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IATA’s conduct not anti-competitive
Cyril Amarchand Mangaldas advised the International Air Transport Association (IATA) and IATA India when the Competition Commission of India (CCI) recently passed an order clearing them of anti-competitive conduct. The informant in the case,...
Bharti Airtel issues 10-year bonds
Allen & Overy advised Bharti Airtel on US law when it recently raised US$1 billion through a 10-year bond issue to international investors under Rule 144A. The lead managers were advised by Skadden Arps...
Mitsubishi buys out JV partner
Trilegal represented Mitsubishi Group when it bought the entire equity stake of Dubai-based ETA Ascon Holding in Mitsubishi Elevator ETA India. ETA Ascon Holding was advised by Clyde & Co’s Dubai office.
New Delhi-based partner...
Vodafone exits Bharti Airtel
S&R Associates represented Vodafone Group when it sold its stake in Bharti Airtel to conform to regulatory requirements. Shares of Bharti Infotel which represented a 4.2% interest in Bharti Airtel were sold to Bharti...
Tata sells DIESL to TVS Logistics
Bhavi Sanghvi, a corporate and M&A partner at AZB & Partners, advised TVS Logistics Services when it signed an agreement to acquire 100% of the share capital of Drive India Enterprise Solutions (DIESL), a...
Vinçotte buysinto Geecy
BMR Legal assisted Belgium-based Vinçotte International when it acquired a majority stake in Geecy Industrial Services. Vinçotte provides safety, quality and sustainability solutions for companies and their environment, and Mumbai-based Geecy provides non-destructive testing...
Zuari wins control of UB Group unit
Shardul Amarchand Mangaldas & Co advised Zuari Fertilisers & Chemicals and Zuari Agro Chemicals when it completed its second open offer for Mangalore Chemicals & Fertilizers (MCFL), which was part of the UB Group. The firm has been advising the...
GCs enjoy sun, surf and lively debate
Fifty heads of in-house legal teams participated in a retreat from 30 April to 3 May organized by the Indian Corporate Counsel Association (ICCA). They included Nasser Kabir, general counsel of ReNew Power, Sormistha...
Dhir & Dhir CEO stands down
Manju Mohotra, the CEO of Dhir & Dhir, has resigned after three years at the firm.
“I think I have earned it,” Mohotra told India Business Law Journal. “Over 30 years of working, almost without...
India specialist for BakerHostetler
Rajiv Khanna, a New York-based lawyer with an interest in India, has recently joined BakerHostetler as a partner in its New York office. Khanna told India Business Law Journal that he has been doing...
Agarwal Jetley adds an associate partner
Priyabrat Tripathy, who was an in-house lawyer at Isolux Corsan India Engineering & Construction and before that at Delhi International Airport, has joined Agarwal Jetley & Co as an associate partner.
Agarwal Jetley & Co...
Khaitan & Co hires HR head
Amar Sinhji, a former group head of human resources (HR) at Tata Capital, recently joined Khaitan & Co as an executive director and is to head HR at the firm. Sinhji, who spent 15...
Mumbai lawyer moves in-house
Madhumita Ghosh, formerly an associate at Wadia Ghandy & Co in Mumbai, has moved in-house to Phoenix Mills. As senior manager legal, Ghosh is part of a 10-member legal team headed by senior vice...
JSA and Verus lose key partners
Akshay Chudasama, a Mumbai-based partner at J Sagar Associates, moved to Shardul Amarchand Mangaldas & Co (SAM) on 1 June, to be the firm’s managing partner in Mumbai. A team of 18 lawyers who...
Inttl Advocare opens in Mumbai
New Delhi-based intellectual property boutique Inttl Advocare, headed by Hemant Singh, has opened an office in Mumbai. The office is headed by Mohan Vegulaparanan, who recently joined the firm. Vegulaparanan, who has over 30...
L&S shifts team to new Gurgaon office
Moving further on from its origins as a specialist tax and litigation practice, New Delhi-based Lakshmikumaran & Sridharan (L&S) opened an office in Gurgaon on 18 May – its fourth in the national capital...
