precautions before investing in South African green energy

By Wang Jihong and Chen Dingduo, Zhong Lun Law Firm
South Africa and China signed a series of agreements during the August 2023 visit by President Xi Jinping on co-operation in renewable energy projects, opening a wealth of investment opportunities for Chinese businesses. The agreements were an indication of...

IPO registration: how system reviews big numbers of shareholders

By Xia Jialin and Huang Yiping, Zhilin Law Firm
Disclosure of information has been at the core of China’s shift to the current across-the-board registration-based IPO system, which replaced the more cumbersome and inefficient approval-based approach. Wherever practicable, the earlier conditions needed to gain approval for a public...
AI compliance recommendationsvideo

Enterprises navigate risk, compliance in era of new AI regulations

By Bai Xiao, Zhong Wen Law Firm
In 2023, generative artificial intelligence (GAI) witnessed a shift from niche to mainstream development. With the amalgamation of data, algorithms and computing power, the disruptive nature of AI technology became increasingly prominent, finding widespread applications across various sectors. Yet, attention...
Shin & Kim has bolstered its international arbitration capability with the hire of new partner Brandon (Hyung-Sik) Bang, previously a partner and co-head of international arbitration at Bae, Kim & Lee. Bang joined on 11 March this year and is...
Yuto Matsumura, a managing partner of Mori Hamada & Matsumoto, has left one of Japan’s largest law firms to join Hitachi as chief legal officer  and general counsel. Matsumura, who has also been appointed as a vice president and an...
Offshore incorporation can be a sound decision for a company looking to do cross-border business. Most often, an entity that is established outside its primary location of operation will conduct the same activities as any other company, but will...

Hong Kong consultation on regulatory regime for stablecoin issuers

By Rossana Chu, Yang & Yang Solicitors
The Financial Services and the Treasury Bureau of the Hong Kong government and the Hong Kong Monetary Authority (HKMA) conducted public consultations in December 2023 on a proposed regulatory regime for stablecoin activities in Hong Kong that would be...
Trademark Confirmation

Case study: TM confirmation under adverse circumstances

By Frank Liu and Jerry Huang, Shanghai Pacific Legal
It’s not unusual to see companies making belated applications for trademarks. For example, the core trademark may be pre-emptively registered due to negligence, or is utilised prior to application to seize business opportunities. Alternatively, the application may be blocked...
With China slowing, India and the Middle East factor heavily in legal experts’ predictions of key trends that will shape 2024. George W. Russell reports While geopolitical tensions continue to make global headlines – the Russian invasion of Ukraine has...
Smita Rajmohan, senior product counsel and co-head of the AI Practice Group at software company Autodesk, offers expert advice to in-house counsel on how their companies can implement AI systems Companies worldwide are embracing new artificial intelligence (AI) technology at...
Role Global Hedge Fund Compliance Officer Location Singapore Job Description A reputable and established hedge fund is looking to hire a Compliance Officer for its Singapore base. You will be given the opportunity to support the business on all a wide range of compliance-related...
securing patient information

Health provider obligations in securing patient information

By Mathew Chacko, Aadya Misra and Shambhavi Mishra, Spice Route Legal
This, the second in a two-part series on health data protection law, examines the impact of the Digital Personal Data Protection Act, 2023 (DPDPA), on healthcare organisations. The DPDPA was enacted in 2023 but is not yet in effect. It...
National Infrastructure and Investment Fund India

NIIF the stealth hero of infrastructure investment

By Rohit Jain and Nitish Mawkin, Singhania & Co
The National Infrastructure and Investment Fund (NIIF) was established in 2015 as a trust, registering as a category-II alternative investment fund (AIF) under regulation 2(b) of the SEBI (AIF) Regulations, 2012. Consisting of four funds, the NIIF has a...
Greatest gift to humankind or its biggest threat

Greatest gift to humankind or its biggest threat

By Mathew Chacko, Aadya Misra, Ada Shaharbanu and Ritika Acharya, Spice Route Legal
The exponential rise of the use and economic potential of artificial intelligence has made it a subject of front-rank legal importance. In a world driven by information and a growing awareness among consumers that they need to demand more...
Fair use doctrine in generative AI

Applying fair use doctrine to generative AI

By Ernest Luigi A Manzanares, Federis & Associates Law Offices
In a meeting with technology investors in San Francisco, California, late last year, Philippine President Ferdinand Marcos Jr vowed the readiness of the Philippines to embrace AI, and invited technology companies to become partners as the country braces for...
India Artificial Intelligence

Balancing innovation and regulation as AI spreads

By Essenese Obhan and Charul Yadav, Obhan & Associates
Whether artificial intelligence (AI) is considered a disruptor or an accelerator, it is here to stay. After decades of being confined to laboratory-based research, AI has become mainstream and governments are becoming interested. India is no exception. Estimates are that...
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In its February 2024 statement on developmental and regulatory policies, the Reserve Bank of India (RBI) explicitly recognised that “climate change can translate into climate-related financial risks” for regulated entities (RE) “which can have broader financial stability implications”. To...

Applying for a VASP licence in BVI

By Gary Smith and Frost Wu, Loeb Smith Attorneys
The Virtual Assets Service Providers Act, 2022 (VASP Act), creates a legal framework for registration and supervision of Virtual Assets Service Providers (VASPs) – such as virtual asset exchanges, marketplaces and brokerages, and perpetual futures exchanges – operating in...
Real estate companies' decarbonisation efforts

Real estate prosperity only through radical decarbonisation

By Ashoo Gupta, Shardul Amarchand Mangaldas & Co.
There is an urgent, crucial need for a more efficient approach to reducing carbon emissions in buildings. This approach has the potential to drive real estate portfolios towards achieving net-zero emissions while generating positive financial returns. Despite facing significant...
Culinary intellectual property in India

Fine words butter no parsnips, nor apparently chicken

By Manisha Singh and Tushitta Murali, LexOrbis
On 16 January 2024, a hearing in the case of Rupa Gujral and Ors v Daryaganj Hospitality Private Limited and Ors saw the opening salvos in what could either be a lengthy campaign over culinary intellectual property or a...
Market coupling sparks efficiency debate

Market coupling sparks debate on efficiency and dominance

By Abhishek Tripathi and Rahul Bangia, Sarthak Advocates
Market coupling in power exchanges is expected to be the most significant move in the power sector seen recently. When the Central Electricity Regulatory Commission (CERC) introduced the Central Electricity Regulatory Commission (Power Market) Regulations, 2021 (PMR 2021), its...

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