Home Search
Search results:
All you need to know about cover versions!
Cover versions are new recordings of a previously recorded or commercially released song by someone other than the original artist or composer. Usually non-commercial in nature, cover versions are often created by amateurs and...
Debate on nature of offence of copyright infringement
Section 63 of the Copyright Act, 1957, lays down the punishment for copyright infringement. Section 64 of the act empowers the police to “seize infringing copies” without a warrant. While from a copyright law...
Regulatory revival: Not an option but a compulsion
The Reserve Bank of India (RBI) has given foreign investors reason to cheer by bringing clarity to the vexed issue of optionality clauses in foreign direct investment (FDI). The regulator must be applauded for...
Top court upholds definition of non-performing asset
A key aim of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is to facilitate the recovery of amounts due to secured creditors, without the intervention of civil...
CCI order set aside due to violations of natural justice
The Competition Appellate Tribunal (COMPAT), in a judgment on 23 February, held that the Competition Commission of India (CCI) must follow the principles of natural justice when discharging its statutory functions under the Competition...
Proposals to strengthen the clearing corporations
The core of risk management for any clearing corporation (CC) is collateral deposited by the stockbroker or trading or clearing member with the CC. Participants bring risk to the system by way of trades...
Resource investments must consider Aboriginal rights
Canada’s constitution recognizes and affirms treaty rights and other rights of indigenous peoples. This creates a fiduciary duty on the part of the federal and provincial governments with respect to Aboriginal peoples. The nature...
Long-term export advances: A boost for ‘Make in India’
In consonance with the Indian government’s campaign of “Make in India”, the regulators seem to be doing their bit to facilitate business and trade. Data from the Ministry of Commerce and Industry show that...
Law does not cover state’s public works department
In Shri Rajat Verma v Public Works (B&R) Department, Government of Haryana & Ors, the Competition Commission of India (CCI) refused to initiate action against the Public Works Department of the state of Haryana...
Madras High Court protects actor’s personality rights
Madras High Court granted an injunction to restrain the makers of the film Main Hoon Rajinikanth from using actor Rajinikanth’s name, caricature, style and image to prevent the infringement of his personality rights.
In Shivaji...
Served from India Scheme applies to foreign subsidiaries
In a single judgment on three petitions against the Union of India, filed by Yum Restaurants (I) Pvt Ltd, Nokia Solutions and Networks India Pvt Ltd, and EI DuPont India Pvt Ltd, Delhi High...
Delhi High Court upholds exemption for promoting trade
In India Trade Promotion Organization v Director General of Income Tax (Exemptions) & Others, Delhi High Court allowed the petition of ITPO challenging the withdrawal of certain income tax exemptions it was granted until...
Foreign exchange management rules modified
The RBI has amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 (TISPRO Regulations), by way of the TISPRO (Seventeenth Amendment) Regulations, 2014, as follows:
The...
E-filing option for form FC-GPR
Through a circular dated 12 February, the RBI has enabled the online filing of the advance remittance form (ARF) and FC-GPR form under the Indian government’s e-biz project. The ARF and FC-GPR form are...
Curbs on foreign investment in bonds amended
The Reserve Bank of India (RBI) through a circular dated 3 February has introduced conditions for foreign portfolio investors (FPIs) to make future investments in and redeem corporate bonds. The circular has introduced the...
Quality Investment merger approved
The Competition Commission of India (CCI) has given the green signal to Quality Investment Holdings for its proposed acquisition of the entire share capital of Destimoney Enterprises.
The proposed combination will also result in the...
Government sells 10% of Coal India
The Department of Disinvestment has divested a 10% stake in Coal India through an offer for sale on the BSE (Bombay Stock Exchange) and the National Stock Exchange of 315.8 million shares, with an...
Shanghvi buys 23% of Suzlon Energy
Sun Pharmaceuticals founder Dilip Shanghvi and his associates have purchased a 23% stake in Suzlon Energy.The deal was valued at approximately ₹18 billion (US$286 million) with an additional open offer size of approximately ₹28...