SNG sets up shop in Qatar’s capital
SNG & Partners has expanded its presence outside India by opening International Law Chambers at the Qatar Financial Centre in Doha on 1 June.
The operation currently has three lawyers: a local lawyer and two...
Zara beats restaurant in trademark battle
Delhi High Court has granted an interim injunction against a restaurant group, Oriental Cuisines, holding that the group had “dishonestly and fraudulently” adopted Zara Tapas Bar as the name of its Spanish restaurant. Justice...
A pertinent discussion
Dear Editor,
I read the article on media coverage impinging on the judicial process (Trial and error) in the May issue of India Business Law Journal with interest. The article is both comprehensive and pertinent....
Debt subordination
In today’s world of finance, it is common to hear reference to subordinated debt, particularly in the context of capital-raisings by banks when they issue subordinated bonds.
The English verb “to subordinate” means to treat...
Swiss banking secrecy: Myth or reality?
We are often asked by Chinese clients and contacts what Swiss banking secrecy means exactly and whether it still applies.
Misleading term
The term itself is misleading as banking secrecy is protecting the privacy of the...
Comparison of new rules regulating Chinese companies’ outbound investment
Recently the Chinese government has shown an increasing tendency to relax restrictions on, and encourage the expansion of, outbound investment by PRC enterprises. In addition to the Ministry of Commerce (MOFCOM) promulgating a new...
Breach of trust a useful tool for businesses in the UAE
The United Arab Emirates (UAE) has a population of almost 10 million, of which around 90% are expatriate workers. Although the consistent sunny weather and relatively relaxed environment are attractive, these are in reality...
Multiple routes available to protect IP of mobile apps
In today’s world, there is nothing which one cannot do with one’s mobile phone and the wide and creative array of mobile applications (apps) available. With everything only a click or swipe away, they...
Guiding case a special example on time limits for foreign arbitral award enforcement
On 18 December 2014, the Supreme People’s Court (SPC) released guiding case no. 37, “A case on the reconsideration on the enforcement of an arbitral award: Shanghai Jwell Machinery Co v Retech Aktiengesellschaft”.
While the...
Protection of national dominion over rural land ownership, possession and holding
As we mentioned in previous issues, we shall discuss the regulation on land purchases by foreign persons in Argentina.
Land purchases by foreign persons are limited to 15% of all national territory. Foreign natural and...
A retrospective of the restructuring of Shanghai Lian Hua Fibre
One evening in May, the author was contemplating Chang’an Ave from his Beijing office, whereupon his thoughts drifted to the unforgettable case of Shanghai Lian Hua Fibre Corporation’s (LH Fibre) restructuring and acquisition in...
More industries open to foreign investors under new catalogue
The 2015 revision of the Catalogue of Industries for Guiding Foreign Investment took effect 10 April. Formulated by the National Development and Reform Commission and Ministry of Commerce (MOFCOM), the catalogue supersedes an earlier...
New Third Board oversight of connected transactions and horizontal competition
Activity on the New Third Board has continued to warm to its current red-hot state since 2014. This is due to the board expanding country-wide, the transaction settlement system going online, and the implementation...
Can marks on OEM goods infringe domestic trademarks?
Does the use of marks on original equipment manufacturer (OEM) goods made for foreign purchasing companies that are similar or identical to Chinese registered trademarks constitute trademark infringement?
Prior to the new Trademark Law taking...
Supreme People’s Court gives clear legal prescription for trademark squatting
Reining in bad-faith trademark filing, or trademark squatting, is one of the stand-out features of the third revision of the Trademark Law that took effect 1 May 2014. In the year since the law...
What does the manufacture of an identical product in prior user rights mean?
Patent prior user rights are provided under article 69 of the Patent Law. Pursuant to this provision, it is not deemed to be patent infringement when a party had manufactured an identical product prior...
