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As new Patent Law looms, how are partial designs shaping the debate on infringement, 局部外观设计对于保护范围和侵权判断的影响, Chen Yuxuan and Li Mingtao, Yuanhe Partners

As Patent Law looms, how are partial designs shaping the debate on infringement

By Chen Yuxuan and Li Mingtao, Yuanhe Partners
The new Patent Law, which will come into force on 1 June 2021, provides new regulations on the term of design rights, content of those rights, and priority. The new law can be seen as legal preparations made during...
Jiangsu on song, 江苏正风发video

Jiangsu on song

A top economic performer among the provinces, Jiangsu is playing the right notes in eastern China's legal market with the establishment of a third circuit court and other specialised tribunals. Sha Miao reports As an integral part of the Yangtze...
Manjunath C has joined two-wheeler electric vehicle (EV) startup Ather Energy as its assistant general counsel in Bengaluru, and it may just have been a test spin on its new bike that sealed the deal for him.  He joins from...
Dear Friends, We are all devastated by the terrible distress and hardship unfolding on the streets of India. The current wave of covid-19 has reached a crisis point. Hospitals have run out of oxygen and life-saving medicines, and in many...
Hot on the heels of Indian firm Cyril Amarchand Mangaldas (CAM) opening an office in Singapore, another large firm, Khaitan & Co, has followed suit.  The law firm said the move had been in the works for some time. “Our...
How to implement preferred shares in LLCs, 如何在有限责任公司内实施“优先股”, 侯榆, 合伙人, 广信君达律师事务所

How to implement preferred shares in LLCs

By Hou Yu, ETR Law Firm
Based on article 132 of the 2005 Company Law, which stipulates that: “The State Council may make separate regulations on the issuance of other types of shares than those provided for in this law by companies”, the State Council...
Effectively serving litigation documents abroad by mail, 如何有效地向国外邮寄送达诉讼文书, Zhang Guanglei and Cai Xiaoxia, Jingtian & Gongcheng

Serving litigation documents abroad effectively

By Zhang Guanglei and Cai Xiaoxia, Jingtian & Gongcheng
The Civil Procedure Law and relevant judicial interpretations provide that litigation documents can be served to foreign countries through the way specified in treaties, by diplomatic channels, by embassy or consulate, by mail, by fax or e-mail, and by...
Role PE / M&A Lawyer Magic Circle Firm Hong Kong 3-6 PQE Location Hong Kong Job Description A Magic Circle firm is seeking a PE / M&A lawyer to join its office in Hong Kong. Candidates must have relevant experience at a top-tier international...
Terminating an employee and relevant payments in Hong Kong, 在香港解雇雇员及相关款项, Rossana Chu and Jacky Chan, LC Lawyers

Terminating an employee and relevant payments in Hong Kong

By Rossana Chu and Jacky Chan, LC Lawyers 
Despite the financial difficulties an employer may face amid the covid-19 pandemic, the employer should consider the following issues carefully when terminating any Hong Kong employment relationship with its staff.  Notice periods and ways in lieu of notice – Under...
ESG polices can unlock success in Chile, ESG提供中企投资智利新思路, Sergio Díez and Daniela Tapia, Cariola Díez Pérez-Cotapos

ESG policies can unlock success in Chile

By Sergio Díez and Daniela Tapia, Cariola Díez Pérez-Cotapos
Environmental, social and governance practice can provide a better path towards mitigating risks arising in traditional sectors for Chinese investors Chinese companies lured by the opportunities of the Chilean economy have often stumbled due to a lack of awareness of...
Baker McKenzie has advised a global smelting company, Korea Zinc, on its partnership with Spanish infrastructure company ACCIONA to develop a 923MW wind farm in the state of Queensland, Australia. Brisbane-based energy partner Tanya Denning led the team, with the...
DFDL has advised a consortium of lenders on local law requirements in Cambodia and Myanmar concerning Grab’s first senior secured term loan facility, based on commitments from international lenders. Southeast Asian unicorn Grab decided to upsize its term loan facility...
Holman Fenwick Willan (HFW) has advised a Manila-based consortium, the International Container Terminal Services Inc (ICTSI) Foundation, on a landmark public-private agreement to acquire 7 million covid-19 vaccines. The consortium, which comprises 300 Philippines-based private sector organisations, entered into a...
Linklaters advised Emirati multinational logistics company DP World on its joint venture with Indonesia’s conglomerate Maspion Group on the proposed development and operation of a US$1.2 billion international container port in Gresik, East Java. The firm also advised DP World...
Paul Hastings has advised Hanwha Solutions, a South Korean multinational renewable energy service provider, in its first overseas green bonds offer, worth CNY1 billion (US$153 million), in Hong Kong.  The team was led by Seoul-based corporate partner Kim Iksoo and...
Role Intellectual Property Director - CN175/VTA Location Shanghai, China Job Description A fantastic opportunity has arisen to join a promising start-up as the Intellectual Property Director to set up and take charge of the team in China to cover its expanding global operations. Working...
Role Legal Director - CN174/VTA Location Shanghai, China Job Description A notable tech-manufacturing start-up backed by premium corporate investors is looking for an experienced legal professional to work as their Legal Director to join their Shanghai headquarters. This is a proactive leadership role responsible...
TIGHT-TIMES---ANNUAL-SURVEY-OF-CHINESE-LAW-FIRM-BILLING-RATES,-精明筹算video

