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A-comparison-of-updates-on-trademark-law-in-Taiwan,-Tsai-Lu-Fa,-Deep-&-Far

A comparison of updates on trademark law in Taiwan

By Tsai Lu-Fa, Deep & Far
Safeguarding trademarks presents real challenges amid the pandemic, with massive shifts to online trading, difficulties getting cases to court and physical enforcement challenges to name a few. As policymakers and regulators rush To adapt,...
A-comparison-of-updates-on-trademark-law-in-Philippines

A comparison of updates on trademark law in Philippines

By Editha R Hechanova, Noemi P Rivera and Joy Marie Gabor-Tolentino, Hechanova Group
Safeguarding trademarks presents real challenges amid the pandemic, with massive shifts to online trading, difficulties getting cases to court and physical enforcement challenges to name a few. As policymakers and regulators rush To adapt,...
A-comparison-of-updates-on-trademark-law-in-Japan,-Hirofumi-Tada,-Ohno-&-Partners

A comparison of updates on trademark law in Japan

By Hirofumi Tada, Ohno & Partners
Safeguarding trademarks presents real challenges amid the pandemic, with massive shifts to online trading, difficulties getting cases to court and physical enforcement challenges to name a few. As policymakers and regulators rush To adapt,...
A-comparison-of-updates-on-trademark-law-in-India,-Safir-Anand,-Anand-and-Anand

A comparison of updates on trademark law in India

By Safir Anand, Anand and Anand
Safeguarding trademarks presents real challenges amid the pandemic, with massive shifts to online trading, difficulties getting cases to court and physical enforcement challenges to name a few. As policymakers and regulators rush To adapt,...
Saraf and Partners announces partners joining from L&L, Mohit Saraf

Saraf reveals partners joining from L&L

Saraf and Partners has announced the names of its 20 partners, all of whom have joined from L&L Partners. Saraf and Partners was set up in July, in the wake of a dispute between Rajiv...
A comparison of updates on trademark law

A comparison of updates on trademark law

Safeguarding trademarks presents real challenges amid the pandemic, with massive shifts to online trading, difficulties getting cases to court and physical enforcement challenges to name a few. As policymakers and regulators rush to adapt,...
Impact of revised Copyright Law on music industry, 新修著作权法对音乐产业的影响, Cherry Guo, Tiantai Law Firm

Impact of revised Copyright Law on music industry

By Cherry Guo, Tiantai Law Firm
A decade of legislative effort to craft the new Copyright Law will see broadcasting rights expanded and provide new sources of revenue for music artists and producers  The third revision of the Copyright Law was...
International Monetary Fund

CALL FOR CANDIDATES IMF ADMINISTRATIVE TRIBUNAL

Role CALL FOR CANDIDATES IMF ADMINISTRATIVE TRIBUNAL Location Washington, DC Description The International Monetary Fund (the “Fund”) is seeking to fill two vacancies on its Administrative Tribunal (the “Tribunal”). The Tribunal is an independent judicial body, which hears and...
Lewis Sanders

Funds Lawyer | US Firm | Hong Kong

Role Funds Lawyer | US Firm | Hong Kong Location Hong Kong Job Description A US firm is seeking a funds lawyer to join its Hong Kong office. Candidates must have relevant private funds experience at another top international...
Finance expert returns to Cyril Amarchand Mangaldas (CAM)

Finance expert returns to CAM

Rutu Gandhi has rejoined Cyril Amarchand Mangaldas (CAM) as a partner in its financial regulatory practice in Mumbai. Gandhi returns to the firm after working briefly with Trilegal. Her areas of expertise include financial services...
Chandhiok & Mahajan, Khaitan & Co advise on India Glycols-Clariant JV

Chandhiok, Khaitan advise on India Glycols-Clariant JV

Chandhiok & Mahajan advised Swiss stock exchange-listed Clariant International when it established a joint venture with green chemicals manufacturer India Glycols. Khaitan & Co advised the BSE and NSE-listed India Glycols. The deal was signed...
Axiom Stone Solicitors merges with DWFM Beckman

Axiom Stone merges with DWFM Beckman

Axiom Stone Solicitors, a law firm that advises high net worth and other Indians in the UK, has merged with DWFM Beckman to form Axiom DWFM, which has a combined team of almost 150...
Lewis Sanders

Corporate Associate | Beijing | 3-4 Years

Role Corporate Associate | Beijing | 3-4 Years Location Beijing Job Description An international law firm is looking to hire a corporate associate into its Beijing office. In this role, you will focus on a mix of data privacy,...
Lewis Sanders

M&A/PE Associate | Beijing | 2-3 Years

Role M&A/PE Associate | Beijing | 2-3 Years Location Beijing Job Description An exciting M&A / PE opportunity with an international law firm in Beijing. In this role, you will work with leading partners in the field and gain...
Lewis Sanders

M&A Lawyer | International law firm | Hong Kong | NQ

Role M&A Lawyer | International law firm | Hong Kong | NQ Job Description A well-established international law firm is currently looking to add an NQ M&A lawyer to its corporate team in Hong Kong. Candidates must...
RBI puts freeze on Mastercard issuances