Mylan snaps up Famy Care units
Pharmaceutical giant Mylan will pay US$750 million in cash, plus additional contingent payments of up to US$50 million, to private equity firm AIF Capital to acquire certain female reproductive health care businesses from Famy...
Symphony Teleca scores with Aditi
Symphony Teleca Corporation India has completed the purchase of a majority stake of Aditi Technologies from the company’s shareholders.
Aditi Technologies helps companies run and transform their businesses with cloud platforms.
Symphony, a global innovation and...
New course for Indian lawyers
Chicago-based India Professional Education Group (IPEG), and the Society of Indian Law Firms (SILF), have announced that SILF will act as the certifying authority for IPEG’s new Level 6 Certification Programme for Indian lawyers...
TMT’s space mission with NUJS
Boutique law firm TMT Law Practice has partnered with the National University of Juridical Sciences (NUJS) in Kolkata to set up a forum for air and space law research and advocacy.
The forum is expected...
Bankers bat to beat lawyers in cricket
The bankers defeated the lawyers in their annual charity cricket match, which took place on 31 January in Mumbai.
The bankers were on top form, batting first to score 177 for 5 off 22 overs....
DSK clinches Masters Cup
DSK Legal delivered a stellar all-round performance to claim victory in the Economic Laws Practice (ELP) Masters Cup 2015 at the Police Gymkhana Cricket Ground in Mumbai on 22 February. This is the second...
Parsons completes walk to Bangalore
On 8 February, Chris Parsons, a partner and chairman of the India practice at Herbert Smith Freehills, completed a charity walk to raise money for the Loomba Foundation, which supports Indian widows and their...
SILF champions LGBT rights
The Society of Indian Law Firms (SILF) has published the 2013 Tagore Law Lectures in a book titled Sexual Orientation and Gender Identity – A New Province of Law for India.
The lectures, discussing the...
KhattarWong weds Withers
International law firm Withers has created a formal alliance with Singaporean law firm KhattarWong. In April, the two firms will form Withers KhattarWong, offering Singapore, UK and US legal advice to clients. Withers will...
IP boutiques confirm merger
IP firms Lall & Sethi and Singh & Singh have agreed to merge their practices by 1 April. The combined firm will be called Singh & Singh Lall & Sethi and will have nine...
PKA partner packs up for DGS
Bhumesh Verma, a former partner at PKA Advocates, has joined DGS Associates.
Verma, who has also worked at Khaitan & Co and Ashurst, said that after “five wonderful years” at PKA, he was happy to...
Cipla group general counsel quits for class
Murali Neelakantan resigned from his position as global general counsel of Cipla on 4 February to pursue policy work and teaching opportunities.
Neelakantan has taught courses at the National University of Juridical Sciences in Kolkata...
Legal services an asset
Dear Editor,
I refer to the possible opening up of the Indian legal market and your article on it (in the December 2014/January 2015 issue). I welcome the entry of foreign law firms into India...
Well-crafted article
Dear Editor
I read the cover story of the February issue (Shutting up shop) with great interest. I must compliment you on a very incisive, comprehensive and well-crafted piece. I especially liked the way that...
Non-compete clauses
In commercial transactions, it is common for one or both parties to provide non-compete undertakings. For example, in a business acquisition, the seller of the business may agree that it will not compete with...
Switzerland: enhanced tax transparency according to international standards
Based on a general decision taken by Switzerland’s Federal Council in March 2009, Switzerland provides for administrative assistance in tax matters upon specific request only, and exclusively for those jurisdictions with which a respective...
Understanding Dubai’s user-friendly rules for establishing a business
Dubai is a city with a diverse and vibrant culture. With an economy historically built on the oil industry, Dubai’s main revenues come from tourism, trade, aviation, real estate, and financial services.