Tight times

Chinese law firms reveal their fees in our exclusive billing rates survey, shedding light on how reduced corporate budgets have affected the cost of legal services. Luna Jin reports China’s highly competitive legal sector remains a buyer’s market. On the...
Special Purpose Acquisition Companies (SPACs) are considered controversial entities – also known as blank cheque companies – that offer private businesses a fast-track procedure to go public, bypassing the traditional IPO process. It’s an investment vehicle that goes public...
Role Associate, Litigation/Disputes (3-6 PQE) - 16400/VTA Location Hong Kong, China Job Description With expansion on the cards throughout 2021, this world-renowned private client law firm is looking to enhance its litigation/dispute resolution practice by hiring a mid to senior-level associate based in their...
Role Junior International Arbitration Associate Beijing 1-2 Years Location Beijing Job Description A leading PRC law firm is actively looking for a junior international arbitration lawyer to join its Beijing office. Ideally, you will need to have obtained 1-2 years' prior experience in a...
Role Corporate Associate US Law Firm Singapore 2-4 PQE Location Singapore Job Description This top-tier U.S law firm is looking for a U.S admitted corporate associate with 2-4 years experience to join its US Corporate group in Singapore. Ideally, this candidate will have a...
Role US Mid-level Corporate Associate Shanghai 4-6 PQE Location Shanghai Job Description A top US law firm is actively looking for a mid-level corporate associate to join its Shanghai office. You will be focusing on a mix of PE/VC, financing and M&A transactions in...
Assessment of evidence in software copyright infringement cases, 证据规则在软件著作权侵权案件中的适用, Tim Meng and Dong Shi, GoldenGate Lawyers

Assessment of evidence in software copyright infringement

By Tim Meng and Dong Shi, GoldenGate Lawyers
In civil proceedings related to intellectual property cases, article 2 of the Supreme People’s Court’s Several Provisions on Evidence in Civil Procedures Involving Intellectual Property Rights explicitly stipulates that the parties shall adduce evidence to prove their claims. Specifically, in...
Learning-on-the-fly,-应对有方,-Fiona-Sun

Learning on the fly

Fiona Sun discusses her experiences navigating the pandemic as senior legal counsel of aviation giant Minsheng Financial Leasing. She talks to Lynn Zhang about the challenges faced in handling transactions and contracts, and the opportunities that can avail, even...
A good understanding of data privacy frameworks is crucial in Asia. While the laws in the region share similar elements, gaps remain as privacy compliance culture is relatively new and jurisdictions vary in their approaches. Here, experts spell out...
In back-to-back homecoming listings in Hong Kong, search engine operator Baidu and video streaming provider Bilibili raised HK$23.9 billion (US$3.1 billion) and HK$20.2 billion, respectively. While Baidu started trading on 23 March, Bilibili debuted six days later. The two listings...
Shihui Partners has hired 12 partners and promoted two lawyers Wang Xiaodong and Liang Zhao to double the size of its partnership as the boutique seeks to transform into a full-service outfit.  The firm’s Shanghai office added six partners from...
Asia Business Law Journal reveals Korea’s leading private practice lawyers. Lim Mi Ran reports View the A-List South Korea has been a rare success story in managing and controlling the covid-19 pandemic, which has otherwise ravaged economies and businesses worldwide....
Lexicon

Law reports

A fundamental principle underpinning the rule of law is that courts should provide written reasons for their decisions. This is important in all jurisdictions, including common law ones, where case law or judge-made law is a source of law....
Mergers and Acquisitions- PipeChina acquires Kunlun Energy stake; Yatsen acquires Eve Lom; C-Lab acquires Softhale