RBI puts freeze on Mastercard issuances

Mastercard’s failure to comply with the Reserve Bank of India’s (RBI) directive to store payment data in the country has left private sector banks including HDFC Bank, ICICI Bank, RBL Bank and Yes Bank,...
Taxes and the use of shareholding platforms for equity incentive schemes, 股权激励持股平台选择与税负承担, Li Weiming, Tiantai Law Firm

Taxes and the use of shareholding platforms for equity incentive schemes

By Li Weiming, Tiantai Law Firm
In the context of the digital economy and entrepreneurial wave, more and more companies are considering and putting into place equity-based incentives for employees. A sound equity-based incentive plan plays an important role in...
Key points for tech companies checking anti-monopoly compliance, 科技企业反垄断合规自查要点, Ye Han, Merits & Tree Law Officesvideo

Key points for tech companies checking anti-monopoly compliance

By Ye Han, Merits & Tree Law Offices
Since the end of 2020, the State Administration for Market Regulation (SAMR) has been focusing on the internet sector as a key area in its anti-monopoly law enforcement work, carrying out a series of...
Veritas Legal, Khaitan & Co advise on Aegis-Vopak JV

Veritas, Khaitan advise on Aegis-Vopak JV

Veritas Legal advised BSE and NSE-listed Aegis Logistics when it agreed on a ₹27.6 billion (USD 357.5 million) investment from Euronext Amsterdam-listed Royal Vopak towards the creation of a joint venture, Aegis Vopak Terminals,...
Do hybrid companies still exist

Do hybrid companies still exist?

By Anushri Uttarwar and Umang Pathak 
Private entities that are legally deemed to be public, yet permitted to retain private characteristics such as restrictions on share transferability, are called hybrid companies. In the Tata-Mistry dispute, the National Company Law Appellate...
Karnataka court clears way for CCI e-commerce probe

Karnataka court clears way for CCI e-commerce probe

By Hrishav Kumar and Harshil Vijayvargiya
On 11 June 2021, the Karnataka High Court dismissed Amazon and Flipkart’s writ petition challenging the Competition Commission of India’s (CCI) probe against the pair’s alleged anti-competitive business practices. On the basis of information...
India Business Law Journal

Making sense of markets

Jitters, uncertainty can move stock prices A superstar footballer moves two Coke bottles out of the spotlight during a press conference and replaces them with water, reportedly prompting a USD4 billion drop in Coca-Cola’s market value....
Two major defences in patent infringement cases, 专利侵权案件中的两种抗辩的适用, Chen Jianmin, Gaowo IP Law Firm

Two major defences in patent infringement cases

By Chen Jianmin, Gaowo IP Law Firm
Can a defendant use the ‘prior art defence’ and the ‘patent invalidation defence’ interchangeably? When the patentee files a patent infringement lawsuit against a defendant, the defendant often adopts a “prior art defence” or “patent...
New policy for verification on shareholders of domestic IPOs, 浅议境内首发上市企业股东核查新政, Wang Yan and Zhou Jian, Grandway Law Offices

New policy for verification on shareholders of domestic IPOs

By Wang Yan and Zhou Jian, Grandway Law Offices
On 5 February 2021, the China Securities Regulatory Commission (CSRC) issued the Guidelines for the Application of Regulatory Rules – Information Disclosure of Shareholders of Companies Applying for Initial Listing, while the Shanghai and...
legal tech

Lawyering 2.0

Technology adoption among established law firms has for ages been a snail-paced reform, but the global health crisis, pressures from clients and competition from younger firms and alternative legal service providers are forcing the...
Key changes to regulations on sale of WMPs, 理财产品销售新规重点变化, Ren Guobing and Wang Jin, Jingtian & Gongcheng

Key changes to regulations on sale of WMPs

By Ren Guobing and Wang Jin, Jingtian & Gongcheng
On 11 May 2021, China Banking and Insurance Regulatory Commission (CBIRC) issued the Provisional Measures for Sales Management of Wealth Management Products at Wealth Management Companies, to be effective from 27 June 2021. The...
Lewis Sanders

Legal Counsel | Commercial / Tech | Hong Kong | 8-12 PQE

Role Legal Counsel | Commercial / Tech | Hong Kong | 8-12 PQE Job Description Our client is a well-known initiative in the technology space and is looking to hire a senior lawyer to support the commercial...
Lewis Sanders

Corporate PSL | US Firm | Hong Kong

Role Corporate PSL | US Firm | Hong Kong Location Hong Kong Job Description Leading US firm is looking to hire a professional support lawyer for their Hong Kong corporate practice. You will work closely with all members of...
Lewis Sanders

Corporate M&A Lawyer | Int’l Firm | Hong Kong | 4-8 PQE

Role Corporate M&A Lawyer | Int'l Firm | Hong Kong | 4-8 PQE Location Hong Kong Job Description An international firm is seeking a mid to senior-level corporate M&A lawyer to join its Hong Kong office. Experience in re-organization...
Investor nationality planning in international investment arbitration, 国际投资仲裁中的投资人国籍筹划, Wang Jihong and Liu Ying, Zhong Lun Law Firm