Not only does...
India well on the way to granting protection for utility patents
Utility patents are relatively short-term rights granted for inventions that may not qualify under the stringent criteria of patentability like inventive step, or non-obviousness, but are inventions in their own consideration. Like patents, utility...
Pre-trial injunction applications and problems in dispute cases
The term “pre-trial injunction”, also known as a “pre-trial order to cease the act in question”, means that a party requests, before the institution of a legal action in a dispute case, that the...
China and Hong Kong: nowhere to hide for US tax evaders
Last December, a US court granted the Internal Revenue Service (IRS) permission to serve what are known as “John Doe” summonses on FedEx Express, FedEx Ground, DHL, UPS, Western Union, the Federal Reserve Bank...
Regulation aimed at accelerating development of auto industry
In the previous issue of this column, we presented an overview of the legal framework in effect, highlighting that foreign investors – and their investments – are protected by Argentine law. Their rights are...
More clarification on validity of foreign-related arbitration clauses
During the past year, for those who run international commercial activities, it is noteworthy that the Supreme People’s Court has, through a series of official replies to cases before lower-level courts, further clarified the...
Focus on asset-backed securitisation, acquisitions in bankruptcy protection
Bankruptcy protection extends a lifeline to an enterprise from the time it experiences operational difficulties until it is finally wound up, but in general it is difficult for such an enterprise to turn things...
M&A of domestic engineering design enterprises by foreign counterparts
Article 4 of the Provisional Regulation of the Ministry of Construction on the Administration of Foreign Enterprises Engaging in Construction Engineering Design Related Activities in China stipulates that when a foreign enterprise undertakes construction...
How to handle IP transfers in anonymous purchases
The market is a battlefield. In the course of changing commercial operations today, strategic operational means, e.g. anonymous purchase in the intellectual property (IP) field, are sometimes indispensable. However, anonymous purchase has always been...
Tips for variety television shows on utilising the Copyright Law
In recent years, following the huge commercial success of such variety shows as Where Are We Going, Dad?, The Voice of China, etc., a number of copycat programmes have sprung up in their wake,...
Significant issues in determination and notarisation of online evidence
Evidence that takes form on the internet is commonly called online evidence. Such information is appearing more and more frequently in patent right confirmation and infringement procedures. The main points of dispute over online...
Rulings run counter to spirit of the insurance contract
A civil contract is entered into by equal civil subjects based on the principle of autonomy of will. Insurance contracts are a type of civil contract and have certain special aspects. They are usually...
Seeking recourse against an employee for economic loss
With the increasing compliance awareness of employers, there has been a progressive increase in cases where an employer demands compensation from a worker for property loss incurred as a result of a breach by...
Foreign infusion
A new draft law plans comprehensive changes to the way foreigners invest and operate in China. Danian Zhang and Howard Wu explain
On 19 January 2015, the Ministry of Commerce (MOFCOM) released a draft of...
How Kenyan regulatory developments will impact foreign investors
How Kenyan regulatory developments will impact foreign investors
Kenya is East Africa’s largest economy. Largely as a result of the discovery of petroleum deposits, minerals, coal deposits, iron ore and titanium in various parts of...
What disputes does an arbitration clause cover?
The recent case of VK Holdings (HK) Ltd v Panasonic Eco Solutions (Hong Kong) Company Ltd demonstrates the importance of carefully drafting arbitration clauses to ensure they reflect the parties’ intentions about what disputes...
Pressing need for whistleblowing channels in Asia
In light of recent global regulatory trends, the author of this article believes there is a pressing need for Asia-based corporations to develop internal whistleblowing channels and concomitant policies and procedures. Few Asia-based companies...
Changes to tax return forms mean FIEs may face more scrutiny
On 3 November 2014, the State Administration of Taxation (SAT) issued Bulletin No. 63, introducing a new set of annual return forms for enterprise income tax (EIT). The new forms are applicable to...