Changes in forex compliance relating to FDI and ODI
On 28 February, the State Administration of Foreign Exchange (SAFE) issued the Notice on Further Simplifying and Improving Administrative Policies on the Direct Investment of Foreign Exchange (Forex Notice) and its complementary Guidelines for...
M&A in Switzerland
As a rule, Chinese investors have all possible options of mergers and acquisitions in Switzerland. The acquisition of Swiss companies by foreigners is not restricted, however, the acquisition of a controlling stake by foreigners...
Gateway to experience
Chinese outbound investment into the developed economies of Europe hit record heights in the past year, spurred by amiable investment communities, valued properties and advanced know-how, writes Alainna Wrigley
Society and business pages alike erupted in...
Private equity advantageous in addressing Chinese investor outbound M&A challenges
In recent years, the international business community has witnessed a steady increase in outbound investment by Chinese companies into a wide array of industries and sectors worldwide. China has now shifted from an export-led...
Exempted limited partnerships bolster Caymans’ prominence for PE and VC funds
The Cayman Islands have long been the most prominent offshore jurisdiction through which to structure offshore private equity (PE) and venture capital (VC) funds.
For international managers, sponsors and investors, the attractions of the Cayman...
Issues to note amid wave of VIE dismantling to return as A-shares
Since the fourth quarter of 2014, restructurings involving the dismantling by Chinese companies of their VIE structures that they had originally erected to secure offshore financing have been occurring on a large scale. Certain...
Investors beware
The bustling Chinese private equity markets can bring great returns, yet, Leo Long writes, investors should be wary to avoid getting entangled in the legal and regulatory web when seeking out these alluring opportunities.
Private equity (PE)...
Precaution needed with liquidation preference
Concerns from private equity (PE) investors on the recently launched National Equity Exchange Quotation, or the New Third Board, about their exit returns have been largely relieved as the board sets no threshold on...
CIETAC evidentiary rules suit Chinese practice
The China International Economic and Trade Arbitration Commission’s (CIETAC) new Evidence Guidelines took effect 1 March. The guidelines looked to the International Bar Association’s (IBA) Rules on the Taking of Evidence in International Arbitration,...
Did Newman shift the ground for tippee liability?
ADecember 2014 decision of the US Second Circuit Court of Appeals in US v Newman has reignited the debate as to when to impose liability on a tippee for insider dealing. In this article,...
Regulations enhance occupational hazard prevention in workplace
The State Administration of Work Safety issued the Eight-point Regulations on the Prevention of Occupational Diseases and Hazard by Employers on 23 March. The regulations aim to further hinder and address occupational diseases and...
Pay wages and social insurance to forge harmonious labour relations
The Central Committee of the Communist Party and the State Council jointly issued an Opinion on the Construction of Harmonious Labour Relations on 21 March.
The opinion reinforces that senior leadership are placing more focus...
Service inventions a key IP concern in upcoming patent legislation
The State Council Legislative Affairs Office published drafts of the amended Patent Law and the new Regulation on Service Inventions for public input in April.
It is now more crucial than ever for companies to...
Sino-Canadian social security agreement may ease contribution burdens
China and Canada signed an Agreement on Social Security on 2 April in Ottawa, Canada. The agreement is expected to result in savings for employees relocating between the two countries, as well as their...
Huashang-BLB alliance caters to soaring China-Europe business
China’s Guangdong Huashang Law Firm and Italy’s BLB Law Firm recently signed an alliance agreement in Shenzhen in response to the soaring bilateral investment between China and Europe.
“We have been very interested in southern...
AllBright partners Stevenson Wong to grasp Qianhai chances
Momentum seems to be building up for law firms crossing the mainland border to create joint operations, and Shenzhen witnessed a recent case in its Qianhai zone.
The Shanghai-headquartered AllBright Law Offices and the Hong...
YangTze Law sets new pattern for Chinese legal presence abroad
A wholly Chinese-owned law firm was recently set up in London, making it the first of its kind in the UK, and its special structure could pave a new way for Chinese lawyers to...