Investor nationality planning in international investment arbitration

By Wang Jihong and Liu Ying, Zhong Lun Law Firm
International investment arbitration is undertaken to resolve disputes between a foreign investor and the investment destination country under a bilateral investment promotion and protection treaty (BIT) or the investment chapter of a free-trade treaty...
Interpreting anti-monopoly guidelines for internet industry, 互联网平台经济领域反垄断指南解读

Interpreting anti-monopoly guidelines for internet industry

By Zhan Hao, Song Ying and Zhu Libo, AnJie Law Firm
On 7 February 2021, the Anti-Monopoly Committee of the State Council issued the Anti-Monopoly Guidelines for the Platform Economy Sector, which provide detailed regulations and explanations on enforcement issues related to monopoly agreements, abuses...
SIAC Lim Seok Huivideo

Singapore’s secret recipe

The Singapore International Arbitration Centre (SIAC) was named the most preferred arbitral institution in the Asia-Pacific, and ranked second in the world, according to the 2021 International Arbitration Survey by Queen Mary University of...
SPACs- why PIPE investments play a key role, Lynwood Reinhardt and Brooke Dorris, Reed Smith

SPACs: Why PIPE investments play a key role

By Lynwood Reinhardt and Brooke Dorris, Reed Smith
Lynwood Reinhardt and Brooke Dorris examine the impact of private investment in public equity on de-SPAC transactions The SPAC, or special purpose acquisition company, is a resurgent spin on the relatively well-trodden concept of a...
Gender-in-justice,-India-Business-Law-Journal

Gender in justice

Senior women lawyers across Asia share their personal stories of success, strategy, struggle and loss, all towards a more inclusive legal profession. Putro Harnowo reports The legal profession has long been subject to criticism for...
Mila Federis

Kolin decision brings final relief to Philippine trademark confusion

By Mila Federis, Federis & Associates
Trademark lawyers in the Philippines, and presumably trademark authorities at the Intellectual Property Office of the Philippines (IPOPHIL), have been uneasy during the past five years about the result of a 2015 Supreme Court...
Lewis Sanders

FCPA Legal Consultant / International Associate | Shanghai | 0-3 Years

Role FCPA Legal Consultant / International Associate | Shanghai | 0-3 Years Location Shanghai Job Description A top US law firm is looking to add a junior FCPA lawyer in its Shanghai office. In this role, you will primarily...
Key issues and filing strategies for business operator concentrations, 经营者集中要点问题及申报策略, Huang Wei and Gao Chang, Tian Yuan Law Firm

Key issues and filing strategies for business operator concentrations

By Huang Wei, Gao Chang and Miao Roujia, Tian Yuan Law Firm
Recently, the State Administration for Market Regulation (SAMR) published 22 penalties against illegally implemented concentrations, being the third time this year that the regulator has published these kinds of cases in large volume. In...
Foreign liquidator assistance and common law in Bermuda, Keith Robinson and Emma Duffy, Carey Olsen

Foreign liquidator assistance and common law in Bermuda

By Keith Robinson and Emma Duffy, Carey Olsen
Foreign liquidators may apply for recognition in Bermuda pursuant to the common law by the application of the principles of comity The Supreme Court of Bermuda has clarified the rules for granting common law recognition...
Zoom John Miersvideo

Spinning your Zoom

Were your colleagues’ eyes glazing over at your last Zoom meeting? Do webinar audiences nod off before you’ve completed a sentence? Communications expert John Miers reveals tips and tricks for engaging and retaining your...
Common omissions in HK-listed companies’ annual reports, 在港上市公司年报中常见的披露遗漏, Rossana Chu and Lynndy Jia, LC Lawyers

Common omissions in HK-listed companies’ annual reports

By Rossana Chu and Lynndy Jia, LC Lawyers
Since 2009, the Hong Kong stock exchange (HKEX) has been reviewing annual report disclosures of listed companies. Covid-19 has added complications to annual report disclosure. In January 2021, the exchange issued a report on...
The law governing validity of foreign-related arbitration clauses, 涉外仲裁条款效力的准据法, Zhang Guanglei and Cai Xiaoxia, Jingtian & Gongcheng

The law governing validity of foreign-related arbitration clauses

By Zhang Guanglei and Cai Xiaoxia, Jingtian & Gongcheng
In foreign-related commercial disputes, a valid arbitration clause is the basis of arbitration jurisdiction and the precondition for the recognition and enforcement of the award. In reviewing the validity of clauses, the determination of...
Captive generation- APTEL breaks a few chains, Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors

Captive generation: APTEL breaks a few chains

By Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
Captive generation is the new battlefield between generators and distribution companies (DISCOM). While captive generation appeals to consumers and generators by providing a cheaper source of electricity, DISCOMs have resisted captive generation projects. This has...
Lockdown impact on travel, residency and finances, Gautam Khurana and Abhishek Hans, India Law Offices

Lockdown impact on travel, residency and finances

By Gautam Khurana and Abhishek Hans, India Law Offices
Working from home and in remote domestic and overseas locations was rare until 2020, when it became a way of life due to global pandemic lockdowns. While now a familiar situation, the law in India...
Lewis Sanders