Government to provide employment subsidy for certain enterprises
In an effort to help cushion the impact of changing business conditions and restructurings on employment, on 16 November 2014 the Ministry of Human Resources and Social Security and other government departments jointly issued...
SAT disregards Delaware company in indirect transfer
On 22 January 2014, the State Administration of Taxation (SAT) issued but did not publish Shui Zong Han notice No. 38, which approved the Zhejiang Provincial State Tax Bureau’s request to disregard the...
Foreign companies to set up e-commerce operations in FTZ
On 13 January 2015, the Ministry of Industry and Information Technology (MIIT) released the Circular on Removing the Restrictions on the Foreign Equity Ratios in Online Data Processing and Transaction Processing (Commercial Type of...
Akin Gump hire boosts firm’s investigations, litigation practice
Akin Gump has appointed a senior litigation consultant to join its Hong Kong office.
Vena Cheng, formerly with Morrison & Foerster, is an investigations and litigation lawyer with over 15 years’ experience across industries including...
Hogan Lovells bolsters IP practice with two partners
Hogan Lovells has recruited two new partners to join the firm’s intellectual property (IP) practice in Hong Kong from Mayer Brown JSM.
Alan Chiu handles litigation, due diligence, licensing, defamation, and privacy. He has a...
Awapatent hires chief to oversee new HK and Beijing operations
European intellectual property (IP) consultancy firm Awapatent has appointed Lim Ai-leen as the CEO and principal counsel of its Asian arm, coinciding with the February opening of its Hong Kong and Beijing offices.
Lim, a...
Norton Rose Fulbright recruits US capital markets partner
An expert in criminal law enforcement and cyber security returns to O’Melveny & Myers as a partner in the firm’s white-collar defence and corporate investigations group, residing in both Hong Kong and Los Angeles...
US, China criminal law expert rejoins O’Melveny
An expert in criminal law enforcement and cyber security returns to O’Melveny & Myers as a partner in the firm’s white-collar defence and corporate investigations group, residing in both Hong Kong and Los Angeles...
Expert expects more fund types after landmark ETFs in HK
An expert in investment funds expects a broader spectrum of investment products to be eventually approved by Hong Kong’s regulator following the success of the first futures-based ETFs to be listed in the city.
Rolfe...
Corporate counsel face disclosure problems in US
The issue of whether Chinese companies’ in-house counsel can adequately, or legally, represent them has been under the spotlight following a recent case in the US.
A lack of appropriate qualifications for in-house counsel in...
New levels
As the nation’s economic strategies mature so does the necessity for more sophisticated methods of managing inbound investment, and for a greater level of understanding of global markets for the enterprises that are urged...
Comparative advertising in the UK: Do’s and don’ts
Comparative advertising is a well-known and long-standing marketing tool in the UK, as it is in India and many other countries around the world. It allows companies to compare their products with a competitor,...
Is fair market value fitting for valuation of services?
Fair market value (FMV) is generally understood as the price for which a specified asset or property would be sold in the market and that a knowledgeable, willing, and unpressured buyer would pay to...
Will payments banks help foster financial inclusion?
Unlike jurisdictions such as Singapore, India did not (until very recently) have differentiated licensing for banks, i.e. granting licences for conducting a specific line of banking business. The prevalence of universal banking licences coupled...
Documentation expected to reflect new NBFC rules
The Indian banking sector has witnessed a paradigm shift in the past decade. Non-banking financial companies (NBFCs) have played a pivotal role in providing an array of financial services and innovative products, and have...
Regulation proposed for crowdfunding in India
Crowdfunding is a popular mode for raising funds for startups and entrepreneurs. Simply put, crowdfunding is the solicitation of funds, usually a small amount, from multiple investors through an online platform or through social...
Buying a German business is easier than one may think
Germany has the biggest economy in Europe, and one of the strongest. Mid-sized firms, often family owned, are the backbone of Germany’s economy, and many are open to expansion through investment. So, what are...
