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香港:前雇员申请类似专利,雇主可如何追究?

Reading Time: 1 minutes在Acron International Technology Limited v Chan Yiu Wai & Anor HCA 1709/2010(裁决日期:2016年1月25日)一案中,原告人成功控告一名前雇员在终止受雇后,申请一项与原告人开发的技术相似的专利,这是原讼法庭首次就《专利条例》第57(1) 条作出裁决。

案情重点
原告人是一间在香港注册、从事科技行业的创新企业,第一及第二被告人为其前雇员。两名被告人于2004年10月18日递交辞职信,并于离职后8日,即2004年11月26日,在中国内地共同提出专利申请(「被告人申请」),最后于2009年1月7日获授予专利。

HONG KONG: HKEx’s censure of Golden Meditech and censure/criticism of various directors

Reading Time: 6 minutesIntroduction The Stock Exchange of Hong Kong Limited censured Golden Meditech Holdings Limited (the “Company”) (stock code: 801) and a number of its current and former directors for committing numerous serious breaches of the Listing Rules in relation to the disclosure and shareholders’ approval requirements as well as the directors’ ability and the failure to […]

A Practical Guide to Registering Designs in Singapore

Reading Time: 6 minutesGreat designs provide great value. They attract customers, build loyalty and help increase market share. Given the importance of design in today’s world, understanding how to obtain proprietary rights over valuable designs can give you a serious leg up on the competition. What Are Registered Designs? Simply put, registering a design protects a product’s aesthetic […]

Top 10 Frequently Asked Questions answered by an Intellectual Property Lawyer

Reading Time: 6 minutesAsia Law Network sits down with Jeremiah Chew, an intellectual property and technology lawyer based in Singapore, to get his views on the top questions frequently asked about Intellectual Property. Jeremiah specializes in intellectual property, technology and competition law. He regularly advises on IP registration, licensing and transactions involving the sale and acquisition of IP […]

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Vietnam Legal Update: Additional Permitted Cases on the Use of Foreign Currency in the Territory of Vietnam

Reading Time: 2 minutesIt is Circular No. 03/2019/TT-NHNN dated 29 March 2019 (“Circular 03”) due to amend Circular 32/2013/TT-NHNN dated 26 December 2013 (“Circular 32”), the State Bank of Vietnam relaxes the restrictions on the use of foreign currency in Vietnam. Principle of restriction on use of foreign currency in Vietnam Under Circular 32, except for 16 limitative […]

Myanmar Tax Update: The Ministry of Planning and Finance Removes 2% Advance Income Tax Exemption on Exports for Taxpayers Under the LTO and MTO1

Reading Time: 2 minutesThe Myanmar Ministry of Planning and Finance (“MOPF”) recently issued Notification 38/2019 dated 8 April 2019 removing the 2% advance income tax exemption on exports previously granted to taxpayers under the Large Taxpayers Office (“LTO”) and Medium Taxpayers Office No. 1 (“MTO 1”) effective from 1 May 2019. The 2% advance income tax was introduced […]

PDPA Update: Can businesses collect my NRIC number, or retain my NRIC?

Reading Time: 5 minutesThis article aims to provide an overview of the NRIC advisory guidelines[1] that is effective on 1 September 2019 (“New Guidelines”) under the Personal Data Protection Act[2] (“PDPA”) and the practical issues that organisations may encounter in relation to the New Guidelines.   An overview of the PDPA and the New Guidelines  The PDPA and what it […]

HONG KONG: Trademarks with vulgar meaning may be invalidated in the PRC

Reading Time: 4 minutesIntroduction On 3 February 2019, the Higher People’s Court of Beijing Municipality (“Beijing High Court”) handed down its judgment and determined that the trademark “MLGB” had a vulgar meaning, was of low style, and may endanger the socialist morality; and therefore shall be invalidated in accordance with Article 10(8) of Trademark Law of the People’s […]

Vietnam Legal Update: New Rules Governing Investment in Vocational Education

Reading Time: 4 minutesThe Government of Vietnam’s Decree 15/2019/ND-CP dated 1 February 2019 detailing the regulations and measures for implementing the Law on Vocational Education (“Decree 15”) replaces Decree 48/2015/ND-CP detailing the regulations for the Law on Vocational Education (“Decree 48”). Decree 15 took effect on 20 March 2019 and introduces major differences with the requirements previously required […]

Vietnam Legal Update: Additional Permitted Cases on the Use of Foreign Currency in the Territory of Vietnam

Reading Time: 2 minutesIt is Circular No. 03/2019/TT-NHNN dated 29 March 2019 (“Circular 03”) due to amend Circular 32/2013/TT-NHNN dated 26 December 2013 (“Circular 32”), the State Bank of Vietnam relaxes the restrictions on the use of foreign currency in Vietnam. Principle of restriction on use of foreign currency in Vietnam Under Circular 32, except for 16 limitative […]

聚焦劳资业务:香港法律在降级方面的规定

Reading Time: 1 minutes降级通常涉及职位降低,或者工作职责和/或薪水的减少。员工出现业绩不良、能力有限等情况但又无需辞退时,雇主都可能会考虑对其进行降级处理。

不管是什么原因,雇主考虑降级时都要慎之又慎。降级应当合法而又专业;否则雇主可能面临不必要的投诉举报。

Vietnam: Disputes arising from NDA – who volunteers to put “Wukong’s magical circlet” on?

Reading Time: 7 minutesIn the case of a company that has sued its employee (“Employee”) for breaching a Non-Disclosure and Non–Competition Agreement limiting the Employee from working for the company’s competitors (non–competition agreement), several controversial assessments and legal precedents have followed. As made by the Commercial Arbitration Council (CAC), these have delivered different opinions to the concerned parties, […]