Well-known trademarks in the PRC

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 […]

Time for Hong Kong to revisit the meaning of “dishonesty”

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 […]

Thailand: A Promising Location for Investment

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 […]

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Maintaining Beneficial Ownership Register – Cayman Islands and British Virgin Islands (BVI)

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 […]

Shipper not liable for trademark infringement: Louis Vuitton Malletier v Megastar Shipping Pte Ltd (PT Alvenindo Sukses Ekspress, Third Party) and Other Suits

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. […]

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Reduction of Government Fees for Corporate Registration in Thailand

Reading Time: 2 minutesIn order to promote and facilitate the Thailand’s ease of doing business as well as to improve Thailand’s ranking in the next evaluation of the World Bank, including to boost the country’s competitiveness and to increase the opportunity of Thailand to become an effective investment hub in Southeast Asia, the Ministry of Commerce has recently […]

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Cambodia Tax Update: Transfer Pricing – Interest Rates for Related Parties

Reading Time: 4 minutesInstruction 11946 issued by the General Department of Taxation (“GDT”) on the 21st of August 2018 (“Instruction 11946”) provides an important clarification regarding the determination of interest rates between related parties. Since the introduction of Circular 151 in early 2014 Cambodian taxpayers were historically able to receive and extend interest free loans to domestic as […]

Data Privacy: Obligations under the GDPR and ensuring compliance (Part 2 of 2)

Reading Time: 9 minutesWhat are the obligations under the GPDR? A company is required to comply with several conditions in order to lawfully process personal data pursuant to the GDPR provisions. The processing should be lawful and transparent, for a specified purpose, limited to the relevant data necessary in relation to this purpose, and appropriately secured. At a […]

Driverless Vehicles and The Blame Game: A Legal Conundrum

Reading Time: 5 minutesDriverless vehicles: A rising global trend Have you ever sat in a driverless vehicle? Of late, the march of the introduction of the autonomous or driverless vehicles has been relentless and unabated around the world. In line with the global move away from the polluting internal combustion engine to the environment friendly emission free electric-powered […]

Data Privacy: What is the GDPR and who does it apply to? (Part 1 of 2)

Reading Time: 5 minutesIntroduction Less than 20 years ago, three quarters of all stored information was in non-digital form: names were itemized on municipal registers, identification numbers were held in national healthcare systems, and passport numbers were recorded on immigration forms. Today, more than 98% of the world’s stored information is in digitized form: our collective ‘data’ now […]

Singapore Trade Marks-Starbucks Corporation v Morinaga Nyugyo Kabushiki Kaisha 2017 SGIPOS 18

Reading Time: 13 minutesIn a decision rendered by the Intellectual Property Office of Singapore (IPOS), IPOS held that Starbucks’ opposition against Morinaga Milk Industry Co., Ltd’s trade mark application failed on all grounds. (A) Who are the parties involved in this case? (1) Morinaga Nyugyo Kabushiki Kaisha (Morinaga Milk Industry Co., Ltd.) (Applicant)  Japanese manufacturer of dairy products […]

New era for companies from emerging and innovative sectors (HK)

Reading Time: 12 minutesIntroduction Back in February 2018, The Stock Exchange of Hong Kong Limited (the “Exchange”) issued a consultation paper titled “A Listing Regime for Companies from Emerging and Innovative Sectors” (the “Consultation Paper”) to set out proposals to expand the existing listing regime to facilitate the listing of companies from emerging and innovative sectors, subject to […]