Reading Time: 2 minutesThe second edition of TechLaw.Fest will continue to cast a spotlight on the state of Asia’s legal innovation and in particular examine issues surrounding data – among them – responsible data use, its access and control, security and 5G, and the role of data in commerce. The two-day event will be opened by Minister for Law and Home Affairs, Mr […]
Reading Time: 6 minutesIntroduction The Income Tax Board of Review (“ITBR”) decision in the 2016 case of GBG v The Comptroller of Income Tax[1] (“GBG”) has shed some light on the conditions that must be fulfilled before the costs of debt may be deducted against taxable income. More importantly, it establishes the legal principle that whether expenditure is […]
Reading Time: 5 minutesIntroduction On 19 June 2019, The European Union General Court (the “General Court”) dismissed the appeal application filed by Adidas and upheld the decision of European Intellectual Property Office (“EUIPO”)’s Second Board of Appeal that, among other things, Adidas’ signature mark of parallel equidistant stripes lacks the distinctiveness required for it to be qualified for […]
Reading Time: 4 minutesIntroduction In the European Union Intellectual Property Office’s (“EUIPO”) decision in Supermac’s (Holdings) Ltd v McDonald’s International Property Company, Ltd dated 11 January 2019, the EUIPO revoked McDonald’s rights in respect of the trade mark “BIG MAC”. The reason for the decision was that McDonald’s had failed to provide sufficient evidence to the EUIPO to prove that […]
Reading Time: 5 minutesAdvertisements in Singapore are generally self-regulated by industry. This role is performed by the Advertising Standards Authority of Singapore (ASAS), and the Singapore Code of Advertising Practice (SCAP). The SCAP is not legally binding. However, this does not suggest that all forms of advertising practice are condoned. Consumers of advertisements and advertisers themselves act as […]
Reading Time: 13 minutesIntroduction The traditional common law position in the field of insurance has always been biased towards the insurer, where insurance doctrines have been “inflexibly applied in favour of insurance companies.”[1] This has been noted in several instances, such as the insured’s duty of non-disclosure, the interpretation of insurance policies, and in the context of fraudulent […]
Reading Time: 5 minutesIntroduction In cross-border insolvency, there are two contrasting approaches. On the one hand, there is the territorial approach, focused primarily on the interest of the local creditors.[1] On the other, there is the universal approach, where one court leads the administration of the insolvency proceedings, and other courts cooperate with the main action.[2] For the […]
Reading Time: 3 minutesOn 3 May 2019 the Ministry of Industry and Trade of Vietnam (the “MOIT”) submitted to the Prime Minister a draft decision intended to replace Decision No. 11/2017/QD-TTg of the Prime Minister on mechanisms for the encouragement of development of solar power, dated 11 April 2017 (“Decision 11”). In response to this submission, the Prime […]
Reading Time: 5 minutesIntroduction The Court of First Instance analysed whether a clause within a joint venture agreement between a company in liquidation and an interested party should be void for being classified as “disposition” under section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32). Build King Construction Ltd (“BK”) formed a joint venture […]
Reading Time: 16 minutesIntroduction At the quantification stage in breach-of-contract claims, claimants must sometimes think out of the box. Where no loss has been suffered or loss is hard to prove, one solution is to argue for “negotiating damages”, or damages for breach of contract assessed by reference to the sum a claimant could hypothetically have received in […]
Reading Time: 8 minutesIntroduction It is not uncommon that parties to a commercial agreement include an arbitration clause to govern the way in which dispute is settled. In Giorgio Armani SpA v Elan Clothes Co Ltd [2019] HKCFI 530, in deciding an application by the plaintiff seeking the continuation of an anti-suit injunction against the defendant from taking any further […]
Reading Time: 2 minutesEmployment law in Myanmar is still a work in progress. Rather than a single labour code, a patchwork of labour legislation covers different aspects of the employment relationship. Currently, the rules and regulations regarding foreign workers are regularly changing and requirements by the authorities may vary from application to application. We understand that the Ministry […]