Conflicts Lawyer | Int’l Firm | Hong Kong | 3+ Years

Role Conflicts Lawyer | Int'l Firm | Hong Kong | 3+ Years Location Hong Kong Job Description A well-known international firm is seeking a conflicts lawyer to join its Hong Kong office. Candidates must be at least 3PQE and...
Lewis Sanders

Legal Counsel | Asset Manager | Hong Kong | NQ – 2 Years

Role Legal Counsel | Asset Manager | Hong Kong | NQ - 2 Years Location Hong Kong Job Description Exclusive role: a boutique asset manager with strong presence in Asia seeks a junior Hong Kong qualified lawyer to join...
Lewis Sanders

Mid-Senior Construction Dispute Lawyer | Shanghai | 3-6 Years

Role Mid-Senior Construction Dispute Lawyer | Shanghai | 3-6 Years Location Shanghai Job Description An international law firm is urgently looking for a mid to senior level construction litigation lawyer to join its expanding team in Shanghai. The role...
Lewis Sanders

Junior to Mid-level Investigation / Compliance Associate | Shanghai / Beijing | 1-5 Years

Role Junior to Mid-level Investigation / Compliance Associate | Shanghai / Beijing | 1-5 Years Location Shanghai / Beijing Job Description A global law firm is urgently looking for an investigation lawyer to be based in Shanghai or Beijing....
Lewis Sanders

Corporate M&A Associate | Top Tier International Firm | Singapore | 5-8 PQE

Role Corporate M&A Associate | Top Tier International Firm | Singapore | 5-8 PQE Location Singapore Job Description This top tier international firm is looking to add a corporate M&A lawyer to its international team in Singapore. The candidate...
HK consultation on regulation of trust business, 香港完善信托业务监管的咨询文件

HK consultation on regulation of trust business

In July 2020, the Hong Kong Monetary Authority (HKMA) launched a consultation paper foreshadowing a Code of Practice for Trust Business. The code will contain general principles and practical standards to govern the conduct...
Proposed legislative reform for family trusts, 家族信托立法改革提议

Proposed legislative reform for family trusts

China’s high net worth individual (HNWI) population has significantly increased in the past decade, making family trusts an increasingly important tool for wealth management and succession planning. Despite the increasing need for family trusts,...
Mainland, HK agree framework for cross-border insolvency, 内地和香港达成跨境破产合作机制

Mainland, HK agree framework for cross-border insolvency

On 14 May 2021, the Supreme People’s Court (SPC) and the Hong Kong government agreed on a framework for judicial co-operation in corporate insolvency and debt restructuring. Under the framework: . A mainland bankruptcy administrator...
Lexicon

Ownership of trust property

The concept of a trust is often referred to as the most famous creature of equity – that body of law that has its unique roots in common law jurisdictions (for a discussion about...

India Business Law Journal – June 2021

Volume 14, Issue 10 Register for free or login to read the latest issue of India Business Law Journal in full, or subscribe to read all back issues and unlock a vast resource of legal...
Exploring IPOs on ChiNext board under registration system, 注册制下创业板IPO现状与展望 , Liu Yinhong, Wang Cheng and Zhang Ming, Jincheng Tongda & Nealvideo

Exploring IPOs on ChiNext board under registration system

By Liu Yinhong, Wang Cheng and Zhang Ming, Jincheng Tongda & Neal
After Shenzhen Stock Exchange (SZSE) issued a series of rules and notices on 12 June 2020 – such as the Rules Governing the Listing of Shares on the ChiNext Market of Shenzhen Stock Exchange,...

Regulating e-commerce: Do we see oversight or an overdose?

By Karan Chandhiok and Lagna Panda, Chandhiok & Mahajan
The Ministry of Consumer Affairs, Food and Public Distribution recently proposed amendments to the Consumer Protection (E-commerce) Rules, 2020 (rules). The rules came into force in 2020 and were framed under section 101(2)(zg) of the...
Commercial perspectives of the model tenancy law, Manoj Kumar, Hammurabi & Solomon Partners

Commercial perspectives of the model tenancy law

By Manoj Kumar, Hammurabi & Solomon Partners
With the objective of creating a uniform regulatory ecosystem in the rental housing market, the government recently approved the Model Tenancy Act, 2021 (MTA). The new law will act as a guide for states...
L&L Partners takes on competition expert

L&L takes on competition expert

Competition specialist Kunal Mehra has joined L&L Partners’ New Delhi office as a partner. Mehra joins from Dua Associates, where he was a partner for six years and focused on competition law and M&A. Mehra...
Alpha Partners inducts food, retail head

Alpha inducts food, retail head

Vikram Raj has joined Alpha Partners as a partner in Bengaluru, and will head its food and retail (regulatory and litigation) practice. Raj joins from Farm to Fork Solutions, where he was head of...
intermediary rules

The yes, no, maybe of 2021 intermediary rules

By Safir Anand, Anand and Anand
Online intermediaries have always been a topic of discussion in the developing Indian digital ecosystem and, quite naturally with the advent of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,...
Hughes-Castell