Baozun’s Nasdaq IPO attests to China’s e-commerce success
Baozun’s listing on Nasdaq and its US$110 million initial public offering have revealed how powerfully China’s e-commerce platforms are spurring the growth of participants in their eco-systems, said the legal counsel involved.
“This IPO shows...
FSDC: HK should capitalize on mainland companies Going Global
In a report released on 30 April, Hong Kong’s Financial Services Development Council (FSDC) recommended a number of policies, including corporate tax measures and simplified regulatory requirements, to increase Hong Kong’s competitiveness as mainland...
New mainland-HK scheme boosts dynamics in fund markets
Securities regulators from the mainland and Hong Kong recently signed a memorandum on the mutual recognition of funds between the two jurisdictions, which may lay the foundation for similar arrangements with other markets in...
Caution pays
June is the month of exams in China, with millions of high school graduates striving to minimize imprudent mistakes on their university entrance examination answer sheets. Investors face a parallel situation – one careless...
Looking beyond the big names
50+ small and mid-size Indian law firms you should know about. By Rebecca Abraham
As any in-house lawyer will know, hiring an external legal adviser in India is often more about finding a lawyer who can...
Trial and error
Can the media ever dissect a criminal case without interfering with the judicial process? Amit Vyas examines the issues at stake
Freedom of the media is an integral part of freedom of expression and an essential...
Heading for cover
Are Indian law firms warming to the idea of paying for professional indemnity insurance? Rebecca Abraham reports
The writing on the wall is clear and there appears to be little doubt that international law firms...
A view from the south
Mysore Prasanna reflects on a changed Bangalore, the pursuit of learning and the realities of investing in India
There has been a sea change in what Bangalore was when I left in 1991 and what...
A route worth considering
Videocon d2h’s recent listing on the Nasdaq provides useful lessons. Ashok Lalwani and Kyle Pilkington explain
In December 2014, a new scheme became effective allowing unlisted Indian companies to list depository receipts on offshore exchanges...
A smooth ride
VRL Logistics steered successfully down the IPO route last month. Other companies are eyeing fundraising opportunities, but will they race ahead or hit regulatory roadblocks? Vandana Chatlani reports
In 1976, Vijay Sankeshwar set up a small...
One step forward two steps back?
Corporate activity is on the increase yet uncertainty persists
The Competition Commission of India is one among several agencies that are seeing evidence of an uptick in corporate activity. Ashok Chawla, the chairman of India’s...
Delhi High Court rules on marketing intangibles
Delhi High Court delivered a much awaited judgment on the transfer pricing implications of advertisement, marketing and sales promotion (AMP) expenses on 16 March. The judgment ushers in clarity on the issue, to resolve...
Bank units in international finance centres welcome
The establishment of “international finance centres” – specifically the Gujarat International Finance Tec- City (GIFT) – on par with Singapore and Dubai, received a notable mention in the finance minister’s budget speech on 28...
Another gateway provided to the infrastructure sector
The Reserve Bank of India (RBI) provided further impetus to the government’s drive to strengthen the infrastructure sector by further relaxing the norms on restructuring (for infrastructure companies) by allowing up to two years...
Voting arrangements in listed companies clarified
The question of acquisition of control in listed companies gets even more complex when voting arrangements come into play. The Securities and Exchange Board of India (SEBI) has considered this previously but its recent...
Starting and buying a business in the US
Attracted by the size and diversity of the US economy, many Indian and other companies start a business in the US or acquire or invest in existing companies.
The US has no exchange controls, so...
The new UAE Commercial Companies Law: Highlights
The much anticipated new UAE Commercial Companies Law (Federal Law No. 2 of 2015) was issued on 1 April 2015 and comes into force three months from the date of its publication in the...
Red signals on put options turned yellow, soon green?
Not long ago, the validity and enforceability of put options on equity shares and compulsorily convertible debentures and preference shares held by foreign investors, being one of the preferred exit routes, was the biggest...
Net neutrality: Not a simple matter in the age of apps
In a country with almost 300 million internet users, 83% of whom access the net through a mobile phone, net neutrality is an important issue for a host of stakeholders, including internet service providers,...