New DIFC Netting Law: A boost for derivatives?
Towards the end of 2014, the Dubai International Financial Centre (DIFC) enacted the DIFC Netting Law, which is the first of its kind in the Middle East. The Netting Law is based on the...
Locked-box mechanism in M&A transactions
Over the past 10 years, India’s M&A landscape has become more sophisticated, adopting international best practices. Parties are negotiating, at length, clauses relating to purchase price adjustments, completion conditions, representations, warranties and indemnifications in...
Ashok Kumar lends name to tool against movie piracy
Decades after veteran actor Ashok Kumar charmed movie makers and viewers alike with his natural acting and effervescent personality, his name continues to resonate in the corridors of the entertainment industry courtesy of Ashok...
Erosion of IP rights: Impact on fashion and textile sector
India’s fashion industry complements its textile industry, which contributes significantly to exports and GDP. Trends in terms of colours, styles, fabrics, etc., determine the fashion industry’s fortunes, which rest on the creative endeavours of...
Construction development: Press note a fresh lifeline?
The construction development sector (township, housing and built-up infrastructure) has been the second highest recipient of foreign direct investment (FDI) in India since April 2000, with investment of about US$23 billion (10% of the...
Solutions proposed to settle civil nuclear liability issues
In 2008, India and the US entered into the Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy. This permitted nuclear equipment manufacturers, suppliers and service providers to participate in India’s nuclear energy market...
Threshold for grant of an anti-arbitration injunction
Delhi High Court in its recent judgment in Vikram Bakshi & Anr v McDonald’s India Pvt Ltd & Ors has set a threshold to be met before grant of an anti-arbitration injunction. Although there...
CCI reiterates its stand on trade associations’ conduct
In an interview in 2013, Competition Commission of India (CCI) chairman Ashok Chawla was quoted as saying: “Rather than being party to a cartel, the trade associations should encourage their members and constituents to...
Whipping tipping: ‘Tippee’ now liable as insider trader
Securities regulation is based on the core idea that all investors should have equal access to the rewards of participation in securities transactions. Insider trading is the antithesis to this equal access theory.
Insider trading...
Canadian oil sector may be a good bet as prices ‘bleed’
As Baron Rothschild once noted, “the time to buy is when there’s blood in the streets”. Could the recent decline of crude oil prices to six-year lows represent just such an opportunity for Indian...
Further evolution required for ‘factoring’ to fulfil needs
Where businesses are clamouring for liquidity, especially manufacturing entities, “factoring” presents a viable option towards maintaining a steady cash flow by providing finance against the receivables due to such entities. Prior to the Factoring...
Indian Law Firm Awards 2014
Indian Law Firm Awards 2023
Indian Law Firm Awards 2022
Indian Law Firm Awards 2021
Indian Law Firm Awards 2020
Indian Law Firm Awards 2019
Indian Law Firm Awards 2018
Indian Law Firm Awards 2017
Indian Law Firm Awards 2016
Indian Law...
How Tata tapped the debt markets
Capital raising requires gumption and out-of-the-box thinking. Rebecca Abraham reports on a hybrid bond issue that showed both
New paths are being charted as Indian companies seek to take on more debt, often to repay existing...
Riding the UAE building wave
Opportunities abound for Indian companies but as Sachin Kerur explains, understanding the rules is vital
Only too aware of the need to diversify their economies, the Gulf Cooperation Council (GCC) states are planning significant development...
A tale of two countries
Jayshree Gupta at Baker & McKenzie Habib Al Mulla contrasts the UAE and Indian legal systems
The ties between the UAE and India, which have existed from ancient times, are stronger than ever. India’s new...
A busy corridor
Outbound investment from India to the Middle East is gathering pace. What are the trends and where is the activity? Rebecca Abraham investigates
Lawyers in the Gulf states, and the Middle East in general, speak of...