AVP, Capital Markets (5+ PQE) – 16536/VTA

Role AVP, Capital Markets (5+ PQE) - 16536/VTA Location Hong Kong, China Job Description Seeking a new career path that rewards differently than a traditional legal career? Our client is hiring driven and talented lawyers to become a part...
Hughes-Castell

VP, Corporate Finance (10+ PQE) – 16537/VTA

Role VP, Corporate Finance (10+ PQE) - 16537/VTA Location Hong Kong, China Job Description This is a rare and unique opportunity for senior lawyers with excellent leadership and communication skills to join a key financial institution in Hong Kong....
Lewis Sanders

Commercial Legal Counsel | Retail MNC | Hong Kong | 5-8 Years

Role Commercial Legal Counsel | Retail MNC | Hong Kong | 5-8 Years Location Hong Kong Job Description Our client is a well-known retail conglomerate, and it is looking for a mid to senior level legal counsel. This role...
Lewis Sanders

IP Senior Associate / Counsel | Top Tier International Firm | Hong Kong |...

Role IP Senior Associate / Counsel | Top Tier International Firm | Hong Kong | 5-10 PQE Location Hong Kong Job Description This top tier international firm is looking to add an IP senior associate or counsel to its...
philippines

International recognition of Philippine IP strategies

By Amanda Carlota, Federis & Associates
Last year saw a dramatic increase in reports of IP rights violations in the Philippines, with 90% of reported counterfeiting and piracy occurring online. In March of this year, it was a welcome development...
Can exclusivity be claimed for imaginative spelling

Can exclusivity be claimed for imaginative spelling?

By Aprajita Nigam and Aarushi Mishra, LexOrbis
In the recent case of PhonePe Private Limited v Ezy Services & Anr, the Delhi High Court ruled that the plaintiff could not claim exclusivity for a descriptive mark, or a descriptive part of...
Red Bull not amused by red horseplay, Manisha Singh and Malyashree Sridharan, LexOrbis 

Red Bull not amused by red horseplay

By Manisha Singh and Malyashree Sridharan, LexOrbis 
In the recent case of Red Bull AG v Bakewell Biscuits Pvt Ltd, the Delhi High Court granted an ad interim injunction to the plaintiff, the energy drink giant. The plaintiff had registered and...
Determining punitive damages in intellectual property cases, 知识产权案件中如何认定惩罚性赔偿, Chen Jian, Wan Rui Law Firm

Determining punitive damages in intellectual property cases

By Chen Jian, Wan Rui Law Firm
In the field of IP in China, the punitive damages system was first established by article 63 of the Trademark Law, in 2013. Subsequently, the 2019 amendments to the Trademark Law and the Law...
The risks of passing-off financial institution Apps, 冒用金融机构APP的法律责任, Lin Xianhai, AllBright Law Offices

The risks of passing-off financial institution Apps

By Lin Xianhai, AllBright Law Offices
Cases involving the passing-off of apps purporting to belong to financial institutions have been on the rise in recent years, with regulators and industry bodies having to issue alerts for consumers in 2018 and...
Impact of Shanghai and Hong Kong policies on where to list, 沪港两地政策对企业选择上市地的影响, Liu Yinhong, Lu Jiangxia and Yu Zheng, Jincheng Tongda & Neal

Impact of Shanghai and Hong Kong policies on where to list

By Liu Yinhong, Lu Jiangxia and Yu Zheng, Jincheng Tongda & Neal
China Securities Regulatory Commission chairman Yi Huiman told the recent Lujiazui Forum that the regulator had “always been open to enterprises’ choosing listing locations”. Companies may choose where to list independently, and based on...
Lewis Sanders

Capital Markets Legal Consultant | Top US Law Firm | Beijing | 1-3 Years

Role Capital Markets Legal Consultant | Top US Law Firm | Beijing | 1-3 Years Location Beijing Job Description A top US law firm is looking for a legal consultant for its capital markets team in Beijing. The ideal...
Hughes-Castell

Compliance Director – CN291/VTA

Role Compliance Director - CN291/VTA Location Shanghai, China Job Description Our client is a fast-growing biotechnology company seeking an experienced compliance professional to join their Shanghai office to support their expanding businesses over the region and worldwide. Report to...
Hughes-Castell

Head of Compliance – 16541/VTA

Role Head of Compliance - 16541/VTA Location Singapore Job Description Top Asian headquartered hedge fund seeks a Head of Compliance based in Singapore and managing a team covering APAC. Strong buy-side compliance experience required with requisite technical skills and...
Hughes-Castell

Legal Counsel (8+ PQE) – 16531/VTA

Role Legal Counsel (8+ PQE) - 16531/VTA Location Hong Kong, Singapore, or Shanghai Job Description Our client, a digital startup backed by a conglomerate group, is expanding its legal team by recruiting an experienced in-house Legal Counsel. You will...
Evidence collection in IP infringement cases, 知识产权侵权案件中的取证, Frank Liu, Shanghai Pacific Legal

Evidence collection in IP infringement cases

By Frank Liu, Shanghai Pacific Legal
As intellectual property infringement occurs, the IP rights holder is often eager to take action to stop the infringement and prevent further losses. Such eagerness and purpose of the IP right holder are completely...
Advantages of mediation in securities investment disputes, 运用调解化解证券投资相关纠纷, Jeffery Quan and Wu Zhenyu, ETR Law Firm