Mergers and Acquisitions

DLA Piper advised Kunlun Energy on the sale of its 60% equity interest in PetroChina Beijing Gas Pipeline and a 75% equity interest in PetroChina Dalian LNG to the China Oil & Gas Pipeline Network Corporation (PipeChina) for a...
Equity capital markets- Autohome, Tuya Smart and Zhihu

Equity capital markets

Autohome, an online platform for buying and selling cars, raised US$688 million in its secondary listing in Hong Kong on 15 March. Skadden, Han Kun Law Offices and Maples Group provided international, PRC and Cayman Islands legal advice, respectively, to...
Debt issuance- ADB issues panda bonds; Yuexiu REIT issues guaranteed notes; China Merchants Bank Financial Leasing issues bonds, 债务发行:亚开行;越秀房产基金;招银金融租赁

Debt issuances

Fangda Partners advised the Asian Development Bank on its RMB2 billion five-year panda bond sale on China’s interbank bond market, the largest Asian local currency borrowing in ADB’s history.  The issuance is the first panda bond sold by an international...
Recently in Manish Kumar v Union of India, the Supreme Court upheld the constitutional validity of all the provisos added to section 7(1) of the Insolvency and Bankruptcy Code, 2016(IBC), via the Insolvency and Bankruptcy Code (Amendment) Act, 2020. The...
Rule changes for priority compensation in construction projects, 建设工程优先受偿权案件裁判规则的变化, Zhang Miao and Gong Ming, Hylands Law Firm

Rule changes for priority compensation in construction

By Zhang Miao and Gong Ming, Hylands Law Firm
With the new judicial interpretation on construction projects now in effect, changes have also been introduced in other interpretations regarding such projects. So, what are the changes in the judicial rules that affect cases of priority compensation? The Interpretation of...
Patents or know-how protectionvideo

Patents or know-how protection? How to choose

By Dang Xiaolin, Sanyou Intellectual Property Agency 
When it comes to guarding technological achievements of research and development (R&D) teams, one frequently asked question is: which works best, patents or know-how protection? The usual and most direct response is to compare the similarities and differences, or advantages...
Prevention of risks and responsibilities of private investment fund custodians, 私募投资基金托管人责任边界与风险防范, Yang Guang and Xue Yuan, Lantai Partners

Prevention of risks and responsibilities of private investment fund custodians

By Yang Guang and Xue Yuan, Lantai Partners 
Fraud cases have flared up in the emerging private investment funds’ business in recent years. Private investment fund custodians often need to deal with questions from investors and even from regulators, and face the risks of reputational damage. This...
Hot on the heels of Cyril Amarchand Mangaldas (CAM) opening an office in Singapore, another large firm, Khaitan & Co, has followed suit.  The law firm said the move had been in the works for some time. “Our thought to have a...
Role Litigation & Arbitration International law firm Hong Kong 2-5PQE Location Hong Kong Job Description An international law firm seeks a mid-level litigation associate to join their team. This candidate will be working in a small team and work closely with the partner who...
Policing-the-internet

Policing the internet

Recently released guidelines giving the government power over social media and news portals are being challenged in court. Freny Patel asks experts whether the new rules are a case of overreach The release of “draconian” rules in the guise of...
Breaking through the ‘channel’ to protect investors, Li Xinqian and Ren Guobing, Jingtian & Gongcheng

Breaking through the ‘channel’ to protect investors

By Li Xinqian and Ren Guobing, Jingtian & Gongcheng
Shanghai Financial Court released its Top 10 Typical Cases of 2020 on 16 March 2021. The first case in the country in which a trust company acting as a “channel” – where the entrusted party merely serves as a...
Does Civil Code affect the labour contract

Does Civil Code affect the labour contract?

By Leo Yu and Li Qiangqiang, Jingtian & Gongcheng
With the Civil Code taking effect and being implemented,  it’s timely to consider the “general” and “specific” relationship between civil law and labour law as well as the principle of law application.  Labour law will be applied when there...
Spiking-the-debt-balloon

Spiking the debt balloon

India plans to set up a so-called bad bank to deflate a post-pandemic rise in non-performing assets and help lenders clean their balance sheets. Will this be the panacea the country’s troubled banking sector needs? Mithun Varkey reports The government...
Dibyajyoti Das of London Stock Exchange Group points to the critical first steps that in-house counsel should take in a new job The role of an in-house counsel has become an increasingly important one in corporate India across sectors and...
Role Corporate Associate (3-5 PQE) - 16395/VTA Location Beijing, China Job Description Our client, an international law firm with a strong presence in China, is looking for a mid to senior-level associate to join their well-established corporate team in Beijing. You will join one...
Role Associate, M&A PE (3-5 PQE) - 16394/VTA Location Shanghai, China Job Description A global elite law firm is looking to recruit a mid to senior-level lawyer to join its top-ranked M&A and private equity practice in Shanghai. You will act on a broad...
Abolishing IPAB: An own goal?