Make in India: Inviting investments
In Hannover for the recent Indo-German summit, Prime Minister Narendra Modi reaffirmed the Indian government’s commitment to building an investment-friendly business environment by assuring investors that “India is now a changed country”. Aware that...
New wind and solar power policies in Andhra Pradesh
The government of Andhra Pradesh recently released new solar and wind power policies replacing the 2012 policies. The new policies are intended to provide an impetus to the development of renewable power projects in...
Limitation is a preliminary issue in Maharashtra
The Supreme Court in a recent batch of matters impugning the constitutional validity of section 9A, a Maharashtra amendment to the Code of Civil Procedure, 1908 (CPC), held that section 9A is a complete...
Trade association meetings: What you can and can’t do
Trade associations, industry organizations and conferences provide a platform for representatives from the same industry to meet and discuss common issues. However, such platforms could pose a risk from a competition perspective at times...
Dissemination board: Liquidity at all costs!
The Securities and Exchange Board of India (SEBI) in 2008 issued guidelines for regional stock exchanges (RSEs) whose recognition it withdraws or refuses, and RSEs that seek to surrender their recognition. In all such...
Creative financing solutions evolve in the mining sector
As challenging financing markets persist in the mining sector, miners are using increasingly creative combinations of financing options to fund project development and acquisitions. It is now common for transactions to feature multiple financing...
Position of secured lenders in money laundering cases
The application of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), and that of the Prevention of Money-laundering Act, 2002 (PMLA), converge in situations of provisional...
Court finds meeting minutes do not override regulations
Allowing an appeal in Delhi International Airport Ltd v International Lease Finance Corporation & Ors, the Supreme Court recently held that minutes of a meeting “do not become a general or special order in...
Appellate board appointments held unconstitutional
Madras High Court recently declared that sections 85(2)(b) and 85(3)(a) of the Trade Marks Act, 1999, which deal with the qualifications and selection of the chairman and members of the Intellectual Property Appellate Board...
Employer has power to change policy ‘in toto’
Dismissing a petition in DK Sood & Anr v Punjab National Bank, Delhi High Court recently held “the powers of the employer to re-frame a policy guideline or change the policy in toto even...
Supreme Court declares section violates key rights
Ruling in Shreya Singhal v Union of India, the Supreme Court recently struck down section 66A of the Information Technology Act, 2000, declaring that it violated article 19(1)(a) of the constitution of India, which...
Corporate affairs ministry notifies deposit rules
On 31 March, the Ministry of Corporate Affairs (MCA) notified the Companies (Acceptance of Deposits) Amendment Rules, 2015. The amendments make the Companies (Acceptance of Deposits) Rules, 2014 (deposit rules), even more comprehensive.
A proviso...
SEBI notifies amended delisting regulations
The Securities and Exchange Board of India (SEBI) notified the SEBI (Delisting of Equity Shares) (Amendment) Regulations, 2015 (amendment regulations), on 24 March amending the SEBI (Delisting of Equity Shares) Regulations, 2009 (delisting regulations)....
Ashoka Buildcon completes QIP
Ashoka Buildcon has sold ₹5 billion (US$79 million) of its shares in a qualified institutional placement (QIP), including concurrent private placements outside India and the US.
Duane Morris & Selvam was the international legal counsel...
Brookfield acquires Unitech portfolio
Canadian real estate company Brookfield Property Partners has acquired the entire interest in a portfolio owned by Unitech Corporate Parks and IDFC. The portfolio comprises six IT and special economic zone projects – two...
Lanco lobs Udupi Power to Adani
Infrastructure company Lanco Infratech has sold its shareholding in Udupi Power to Adani Group in the largest acquisition to date in India’s thermal power sector.
As part of its goal of achieving 20,000 megawatts of...
Capgemini clinches iGate for US boost
French IT services company Capgemini has agreed to acquire US technology and services company iGate Corporation from private equity firm Apax Partners for US$4 billion.