Advantages of mediation in securities investment disputes

By Jeffery Quan and Wu Zhenyu, ETR Law Firm
Losses on investments in wealth management products are a common source of disputes between investors and firms that deal in securities and futures. In recent years, securities investment dispute cases have shown explosive growth,...
Stabilising equity structure using shareholder removal mechanism, 运用股东除名制维护股权架构稳定, Guo Jiali and Cao Ye, East & Concord Partners

Stabilising equity structure using shareholder removal mechanism

By Guo Jiali and Cao Ye, East & Concord Partners
Equity is an effective means for shareholders to control a company, and a relatively concentrated equity structure is the basis for a company’s stability. M&A, however, will cause a significant change in the equity...
Looking east, Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law

New frontiers for arbitrations seated in Singapore

By Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law
Supreme Court judgment opens new frontier for Singapore-seated arbitration for Indian parties, write Sreenivasan Narayanan, Raja Bose and Rob Houston The Supreme Court’s landmark decision in PASL Wind Solutions Private Limited v GE Power Conversion...
Challenging-taboos

Challenging tabooze

A conversation with Anand Vijay Jha, a former regulator, who has switched sides to head public policy at United Breweries. He talks to Freny Patel about taking on the challenging task of changing the...
Jurisdiction, application of limited partners derivative arbitration, 有限合伙人派生仲裁的管辖与适用

Jurisdiction, application of limited partners derivative arbitration

When the legal rights and interests of partnerships are infringed, limited partners are entitled to initiate a derivative arbitration directly against a third party in their own name, based on the arbitration agreement made...
Joint tort action versus valid arbitration agreement, 共同侵权诉讼能排除有效仲裁协议吗?

Joint tort action versus valid arbitration agreement

Two pharmaceutical companies (company A and company B) entered into an authorisation agreement and a master service agreement, agreeing that both parties shall fulfil their confidentiality obligations. Article 22 of the master service agreement...
WhatsApp to close the shutters on privacy policy

WhatsApp shutters plan to enforce privacy update

Who would have imagined India, without a data privacy law, could make the Facebook-owned messaging service, WhatsApp, change its stance and adopt a more favourable approach to its privacy policy update? This is a...
IT-rules-put-Twitter-in-the-crosshairs

IT rules put Twitter in the crosshairs

Twitter found itself facing the government’s ire in June when the microblogging site failed to appoint local compliance officials as per the provisions of the Information Technology (Intermediary Guidelines) Rules, 2021, specific to “significant”...
Nirupam Lodha, Khaitan & Co gets partner in IP practice

Khaitan gets partner in IP practice

Nirupam Lodha has joined Khaitan & Co as a partner in the IP practice group at the firm’s New Delhi office. He joins from L&L Partners, where he spent 14 years.  Lodha has more than...
Cyril Amarchand Mangaldas hires GIFT City partner

CAM hires GIFT City partner

Ketaki Gor Mehta has joined Cyril Amarchand Mangaldas (CAM) at its office in GIFT City, which is the country’s first international financial services centre based in Gandhinagar, Gujarat state.  Mehta joins from Desai & Diwanji,...
Pankaj Monga, Lall & Sethi’s Singapore hire part of ‘grand plan’

Lall & Sethi’s Singapore hire part of ‘grand plan’

Pankaj Monga has joined Lall & Sethi as a partner based in Singapore to head the firm’s brand protection, risk management and strategy practice as the firm expands its footprint in the Asia-Pacific. “There are...
DSK Legal, AZB & Partners among advisers on British Council's IELTS sale

DSK, AZB among advisers on British Council’s IELTS sale

DSK Legal and Simmons & Simmons advised Australian Securities Exchange-listed IDP Education on its GBP130 million (USD179 million) acquisition of the British Council’s International English Language Testing System (IELTS) business in India. AZB &...
Dua Associates, Cyril Amarchand Mangaldas and Shardul Amarchand Mangaldas & Co advise Fourth Partner fundraise

Dua, CAM and SAM advise on Fourth Partner fundraise

Dua Associates advised Fourth Partner Energy when it recently raised USD125 million in equity funding from Norway’s development finance institution, Norfund, and an existing shareholder, The Rise Fund, which is one of seven PE...
Financial security in commercial bank auto supply chains, 商业银行汽车供应链金融担保效力问题, Yao Xiaomin and Wang Yao, Lantai Partners

Financial security in commercial bank auto supply chains 

By Yao Xiaomin and Wang Yao, Lantai Partners
Commercial banks help to finance the automobile supply chain through their funding of auto dealers to buy vehicles from manufacturers. They do this based on mortgaging/pledging of vehicles and the certificates of supervised vehicles,...
Hughes-Castell

Senior Legal Counsel, Capital Markets – 16539/VTA

Role Senior Legal Counsel, Capital Markets - 16539/VTA Location Hong Kong, China Job Description A Senior Legal Counsel is sought to support the capital markets practice and post-listing compliance issues of an Asia-based technology company on a base of...
Lewis Sanders

