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, […]

Myanmar Tax Update: Myanmar IRD to Implement Integrated Tax Administration System Starting FY 2019-2020

Reading Time: 2 minutesThe Myanmar Internal Revenue Department (“IRD”) recently issued a notice with regard to the implementation of the Integrated Tax Administration System (“ITAS”). This is an electronic system that aims to modernize tax administration procedures in Myanmar starting FY 2019-2020. The aim of the ITAS is to implement an electronic-based system that will administer the tax […]

HONG KONG: A US short-seller was held liable for disseminating a false online research report about a Hong Kong listed company

Reading Time: 6 minutesIntroduction A US short-seller, Mr Andrew Left (“Mr Left”) of Citron Research, was held liable by the Market Misconduct Tribunal (“MMT”) in August 2016 for publishing false or misleading market information about Evergrande Real Estate Group Limited (“Evergrande”) (Stock Code: 3333). In February 2019, the Court of Appeal (the “CA”) dismissed Mr Left’s appeal against […]

Vietnam: When subsidiaries go bankrupt – can creditors “seek compensation” from parent companies?

Reading Time: 6 minutesIt is normal and recommended to allow a subsidiary which operates ineffectively and falls into insolvency to go bankrupt for the sake of a healthy business environment. However, except for subsidiaries which are only the front companies to conceal non-transparent or illegal business activities of parent companies, the bankruptcy of an enterprise causes losses to […]

Copyright in Singapore broken down and explained

Reading Time: 7 minutesCopyright refers to the bundle of rights that is granted by the Copyright Act[1] in respect of original works and other subject-matter for limited periods of time and subject to certain permitted exceptions.[2] So what does copyright protect, and do you need a lawyer to register your Copyright? Copyright can be used to protect works […]

The law on demotions in Hong Kong

Reading Time: 3 minutesA demotion normally involves a reduction in rank or status, or a decrease in job responsibilities and/or salary. An employer may wish to demote an employee for a variety of reasons including poor performance, capability and/or as an alternative to termination. Regardless of the reason for the demotion, an employer should be careful when demoting […]