Road map for reform
Lalit Bhasin, the president of the Society of Indian Law Firms, explains why he now supports the phased entry of foreign law firms
The government of India, in consultation with the country’s legal profession, is in...
Shutting up shop
Mired in a tax dispute and hamstrung by labour laws, the plight of Nokia’s plant near Chennai highlights the perils and complexities of closing a factory in India. Vandana Chatlani reports
It was a shining example...
Uniform treatment is not required for all defaulters
In Keshavlal Khemchand and Sons Pvt Ltd & Ors v Union of India & Ors, the Supreme Court upheld the constitutional validity of an amendment made in 2004 in section 2(1)(o) of the Securitisation...
Bombay High Court clarifies concept of drawee bank
In the case of Smt Sangita v Sukrant & Anr, Bombay High Court considered the question of the territorial jurisdiction and the concept of drawee bank in cheque dishonour cases, against the background of...
Support of law is required for vicarious liability
Allowing an appeal in Sunil Bharti Mittal v Central Bureau of Investigation, the Supreme Court has held that “when the company is the offender, vicarious liability of senior officers of the company cannot be...
Evidence needed to substantiate charge of collusion
Dismissing a complaint in Muthoot Mercantile Ltd v State Bank of India & Ors, the Competition Commission of India (CCI) held that “parallel behaviour needs to be substantiated with the additional evidence” when allegations of...
Government amends act for speedy arbitration
The government, by an ordinance dated 30 December 2014, has amended the Arbitration and Conciliation Act, 1996. Some of the changes introduced by the ordinance are outlined below.
The arbitral tribunal must make its...
SEBI redefines ‘venture capital undertaking’
The Securities and Exchange Board of India (SEBI) has made amendments to the SEBI (Foreign Venture Capital Investors) Regulations, 2000, through the SEBI (Foreign Venture Capital Investors) (Amendment) Regulations, 2014, dated 30 December 2014.
Under...
RBI expands security options for ECBs
On 1 January, the Reserve Bank of India (RBI) amended the regulations for external commercial borrowings (ECB) to liberalize and expand the options of securities and consolidate various provisions related to creation of charges...
Foreign investment policy amended for medical devices
India’s Department of Industrial Policy and Promotion amended the foreign direct investment (FDI) policy in the pharmaceutical sector through press note 2 of 2015, dated 6 January. Effective from 21 January, up to 100%...
Laws proposed to promote IT
The Associated Chambers of Commerce and Industry of India (ASSOCHAM) has proposed the introduction of legislation to encourage the adoption of information technology (IT) in the healthcare sector. BK Rao, the chairman of ASSOCHAM’s...
Par picks up Ethics Bio Lab
New Jersey-based generics company Par Pharmaceuticals has acquired Ethics Bio Lab, a contract research organization in Chennai offering bioavailability and bioequivalence study and clinical end point study services to the pharmaceutical and biotechnology industry.
Par...
Gautam Khaitan out on bail
A Delhi court on 9 January granted bail to Gautam Khaitan, the managing partner of OP Khaitan & Co, in connection with a money laundering probe into the ₹36 billion (US$583 million) AgustaWestland helicopter...
Adobe counsel takes on INTA presidency
The International Trademark Association (INTA) has elected J Scott Evans of Adobe Systems to be its president this year. He will take over from current president Mei-lan Stark, the senior vice president for intellectual...
ACI fined for abuse of dominance
The Competition Commission of India (CCI) has slapped a penalty of ₹45.2 million (US$725,000) on US-based ACI Worldwide and its subsidiaries in India and Singapore for abuse of dominance, following a complaint brought by...
Tree House thrives with QIP
Tree House Education & Accessories, a pre-school education services provider, has raised ₹2 billion (US$32 million) through a qualified institutional placement. The deal involved the issue of 4.5 million equity shares with a face...