Abolishing IPAB: An own goal?

By Pravin Anand, Anand and Anand
Closing down the Intellectual Property Appellate Board may not align with the government's plan of promoting ease of doing business, writes Pravin Anand See also: IP practitioners warn of dire consequences as IPAB gets the chop With the passing, on 4...
IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop

Axed!

IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop. Gautam Kagalwala reports See also: Closing IPAB goes against plan to improve ease of doing business After nearly 20 years marked as much by setbacks as achievements, the...
Role Arbitration Lawyer UK law firm Hong Kong 3-4 PQE Location Hong Kong Job Description A leading UK law firm is hiring an associate for their arbitration team in Hong Kong. Excellent opportunity to work with leading partners in the field on large cross...
Role Legal Counsel Education provider Hong Kong 8-12 PQE Location Hong Kong Job Description A leading education provider is looking for a senior legal counsel to join their team, reporting directly to senior management. You will be responsible for providing legal advice on all...
Role Funds Legal Counsel Asset Manager Hong Kong 4-8 PQE Location Hong Kong Job Description Well-established Hong Kong-based asset manager is looking for a legal counsel to join its team. This role will focus on retail and pension-related products, so candidates should ideally have...
Zero rating scheme gets controversial revamp, Raghavan Ramabadran and Krithika Jaganathan, Lakshmikumaran & Sridharan

Zero rating scheme gets controversial revamp

By Raghavan Ramabadran and Krithika Jaganathan, Lakshmikumaran & Sridharan
The Finance Act, 2021, amended section 16 of the Integrated Goods and Services Tax Act, 2017 (IGST act). This article examines the reasons for the amendments and explores their impact. There are significant ramifications to extending the zero-rating scheme only...
Data privacy laws in Thailand, Veeranuch Thammavaranucupt and Thaya Uthayophas, Weerawong Chinnavat & Partners

Data privacy laws in Thailand

By Veeranuch Thammavaranucupt and Thaya Uthayophas, Weerawong Chinnavat & Partners
A good understanding of data privacy frameworks is crucial in Asia. while the laws in the region share similar elements, gaps remain as privacy compliance culture is relatively new and jurisdictions vary in their approaches. Here, experts spell out...
Data privacy laws in the Philippines, John Paul M Gaba, ACCRALAW

Data privacy laws in the Philippines

By John Paul M Gaba, ACCRALAW
A good understanding of data privacy frameworks is crucial in Asia. while the laws in the region share similar elements, gaps remain as privacy compliance culture is relatively new and jurisdictions vary in their approaches. Here, experts spell out...
Data privacy laws in Indonesia, Agus Ahadi Deradjat, Kevin Omar Sidharta and Mahiswara Timur, ABNR

Data privacy laws in Indonesia

By Agus Ahadi Deradjat, Kevin Omar Sidharta and Mahiswara Timur, ABNR
A good understanding of data privacy frameworks is crucial in Asia. while the laws in the region share similar elements, gaps remain as privacy compliance culture is relatively new and jurisdictions vary in their approaches. Here, experts spell out...
NCLT proper forum for power purchase agreement insolvency, Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

NCLT proper forum for power purchase agreement insolvency

By Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors
The Supreme Court has ruled that the National Company Law Tribunal (NCLT) has jurisdiction under the Insolvency and Bankruptcy Code, 2016 (IBC) in disputes involving Power Purchase Agreements (PPA). Gujarat Urja Vikas Nigam Limited (GUVNL), as permitted in the...
Guarantees will now better ensure payment of debts, Aditya Vikram Dua and Aniket Sawant, SNG & Partners

Guarantees will ensure better payment of debts for now

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners
It is a common practice for lenders to obtain guarantees for securing financial assistance granted to a borrower entity. The guarantor’s liability crystallises as soon as the borrower defaults on the debt. However, the provisions of the Insolvency and...
The Supreme Court decision last month that ended the four-year boardroom feud in the Tata-Mistry saga exposes the vulnerabilities of independent directors when they do not agree with promoters. While the 26 March verdict is seen as a win for...
Impact of US tech export controls on cross-border M&A, 美国技术出口管制对跨境并购交易的影响, Guan Gang, East & Concord Partners

Impact of US tech export controls on cross-border M&A

By Guan Gang, East & Concord Partners
Against the background of global economic integration and China’s “going global” strategy, the scale of overseas M&A by Chinese enterprises has been growing. With the rise of trade protectionism and the intensification of China-US trade frictions, the US has...
Legal risk control of contractors under the Civil Code,《民法典》规范下承包人的法律风险控制, Yu Peng and Yang Jie, DOCVIT Law Firm

