Most Recent Articles
Hong Kong: A blow to the giant – Adidas loses trademark battle against Shoe Branding Europe BVBA
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 […]
Why was McDonald’s “BIG MAC” trade mark revoked in Europe?
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 […]
Advertising and promoting your business: What’s legal?
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 […]
SMU Lexicon: Versloot Dredging: Time for Singapore to follow the tide?
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 […]
Feature with Tan Ken Hwee, Chief Transformation and Innovation Officer, Office of Transformation and Innovation
Reading Time: 7 minutes“Inertia and complacency are probably the biggest threats at this time. There is a tendency to delay change until “tomorrow”. As they say, those who snooze will lose.” Tan Ken Hwee, currently the Chief Transformation and Innovation Officer for the Singapore Judiciary, first joined the Attorney-General’s Chambers (AGC) in 1995 as State Counsel and Deputy […]
Thailand: Know Your Rights Before Buying A Residential Unit In A Mixed-Use Project
Reading Time: 7 minutesLiving in the heart of a populated city or its periphery, close to important transport links, is a trend we are seeing more and more of in the major cites of Asia. Property developers in Thailand are responding with developments along these lines. The limited space around the city centre, rising land prices, and the […]
SMU Lexicon: Singapore’s Approach Towards Adopting the Multi-Factorial Approach in Insolvency Proceedings
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 […]
Feature with Celia Sia, Director, Hub Services, Singapore Economic Development Board
Reading Time: 4 minutes“I try to learn from everyone I encounter… When I observe someone do something great, I ask myself, how can I do that or be that as well?” Celia Sia, a former lawyer at Rajah & Tann, left practice to join the Economic Development Board (EDB). She was subsequently seconded to the Ministry of Law […]
Variation of a Mareva injunction may not override legitimate interests of third parties
Reading Time: 6 minutesIntroduction In Securities And Futures Commission v Mo Shau Wah And Others [2018] 3 HKLRD 356, the Court of Appeal (“CA”) dismissed an appeal brought by Mo Shau Wah (“Mo”) in relation to a Mareva injunction obtained against her in proceedings brought by the Securities and Futures Commission (“SFC”), against the dismissal of her application for an […]
Vietnam Legal Update: Proposed Solar Feed-In-Tariffs
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 […]
Hong Kong: Gay civil servant wins final appeal on spousal benefits for husband
Reading Time: 7 minutesIntroduction We discussed the judgment of the Court of First Instance (“CFI”) in Leung Chun Kwong v Secretary for the Civil Service and Another [2017] CFI 736; HCAL 258/2015 and also its appeal judgment of the Court of Appeal (“CA”) ([2018] HKCA 318; CACV 126/2017) respectively in our Newsletters June 2017 and June 2018 issues. This year, the appellant (“Mr Leung”) […]
SMU Lexicon: Assistance in Public Lotteries: The Approach in Bijabahadur
Reading Time: 11 minutesIntroduction In the 19th century, illegal gaming activities managed by syndicates were part of the general crime that was rampant in Singapore (then known as the Straits Settlement). This was a serious problem as the early inhabitants of Singapore became addicted to gambling, leading to undesirable outcomes.[1] Gambling activities came to be regarded as vices […]
Personal
SMU Lexicon: A Non-parent’s Maintenance Obligation
Reading Time: 7 minutesIntroduction Imagine you marry someone with a child from a prior relationship. Initially, you do not mind caring for this child. Then, your marriage sours and you no longer want anything to do with your spouse or the child. However, can your initial conduct of caring for the child unknowingly saddle you with a legal […]
Business
Singapore’s latest push as a restructuring and insolvency hub – Amendments to SICC rules
Reading Time: 3 minutesSingapore has earned a budding reputation as a hub for debt restructuring and insolvency in Asia, with its transparent legal system and judicial expertise. This growth can also be attributed to enduring efforts to innovate and reform. To enhance Singapore as a forum of choice in international restructuring and insolvency proceedings, the Rules of Court […]
Most Common and Confusing Legal Words (Legalese) Explained Simply 
Pornography: How Legal is it in Singapore? 
What’s the difference between advocates, solicitors, barristers, counsels, notaries, lawyers and att... 
What constitutes acceptance of a contract? 
Can WhatsApp messages be used in court in Singapore? -
A Summary of “The Rule Of Law” by Tom Bingham: Part 1 
Breaking your rental lease early in Singapore - Hard-selling of beauty services and treatments gone wrong? Here’s how you can get your refund.
“Traditional” vs. “Design and Build” Contracts: What’s the Difference? 
A Guide to Sub-Contracts in the Building and Construction Industry