The proposed acquisition will strengthen Capgemini’s key businesses in application...
Tosoh takes Lilac Medicare
Japan’s Tosoh Corporation and Singapore-based Tosoh Asia have acquired Lilac Medicare, an Indian in vitro diagnostics company which manufactures and sells medical devices and reagents.
The transaction did not require Foreign Investment Promotion Board approval...
Elara goes home with Makaan
Elara Technologies (Singapore), which is backed by Rupert Murdoch’s News Corp, has acquired Makaan.com, an online property listing firm, for an undisclosed amount.
Makaan.com is part of People Group, founded by Anupam Mittal, which also...
Michell moves to British Engines
Engineering group British Engines has acquired a 51% controlling stake in Michell Bearings India from Vinters Engineering, a UK company owned by Rolls-Royce, for £12.6 million (US$19.7 million). Michell Bearings manufactures hydrodynamic bearings.
This deal was part of...
CCI rules in favour of e-commerce
The Competition Commission of India (CCI) has dismissed allegations against a number of e-commerce companies for anti-competitive practices. The CCI said in its order that Flipkart, Jasper Infotech (owner of Snapdeal.com), Xerion Retail (owner...
Evalueserve takes tech firm Treparel
Knowledge process outsourcing company Evalueserve has snapped up Treparel, a Netherlands-based provider of text analytics and visualization solutions. Evalueserve will continue to develop and license Treparel’s text analytics platform KMX (knowledge mapping and exploration)...
OP Khaitan lawyers leave for Integrity
Two lawyers have left OP Khaitan & Co to set up a new full-service firm called Integrity Law Offices. The departure of junior partner Arihant Jain and partner Nidhi Mathur follows a money laundering...
Phoenix Legal adds office in Chennai
Phoenix Legal opened its doors in Chennai on 1 May. The firm was keen to capitalize on growth in a number of industries across South India such as electronics, manufacturing, automotive, textiles, renewable energy,...
K Law lands Link Legal partners
Krishnamurthy & Co (K Law) has enlisted Ajay Sawhney and Gautham Srinivas as partners in its Delhi office. The two partners left Link Legal India Law Services along with their teams to join K...
Gill gets equity stake at N South
Inderraj Gill has been made an equity partner at N South. Gill, a specialist corporate lawyer who has spent over eight years at the firm, focuses on M&A, private equity, infrastructure and projects, and...
Remfry adds four to partnership
Intellectual property firm Remfry & Sagar has promoted four of its lawyers to the partnership. They are Vineet Rohilla, Shukadev Khuraijam and Swarup Kumar from the patents department along with Cyril Abrol from the...
Four more retained partners at JSA
Four lawyers at J Sagar Associates have become retained partners. They are Mary Julie John in Bangalore, Arpita Garg and Vishal Anand in Delhi and Kanan Rahul in Mumbai. The firm now has a...
MoFo strengthens India team
Amit Kataria, formerly of Davis Polk & Wardwell, has joined Morrison & Foerster as a counsel. Kataria, who is qualified to practise in India and New York, handles cross-border M&A transactions and often advises...
Shroffs part ways to launch competing firms
Almost six months of mediation between Amarchand Mangaldas managing partners Shardul and Cyril Shroff has culminated in the break-up of the legacy firm as the brothers parted ways to set up their own practices....
Was repeal the only solution?
Dear Editor,
As you reported in last month’s issue, in Shreya Singhal and Ors v Union of India the Supreme Court struck down section 66A of the Information & Technology Act, 2000, saying it was...
A useful comparison
Dear Editor,
I wish to draw your attention to some key points that arise during a comparative analysis of the takeover laws of India and the UK. This will be of interest to readers who...
Magna Carta
The year 2015 is significant in the history of the common law. It is the 800th anniversary of the Magna Carta, which was signed by King John of England on 15 June 1215. Interestingly,...
Simplifying the bank establishment approval process in Switzerland
Following an agreement between the People’s Bank of China and the Swiss National Bank to establish clearing arrangements in Switzerland for trading renminbi, China Construction Bank announced earlier this year its intent to open...