Legal risk control of contractors under the Civil Code

By Yu Peng and Yang Jie, DOCVIT Law Firm
On 1 January 2021, China’s civil legal system formally entered the era of the Civil Code. The Civil Code and relevant judicial interpretations have optimised the original legal provisions on the construction industry by detailing the handling rules when...
The Regional Comprehensive Economic Partnership (RCEP) agreement was signed on 15 November 2020 by the 10 ASEAN countries along with Australia, China, Japan, New Zealand and South Korea, after almost a decade of negotiations. It is currently the largest...
Leading academic cadres holding shares in enterprises proposed for IPO, 高校及下属学院领导干部在拟IPO企业持股问题, Zhang Ming and Zhang Lixiu, Grandway Law Offices

Leading academic cadres holding shares in enterprises proposed for IPO

By Zhang Ming and Zhang Lixiu, Grandway Law Offices
Company A intends to apply for a listing on the Star Market, while its largest shareholder and actual controller, Zhang San, is the dean of the Oriental College of a western university directly under the Ministry of Education. So,...
Khaitan & Co advised colocation data centre provider Web Werks and its promoters when they agreed a joint venture with New York-listed Iron Mountain. Cyril Amarchand Mangaldas advised Iron Mountain. Under the deal  Iron Mountain will invest US$150 million over...
Shardul Amarchand Mangaldas & Co (SAM) advised Tata Consumer Products in its recent ₹1.56 billion (US$21.3 million) acquisition of Kottaram Agro Foods from shareholders that included Aavishkaar Bharat Fund and Bennett Coleman and Company. Trilegal advised Kottaram Agro Foods,...
Role Assistant Compliance Director - 16386/VTA Location Hong Kong, China Job Description Excellent opportunity for a qualified lawyer wanting to have a more balanced lifestyle in a stable work environment. Our client, a prestigious long-established professional body, is looking to recruit an Assistant Director...
Changes to directions on money markets are welcome

Changes to directions on money markets are welcome

By Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal
The Reserve Bank of India (RBI) introduced draft directions in December 2020 on call, notice and term money markets with “the objective of bringing consistency across products in terms of issuers, investors and other participants” and to “rationalize existing...
Government walks a tightrope in labour relations, Vijay Ravi, Kochhar & Co

Government walks a tightrope in labour relations

By Vijay Ravi, Kochhar & Co
The scales of justice reflect the challenges facing law-makers in the context of labour and employment laws. Balancing the interests of employers and employees is difficult. Many employment laws were enacted decades ago when businesses operated in very different...
IBC decides the fate of PPAs in insolvency, Abhirup Dasgupta and Bhawana Sharma, HSA Advocates

IBC decides the fate of PPAs in insolvency

By Abhirup Dasgupta and Bhawana Sharma, HSA Advocates
A power purchase agreement (PPA) is essential not only for the way a power project functions, but also for its very existence. There has, however, been significant uncertainty regarding the status of power generators undergoing insolvency proceedings, and their...
Sudipta Bhattacharjee has joined Khaitan & Co as a partner in the indirect tax practice at the firm’s New Delhi office. A partner in the New Delhi office at Advaita Legal since October 2016,  he began his career with...
Savani Gupte joined the Mumbai office of Samvad Partners as a partner with effect from 15 March. Gupte will strengthen the disputes practice in Mumbai for the firm both in arbitration and litigation. She worked at Khaitan & Co...
Ketan Mukhija has joined Link Legal India Law Services as a partner in the firm’s corporate commercial practice group in New Delhi. Mukhija joins from P&A Law Offices and brings along his team comprising associate partner Gaurav Priyadarshi, principal associate Amit...
Madhurima Mukherjee has become a partner at J Sagar Associates (JSA). She initially joined JSA as a part-time senior consultant in the capital markets practice in June 2020, following a stint as partner at AZB & Partners. “When I quit...
Madhumita Kothari has joined HSA Advocates as a partner in the firm’s dispute resolution practice in New Delhi. Kothari has worked both in-house as well as with law firms, and she has almost 23 years of experience in dispute...
Commercial perspectives on the Intermediary Rules, 2021, Manoj Kumar, Hammurabi & Solomon

Commercial perspectives on the Intermediary Rules, 2021

By Manoj Kumar, Hammurabi & Solomon
On 25 February 2021, the Ministry of Electronics and Information Technology in consultation with the Ministry of Information and Broadcasting (MIB) introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (rules). These replaced the Information...
Make in India- A reality through PLI scheme, Gautam Khurana, India Law Offices

