Reading Time: 3 minutesIntroduction In a recent judgement of Tahir Kashif v Safdar Nasar Mahmud [2018] HKDC 600 (the “Tahir Case”), the applicant for employees’ compensation is an asylum seeker from Pakistan. Under the laws of Hong Kong, he is prohibited from engaging in any employment. The Court needs to consider whether (and if so, how) to exercise its power […]
Reading Time: 2 minutesOn 10 October 2018, the Thai government announced the cessation of the International Headquarters (“IHQs”) program (which also included Regional Operating Headquarters or “ROHs” and International Trading Centers or “ITCs”) and the creation of a replacement initiative; International Business Centers (“IBCs”). The move is part the OECD Inclusive Framework for Base Erosion and Profit Shifting (“BEPS“). […]
Reading Time: 3 minutesOn 7 September 2018, the Ministry of Construction of the Union Government of Myanmar (“MOC”) officially opened the Request for Qualifications (“RFQ”) phase of the USD 400 Million Yangon Elevated Expressway Project (“the Project”). The Project is set to be one of the largest infrastructure projects ever undertaken in Myanmar and will take the form […]
Reading Time: 3 minutesThe Ministry of Justice, the Supreme People’s Procuracy and the Supreme People’s Court issued Joint Circular No. 07/2018/TTLT-BTP-VKSNDTC-TANDTC dated 12 June 2018, on cooperation in enforcement of court’s decisions on bankruptcy settlements (“Joint Circular 07”), which came into effect on 1 August 2018. Joint Circular 07 sets forth new guidelines on cooperation in the procedures […]
Reading Time: 8 minutesIntroduction The interplay between law and policy has long been a bone of contention in the courts, underpinned by the famous declaration that public policy is an “unruly horse” – once you are astride it, it may lead you astray from the sound law.[1] This could be said to be particularly pertinent to the defence […]
Reading Time: 9 minutesIn a decision rendered by an Assistant Registrar at the Intellectual Property Office of Singapore (IPOS), IPOS held that an application for declaration of invalidity of Royal County of Berkshire Polo Club Ltd’s trade mark failed on all grounds. (A) Who are the parties involved in this case? The Polo/Lauren Company, L.P. (Applicant) A limited […]
Reading Time: 6 minutesIn a decision handed down recently, the Court of Final Appeal quashed the jail terms of Joshua Wong Chi Fung and his two allies imposed by the Court of Appeal but made it clear that the stricter sentencing guidelines laid down by the Court of Appeal will apply to future offenders involved in large scale […]
Reading Time: 4 minutesWell-known trademark recognition is a tool that offers a much broader scope of protection to trademark owners than those offered by normal registered trademarks. Having the well-known trademark status means that the mark has acquired high reputation and influence among the public through extensive and continuous use and has been recognised by the relevant public […]
Reading Time: 5 minutesBackground “Dishonesty” is an element to be established by the prosecution in a number of criminal offences, including theft and conspiracy to defraud. R v Ghosh [1982] QB 1053 had been a landmark case formulating the two-stage test on “dishonesty” as a direction to jury (the “Ghosh directions”), which comprised of: Whether the defendant’s conduct was dishonest […]
Reading Time: 3 minutesEven against the background of significant changes of the political landscape in Thailand over the past years, as well as the shortage of skilled workers, the country is still regarded amongst one of the best destinations in ASEAN for foreign investment. Thailand is the second largest, highly diversified economy in ASEAN after Indonesia and the […]
Reading Time: 9 minutesIntroduction Following the Government of the Virgin Islands’ report on the public consultation of beneficial ownership of legal entities published in February 2015, the Beneficial Ownership Secure Search System Act 2017 was enacted and came into force on 30 June 2017, which requires certain BVI companies to obtain and maintain updated beneficial ownership information, by […]
Reading Time: 11 minutesIn a decision rendered by George Wei J, the Singapore High Court held that a freight forwarder was not liable for trade mark infringement in respect of counterfeit goods that were imported into Singapore and meant to be sent to a third party in Batam. (A) Who are the parties involved in this case? 1. […]