Listings Compliance Lawyer | US Firm | Hong Kong

Role Listings Compliance Lawyer | US Firm | Hong Kong Location Hong Kong Job Description A leading US firm is seeking a post-IPO Compliance lawyer in Hong Kong. Candidates must have relevant experience at a recognized firm. Chinese language...
Lewis Sanders

Junior HK IPO Associate | Beijing / Hong Kong | 1-3 PQE

Role Junior HK IPO Associate | Beijing / Hong Kong | 1-3 PQE Location Beijing / Hong Kong Job Description A top US law firm is actively looking for a junior HK IPO associate to join its Beijing or...
Lewis Sanders

US DCM Lawyer | Leading US Firm | Hong Kong | 4-6 Year

Role US DCM Lawyer | Leading US Firm | Hong Kong | 4-6 Year Location Hong Kong Job Description A top US firm is seeking a mid to senior-level US DCM lawyer to join its team. HK/UK-qualified lawyers with...
Lewis Sanders

Employment | Hong Kong | 2-4 PQE

Role Employment | Hong Kong | 2-4 PQE Location Hong Kong Job Description Leading international firm is looking to hire a junior employment associate to support their growing team. You will have the opportunity to work across a wide...
Lewis Sanders

M&A / PE Lawyer | Top-tier law firm | Hong Kong | 3-6 PQE

Role M&A / PE Lawyer | Top-tier law firm | Hong Kong | 3-6 PQE Location Hong Kong Job Description A top-tier law firm seeks a top-quality corporate lawyer with solid M&A/Private equity experience to join its expanding corporate...
Lewis Sanders

Mid-level Power and Infrastructure Associate | Hong Kong

Role Mid-level Power and Infrastructure Associate | Hong Kong Location Hong Kong Job Description A leading PRC firm in Hong Kong is looking for a mid-level power and infrastructure lawyer to join them. Work will include outbound investment and...
Downstream investments by NRIs are not foreign investments, Shinoj Koshy and Purvi Khanna, L&L Partners

Downstream investments by NRIs are not foreign investments

By Shinoj Koshy and Purvi Khanna, L&L Partners
Investments by non-resident Indians (NRI) in Indian entities, that is companies or LLPs, on a non-repatriation basis are deemed to be domestic investments and treated equally with investments by residents. However, the Foreign Direct...
ACC

ACC HK appoints 4 new directors

The Association of Corporate Counsel (ACC) Hong Kong has appointed four new directors to its board following the ACC HK Annual General Meeting on 24 June. The new directors assumed their new roles immediately. The...

TechLaw.Fest 2021

TechLaw.Fest 2021 returns from September 22 to 24 in a hybrid format. Once again, the world’s leading law and tech conference will discuss and deliberate developments and innovations in the law of technology and...
IC Universal Legal advises Nobel Hygiene investment round

IC Universal advises on Nobel Hygiene investment round

IC Universal Legal advised domestic venture fund Sixth Sense Ventures when it invested in Nobel Hygiene, a manufacturer of disposable hygiene products, as part of a INR4.5 billion (US$60.2 million) round of investment that...
Jerome Merchant, Algo Legal advise on Kutumb fundraise

Jerome Merchant, Algo Legal advise on Kutumb fundraise

Jerome Merchant + Partners advised Sequoia Capital India in its INR750 million (USD10 million) investment in networking app Kutumb, owned by Primetrace Technologies. The investment was part of a INR2.07 billion investment led by Tiger...
Key differences in China’s mixed-ownership SOE models, 国企“员工持股”与“跟投机制”的比较分析, Wang Yu and Wan Ying, AnJie Law Firm

Key differences in China’s mixed-ownership SOE models

By Wang Yu and Wan Ying, AnJie Law Firm 
The government’s policy of introducing so-called mixed-ownership of state-owned enterprises is typically accomplished with two medium-to-long-term incentive models – “employee stock ownership plans” and/or the “co-investment mechanism”. This article explores the similarities and differences...
L&L Partners assists restructure of Shapoorji Pallonji debt

L&L Partners assists restructure of Shapoorji Pallonji debt

L&L Partners advised State Bank of India in a one-time restructuring of outstanding loans of about INR200 billion (USD2.69 billion) of Shapoorji Pallonji & Company. Desai & Diwanji advised Shapoorji Pallonji & Company, which...
Lewis Sanders

Mid-level US Litigation Associate | Shanghai / Hong Kong | 3-6 PQE

Role Mid-level US Litigation Associate | Shanghai / Hong Kong | 3-6 PQE Location Shanghai Job Description A top US law firm is looking to hire a mid-level US litigation lawyer to be based in Shanghai or Hong Kong....
Lewis Sanders

HK IPO Associate | Shanghai | 2-5 Years

Role HK IPO Associate | Shanghai | 2-5 Years Location Shanghai Job Description An international law firm is actively looking to hire a HK IPO associate in its expanding team in Shanghai. The role will work closely with its...
Hughes-Castell