Make in India: A reality through PLI scheme

By Gautam Khurana, India Law Offices
The Make in India policy of 2014 was the last of many attempts since 1991 to make India the centre of the global manufacturing supply chain. The government has now put that attempt right with the introduction of the...
Han Kun Law Offices has hired Yuan Liming as a partner in Shanghai from Jones Day. Yuan focuses on representing multinational companies in acquisitions and investments in China and China-based clients in acquisitions and investments overseas. He has advised on...
JunHe adds two partners, Wei Guangqin and Jay Zhu

JunHe adds two partners

JunHe has added two partners – Jay Zhu in Shanghai and Wei Guangqin in Hong Kong. Zhu mainly advises on dispute resolution, regulatory compliance, and competition matters. He specialises in complex financing dispute resolution. Wei concentrates his practice in corporate finance...
Paul Hastings has hired a corporate partner Jean Yu in Hong Kong to expand the firm’s global securities and capital markets practice. Yu focuses on capital markets offerings, mergers and acquisitions, compliance, and general corporate mandates, with experience advising on...
Liu Yiming has joined Cooley as a partner in the firm’s global capital markets practice. He specialises in M&A in sectors such as life sciences and technology. Before joining Cooley, Liu was a counsel at O’Melveny & Myers. Based in...
King & Wood Mallesons adds three partners Simon Meng, Elvis Hu and Wang Xin, 金杜新增三位合伙人孟生、胡耀华和王欣

KWM adds three partners

King & Wood Mallesons has added three partners in March: Simon Meng, Elvis Hu and Wang Xin. Meng focuses on cross-border M&A, new energy and semiconductors. He is experienced in M&A, project development and financing, international negotiation and risk control...
Linklaters has named Hong Kong-based partner Sim Hwang Hwa as its global head of capital markets for a four-year term. He will replace London partner Michael Voisin when his tenure finishes at the end of April.  Sim has been a...
E-commerce sales do not infringe DSE IPR, Manisha Singh and Simran Bhullar, LexOrbis

E-commerce sales do not infringe DSE IPR

By Manisha Singh and Simran Bhullar, LexOrbis
Direct selling entities (DSE) sell their products through distributors either by creating a multi-level seller network or by selling directly to the customer in a non-market environment. Lately, sellers have been listing such products on e-commerce platforms without the...
IPAB recognises the concept of transborder reputation, Manisha Singh and Simran Bhullar, LexOrbis

IPAB recognises the concept of transborder reputation

By Manisha Singh and Simran Bhullar, LexOrbis
Securing a trademark registration in a new territory presents challenges, especially from local competition. Globalisation has enabled brands to reach distant customers, but even globally recognised brands can face legal trouble if local companies try to eliminate competition by...
Adani Group has appointed PM Devaiah as its first group general counsel. Devaiah began work at the company’s Ahmedabad headquarters on 5 April, moving there from Bengaluru after 14 years at private equity major Everstone Capital, where he was...
B Sriram has joined Cyril Amarchand Mangaldas (CAM) as a senior adviser in the financial institutions group of the firm. He has more than 37 years of experience in all areas of banking and finance. Sriram was the managing director of...
Senior general counsel came together to launch the General Counsels’ Association of India (GCAI) at an event organised at Gurugram in March.  “The idea of GCAI was mooted a few years ago as a need was felt to institutionalise the...
K Satish Kumar has joined Chennai-based fintech company Intellect Design Arena as its senior vice president and group chief legal officer. He departs from Ramco Systems, a software services provider, where he had been global head of legal and chief...
Role Legal Director (10+ PQE) - 16383/VTA Location Hong Kong, China Job Description A global security and safety solutions provider is looking for a Legal Director to take on a key role in supporting the business in Greater China. You will be responsible for...
Role Senior/Manager, AML & Regulatory Compliance - 16384/VTA Location Shanghai, China Job Description Our client, a digital asset management leader, is seeking a diligent compliance manager to ensure compliance policies and standards are adhered to and implemented appropriately. You will be the key compliance...
Role Junior Corporate Lawyer Hong Kong NQ - 3PQE Location Hong Kong Job Description An international law firm is actively looking for a junior corporate associate with solid HK IPO experience in Hong Kong. Candidates who are currently a legal manager or a senior...
Role Corporate Trust Lawyer US Firm Hong Kong 1-3 PQE Location Hong Kong Job Description A reputable US firm is looking to add a junior-level corporate trust lawyer to its Hong Kong office. Candidates with experience either in corporate trust or DCM matters can...
Role Corporate Lawyer Offshore Firm Hong Kong All Levels Location Hong Kong Job Description A well-known offshore is seeking a corporate lawyer to join its Hong Kong office. Candidates must have relevant experience in corporate matters at an international firm. Candidates at all levels...
Role Corporate Lawyer Hong Kong 3-6 PQE Location Hong Kong Job Description A well-known international firm in Hong Kong is looking to add a mid-level corporate lawyer to join their team. You should he Hong Kong qualified and have 3-6 years of quality IPO...
Chinese system basis for opposing ‘anti-suit injunctions’ under English law, 反英国法“禁诉令”的制度依据, Yan Bing and Chen Lei, AnJie Law Firm