NALSAR’s hat trick with winning essay
Tanya Choudhary, a student from Hyderabad’s NALSAR University of Law, has won first prize in the third Arb Excel All India Essay Writing Competition organized by Kachwaha & Partners.
The firm received 57 entries from...
Link Legal promotes partner
Link Legal India Law Services has promoted Gautham Srinivas to its partnership.
Srinivas, a capital markets specialist, joined the firm in 2013 after nine years at Amarchand Mangaldas. He has advised various infrastructure, real estate,...
Cognia lawyer joins Quislex
David Chamberlin has rejoined legal process outsourcing (LPO) provider Quislex as the director of legal services for Europe, the Middle East and Africa (EMEA).
Chamberlin previously worked with Quislex in Hyderabad for almost two years...
Phoenix poaches KSP team
Mrinal Ojha and Trinath Tadakamalla have joined Phoenix Legal as partners, along with their team from Khaitan Sud & Partners. The new recruits will strengthen Phoenix’s dispute resolution practice.-
“Phoenix Legal has a solid reputation...
Shearman partner moves to Singapore
Sidharth Bhasin, a partner at Shearman & Sterling, relocated from Hong Kong to Singapore last month to boost the firm’s M&A and private equity practices in Singapore and Southeast Asia.
Bhasin is a key member...
Khurana marches to Mumbai
IP boutique Khurana & Khurana has acquired Closer2Patents in order to better serve its clients in Mumbai. Closer2Patents, another IP boutique, was established by Abhishek Pandurangi in 2010. He joins Khurana & Khurana as...
Dentons and Dacheng unite
International law firm Dentons and China’s largest law firm, Dacheng Law Offices, have agreed to merge their practices to form the world’s biggest law firm with over 6,500 lawyers across 50 countries.
Peng Xuefeng, the...
Media rebuked for reports of Amarchand split
Shardul and Cyril Shroff, the managing partners of Amarchand Mangaldas in New Delhi and Mumbai, respectively, are continuing with mediation efforts to resolve a dispute over the will of their mother, Bharati Shroff.
The Economic...
Indian market not fully matured
Dear Editor
I refer to your article on the possible opening up of the Indian legal market (in the December 2014/January 2015 issue). On the question of whether the Indian legal market is ready for...
High time to disprove the cynics
How long is too long to wait for change to kick in?
Governments across the world have been swept into power on the back of bold promises of change. But while such promises are a...
Virtual signings
The question of whether, and if so when, a contract is formed involves complex issues under the governing law of the contract. In circumstances where a contract is executed by a company, it also...
How your brand can lawfully benefit from ‘Swissness’
Swiss products and services enjoy an excellent reputation, both domestically and abroad. Exclusivity, high quality, precision, reliability, efficiency, luxury, high-tech and innovation are some of the distinctive features associated with products made in Switzerland....
UAE corporate governance codes aim to curb abuses of power
The introduction of corporate governance regimes around the world was a response to high-profile and well published corporate disasters. In the US you had the likes of Tyco, one of the better publicised corporate...
Injunctive relief in SEP infringement cases – treading cautiously is key
Appropriateness of injunctive relief in standard essential patent (SEP) litigation is highly controversial terrain and has been intensely debated in almost all the major jurisdictions around the world. While India, until a few years...
The Intellectual Property Court: breakthrough and improvement
With the issuance of the Decision of the Standing Committee of the National People’s Congress on Establishing Intellectual Property Courts in Beijing, Shanghai, and Guangzhou, and the implementation of the Provisions of the Supreme...
FATCA compliance for Chinese offshore investment funds
Since the US Foreign Account Tax Compliance Act (FATCA) took effect on 1 January 2015, the full extent of global compliance with the legislation that is designed to combat offshore tax evasion is becoming...
A brief overview of Argentina’s regulatory regimes for business
In the January issue of this column, we highlighted how the bilateral economic relationship between China and Argentina has grown and developed. This growing rapprochement can be seen in the proliferation of business linkages;...