New MOFCOM rules promote expansion in overseas markets
Recently, the PRC government issued a series of important rules and regulations to promote outbound investment by Chinese companies. Among these are new regulatory measures issued by two of the primary authorities responsible for...
IPO activities reviving on stock markets in the UAE
Equity capital markets (ECMs) have consistently been a popular way of raising funds in the United Arab Emirates, in particular via initial public offerings (IPOs).
Last year witnessed a revival of IPOs after more than...
Be cautious of road ahead once patent is granted
Once a patent is granted, the patentee gets the exclusive right to make, sell, offer to sell or import the patented invention. The patentee is also authorized to restrain others from making, selling or...
CIETAC’s guidelines sign of a new spring for arbitral evidentiary rules?
In resolving foreign-related commercial disputes, arbitral institutions in China have always relied on the relevant evidentiary rules in China’s Arbitration Law and Civil Procedure Law. This has given arbitration procedures serious litigation-esque leanings.
In response...
Proactive guidance needed to help entities meet FATCA deadlines
The first reporting cycle for the United States Foreign Account Tax Compliance Act (FATCA) kicked off with the 31 March deadline set by the US Internal Revenue Service’s (IRS) for countries and territories such...
Encouraging investment in Patagonian Andes provinces
As mentioned in previous issues, we shall discuss some of the incentives available in Argentina at the local level. Argentina is divided into 23 provinces and the City of Buenos Aires, which is an...
Strengths and risks in the latest buyout fund rule amendments
The China Securities Regulatory Commission amended the Measures for the Administration of Material Asset Restructuring of Listed Companies (Restructuring Measures) and the Measures for the Administration of the Acquisition of Listed Companies (Acquisition Measures)...
Fourth amendment to Patent Law aims to increase damages and more
Q : Please briefly describe the Patent Law amendment currently being considered.
A: The State Intellectual Property Office (SIPO) published the draft amendment to the Patent Law for public comment on 1 April. Once passed,...
Preferred shares give priority profit distribution, fewer rights
Since last year, the author has provided a full suite of legal services to a certain listed state-owned enterprise under the central government (A+H) for its private offering of preferred shares (PS). This is...
Important issues in automotive parts enterprise acquisition
The automotive parts industry serves as an important complement to automotive original equipment manufacturers (OEMs). With China experiencing a large annual growth of vehicle sales in recent years, sales in the automotive parts industry...
Impact of letters of consent on trademarks’ registrability
The major trait of a trademark is that it distinguishes the origin of goods or services. The most basic function of a registered trademark is to protect the lawful rights and interests of market...
Patent invalidation system reform to make 10-year cases a thing of the past
As the number of patent dispute cases increases, issues such as revolving-door lawsuits and abuse of invalidation procedure by suspected infringers have drawn attention across all sectors of society. Gradually, a cry for reform...
Claims interpretation limited to disclosed information
A patent’s description and figures may be used to interpret the information within its claims, but this does not mean that any information in its description itself may be interpreted as part of its...
Compliance in anti-monopoly reviews of business operator concentrations
As at August 2014, the Anti-Monopoly Law had been implemented for six years, during which time the Ministry of Commerce (MOFCOM) had opened a total of 945 cases, concluding 875 of them. Among them,...
High flyer
The US Department of Commerce’s top legal eagle is in sharp focus when it comes to advising China on commercial law reform. He talks to John Church about his career as general counsel and his China...
Structuring for success in the Cayman Islands
The Cayman Islands’ reputation as a world-class financial centre is well known. It continues to be known as a leading jurisdiction in the offshore banking, investment funds, captive insurance and structured finance sectors and...
Key factors to consider in choosing your offshore listing vehicle in Hong Kong
Companies in the Cayman Islands and Bermuda comprise more than 70% of those listed on the Hong Kong Stock Exchange (HKEx), and the offshore world plays a significant role in corporate finance. Since December...