Chinese system basis for opposing ‘anti-suit injunctions’ under English law

By Yan Bing and Chen Lei, AnJie Law Firm 
Anti-suit injunctions are a tool used in the English legal system to protect arbitration in the country. Lawyers practising under English law have often applied for anti-suit injunctions on grounds that the arbitration clause in the voyage charter is...
How to meet the challenges in the medical representative 2.0 era, 如何应对医药代表2.0时代的挑战, Calvin Lee, Partner, AllBright Law Offices

How to meet the challenges in the medical representative 2.0 era

By Calvin Lee, AllBright Law Offices 
The Administrative Measures of Medical Representative Registration issued at the end of September 2020 after two rounds of soliciting public opinions  has aroused a heated discussion in the pharmaceutical industry. With the Administrative Measures of Medical Representative Registration (Trial)...
Once the world’s manufacturing hub, Japan is now a global financial powerhouse, and an investor of choice for countries across the world. It has been the world’s biggest source of foreign direct investment in the past three years, with...
Role Litigation Offshore law firm Hong Kong 4+ Years Location Hong Kong Job Description A leading offshore law firm is looking for a litigation associate for their growing team. Candidates should have at least 4 years experience in commercial litigation matters. Experience dealing with...
Role Mid-level Corporate Associate Hong Kong / Shenzhen 3-6 Years Location Hong Kong / Shenzhen Job Description A leading PRC law firm is looking to hire a mid-level corporate associate to join its Hong Kong or Shenzhen office. Ideally, you need to have obtained...
Role PRC Capital Markets Partner Shenzhen 8+ PQE Location Shenzhen Job Description A leading Chinese law firm is actively looking to add a PRC capital markets partner in Shenzhen office. Successful candidates need to be familiar with listings in the Greater Bay exchanges, and...
Role PRC Litigation Partner Shenzhen 8+ PQE Location Shenzhen Job Description A leading Chinese law firm is looking to hire a PRC litigation partner to join its Shenzhen office. Ideal candidate should have familiarity with the Greater Bay market together with a solid book...
Role Litigation Lawyer US law firm Hong Kong 3+ Years Location Hong Kong Job Description Top tier US law firm is looking to hire a mid-senior level associate for their disputes team in Hong Kong. Candidates should have at least 3 years experience from...
Role Litigation Associate Hong Kong 2+ PQE Location Hong Kong Job Description A strong international firm is looking for a junior to mid-level litigator to join its team in Hong Kong. The ideal person will have at least 2 years of post-qualification experience within...
In the 2021-22 budget speech, the financial secretary of the Government of the Hong Kong Special Administrative Region confirmed the intended timing for submission of a legislative proposal to allow foreign investment funds to re-domicile to Hong Kong for...
Victims of cyber fraud have been using vesting orders – a means of direct recovery for victims of fraud – to recover stolen funds from fraudsters and subsequent recipients. Often applied concurrently with a default judgment, a vesting order...
It has been generally acknowledged that contractual and infringement disputes relating to intellectual property (IP) are arbitrable in China. The arbitrability of IP ownership disputes is, however, not a simple yes or no issue. While copyright ownership could be...
The hospitality industry is an important subdivision of the commercial service sector. Modern hotel management, especially for large-scale multinational brands, adopts the transaction mode: owners provide funds and immovables, bear operating risks and benefits; operators are responsible for professional...
As China’s financial market continues to grow, transactions in the currency, capital, foreign exchange, gold and insurance arenas that relate to financing in both domestic and foreign currencies, and the assignment and sale of financial instruments and documents denominated...
Showcase-for-arbitrating-cross-border-IP-disputes

Showcase for arbitrating cross-border IP disputes

By Zhang Weiyu and Li Tingwei, SHIAC
In 2012, Japanese Company A and Chinese Company B signed four contracts, on the transference of technology, trademark, patent and the right to business operation, respectively. Under the four contracts, Company A agreed to transfer to Company B certain...
Data protection becomes a competition issue, Avinash Amarnath and Prachi Agarwal, Chandhiok & Mahajan