FCPA Associate (NQ-3 PQE) – 16535/VTA

Role FCPA Associate (NQ-3 PQE) - 16535/VTA Location Singapore Job Description This AmLaw 100 firm is looking for a FCPA specialist fluent in Japanese or Korean to join their Asian compliance practice, who can based in Singapore or Hong...
Retirement ages in Beijing and Shanghai, 京沪两地退休年龄问题, Tracy Liu, Jingtian & Gongcheng

Retirement ages in Beijing and Shanghai

By Tracy Liu, Jingtian & Gongcheng
Under the Implementing Regulations for the Employment Contract Law, when a worker reaches the statutory retirement age, the employer has the right to end his or her employment contract without payment of severance. In...
Lewis Sanders

TMT / IP Associate | International Firm | Hong Kong | 3-7 PQE

Role TMT / IP Associate | International Firm | Hong Kong | 3-7 PQE Location Hong Kong Job Description An international firm is looking to add a Belgian, French or Dutch qualified TMT / IP associate in either its...
Hughes-Castell

Knowledge Lawyer, M&A (3+ PQE) – 16533/VTA

Role Knowledge Lawyer, M&A (3+ PQE) - 16533/VTA Location Hong Kong, China Job Description Our client, an international law firm with a strong presence in the region, is currently seeking an experienced Knowledge Lawyer to support their expanding transactional...
The ‘waiting sealing-up’ system explained, Wang Yong and Luan Jia, DOCVIT Law Firm, 王勇、栾佳,道可特律师事务所

The ‘waiting sealing-up’ system explained

By Wang Yong and Luan Jia, DOCVIT Law Firm
To safeguard their interests in the enforcement process, creditors would normally take interim measures to preserve their assets before or during litigation. In order to further optimise the enforcement procedure, the “waiting sealing-up” system...
Philippines tax reform for export-oriented enterprises, Eric Recalde, ACCRALAW 

Philippines tax reform for export-oriented enterprises

By Eric Recalde, ACCRALAW 
Value-added tax (VAT) is only imposed if the goods or services are “destined” for local consumption. There is no VAT when they are for consumption abroad. The system in the Philippines follows the so-called...

Regulatory regime for private funds in Cayman Islands

By Gary Smith, Loeb Smith Attorneys
The Private Funds Act, 2020, requires the registration of closed-ended funds with the Cayman Islands Monetary Authority (CIMA). Mutual funds (e.g., hedge funds) are not caught by this law, and continue to be regulated...
Anand Verma joins TLT in London

Verma joins TLT in London

Anand Verma has left IndusLaw to join UK law firm TLT in London as a foreign qualified lawyer on its India desk. Verma was a senior associate at IndusLaw in Mumbai and worked there for...
From left to right - Thriyambak Kannan, Rohan Cherian and Renu Gopalakrishnan

Assentio legal merges with Khaitan & Co

Khaitan & Co has expanded its presence in South India by merging with boutique law firm Assentio Legal, which has offices in Chennai and Bengaluru. The merger becomes effective on 1 July 2021, from when...
Co-head of Slaughter & May’s India practice retires, Nilufer von Bismarck

Co-head of Slaughter & May’s India practice retires

Nilufer von Bismarck, partner and co-head of the India practice at Slaughter & May in London, has retired after 31 years at the firm. Bismarck now serves as independent non-executive director at UK financial services...
news brief

News in Brief

HK’s first FANG+ ETF Simmons & Simmons advised Samsung Asset Management Hong Kong on the launch of the Samsung NYSE FANG+ exchange-traded fund (ETF) in May. It is the first FANG+ ETF to be listed...
Hughes-Castell

Associate, M&A (3-4 PQE) – 16526/VTA

Role Associate, M&A (3-4 PQE) - 16526/VTA Location Shanghai, China Job Description This is an excellent opportunity to join one of the most respected M&A teams in the Greater China region. You will have access to high-profile, complex cross-border...
Hughes-Castell

M&A Partner (7+ PQE) – 16527/VTA

Role M&A Partner (7+ PQE) - 16527/VTA Location Shanghai, China Job Description Are you a junior Corporate M&A Partner looking for a new challenge at an AmLaw 100 firm? A highly regarded US international law firm has an opportunity...
IBC and exclusions from committee of creditors 

IBC and exclusions from committee of creditors 

During the corporate insolvency resolution process (CIRP), the committee of creditors (COC) is the de facto board of the defaulting company. The COC is constituted after collating all the claims on the debtor, and...
Will PLIs give Japanese manufacturing a boost in India, Pradeep Ratnam, Kochhar & Co

Will PLIs give Japanese manufacturing a boost in India?

By Pradeep Ratnam, Kochhar & Co
Japan has a history of investment and joint ventures in India. Foreign direct investment from Japan increased to USD35 billion between 2000-2020, with USD10 billion worth of inbound mergers and acquisitions in 2015-2020 alone....
How blockchain enhances efficiency in trade finance, Devyani Dhawan and Shivendra Shukla, SNG & Partners

How blockchain enhances efficiency in trade finance

By Devyani Dhawan and Shivendra Shukla, SNG & Partners
Some Indian banks have formed the “Indian Banks’ Blockchain Infrastructure Company” (IBBIC), aiming to use blockchain technology for processing letters of credit (LC) in domestic transactions. The IBBIC is a world first in domestic...