Data protection becomes a competition issue

By Avinash Amarnath and Prachi Agarwal, Chandhiok & Mahajan
Advances in technology and digitisation have led to an increasing focus on the collection and storage of personal data. The collection, storage and use of such data as customers’ contact details and search preferences may have increased the quality...
The Calcutta High Court in arbitration petition no. 199 of 2020 Bowlopedia Restaurants India Limited v Devyani International Limited decided on 21 January 2021 has laid down the law pertaining to the selection of forum by a party with...
Financial creditors that cease to be related parties in order to circumvent the exclusion under the Insolvency and Bankruptcy Code, 2016, should also be considered as being covered by the exclusion, according to a recent decision by the Supreme...
cover-image,-Compliance-challenges-for-foreign-investment-in-the-US

Compliance challenges for foreign investment in the US

By Jeffrey L Kessler, Eva W Cole and Heather P Lamberg, Winston & Strawn
While the US remains a top destination for foreign investment, certain laws and regulations create challenges for foreigners seeking to conduct business there. Failure to comply with these laws and regulations can lead to civil and criminal penalties, substantial...
cover-image,-Outbound-investment-strategies-into-the-US

Outbound investment strategies into the US

By I Bobby Majumder, Lynwood E Reinhardt and Brooke C Dorris, Reed Smith
The US remains a leading destination for foreign direct investment (FDI) in many forms, including providing additional capital to existing US operations, purchasing the entirety of a US company, forming a joint venture or any such combination.  Japan and other...
cover-image,-Regional-perspective-of-Senegal-and-Ivory-Coast

Regional perspective of Senegal and Ivory Coast

By Mouhamed Kebe, Mohamed A Dieng and Annick Kobenan, Geni & Kebe
Senegal and Ivory Coast belong to two major regional entities – the Economic Community of West African States (ECOWAS) and the West African Economic and Monetary Union (WAEMU). They are also members of the Organisation pour l'harmonisation en Afrique...
cover-image,-IP-immigration-and-regulations-for-foreign-innovators-in-Nigeria

IP, immigration and regulations for foreign innovators in Nigeria

By Afolasade Olowe, Yeye Nwidaa and Tolu Olaloye, Jackson Etti & Edu
Nigeria has recently reviewed and amended two principal laws regulating investments in the country: The Companies and Allied Matters Act 2020, which primarily regulates corporate entities, and the Finance Act 2021, which governs applicable taxes. A foreigner, individual or corporate,...
cover-image,-Legislation-incentives-to-invest-in-Nigeria

Legislation, incentives to invest in Nigeria

By Fidelis Adewole and Marian Asuenimhen, G Elias & Co
Nigeria is regarded as a viable and attractive destination for foreign investment, mainly because of its abundant mineral resources and large population. The country also has a plethora of legislation, platforms and incentives for foreign investments. This article discusses...
cover-image,-Investment-risks-and-opportunities-in-Angola

Investment risks and opportunities in Angola

By Catarina Levy Osório, João Francisco Cunha and Frederico de Távora Pedro, ALC Advogados
The decision to invest in a new market by a foreign investor is often framed by the pursuit of a predictable legal framework, which among other things respects the sanctity of contracts and facilitates a level playing field. Regardless...
cover-image,-Investment-opportunities-in-the-UAE

Investment opportunities in the UAE

By Rohit Kochhar and Anjuli Sivaramakrishnan, Kochhar & Co
The United Arab Emirates (UAE) is the second-largest economy in the Middle East. In the past two decades, it has emerged as the preferred destination for foreign investors to establish a presence to undertake business in the region. It...
cover-image,-Establishing-an-investment-fund-in-Israel

Establishing an investment fund in Israel

By Anat Shavit, Ron Lehmann and Ron Sitton, Fischer Behar Chen Well Orion & Co
Israel has encouraged and attracted inbound foreign investment for many years. Japanese investors in particular have shown increased interest and investment activity in Israeli companies, several of which have formed an Israeli corporate venture capital (CVC) fund. One of the...
cover-image,-Post-covid-challenges-for-labour-relations-in-Germany

Post-covid challenges for labour relations in Germany

By Burkard Göpfert, KLIEMT.Arbeitsrecht
Covid-19 has dramatically changed all aspects of labour relations globally. The German consensus model, as it has often been referred, seeks harmonious relations between regulatory bodies and affected parties, and has widely shown its long-term stability. But will it...

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