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Showing posts from March, 2015

India: A Fresh Perspective on Trademark

Originally posted on Mondaq

Registration of trademark provides the rights to the proprietor to take action against the misuse of his trademark. The registration of trademark under Trademark Act, 1999 is held to be valid in all legal proceedings under section 31. The same section came into the observation of the Hon'ble Bombay High Court in a recent Judgment in Lupin ltd and Anr vs Johnson & Johnson and Anr wherein court dealt in detail regarding the validity of the trademarks challenged by the de-fendant at the interlocutory stage of the proceedings. Although the law regarding the validity of a registered trademark is dealt with in a number of cases but the observation of the Court in the instant case is quite refreshing as it interpreted the section with a fresh perspective. The observation made by the court might not be final law on this section but the same has provided a new dimension which would be considered by the superior court before coming to a conclusio…

Hear It From The Expert: Professor Huyen Pham On Teaching U.S. Law In Vietnam

This week's Hear It From The Expert features Professor Huyen Pham from Texas A&M University School of Law. Professor Pham was born in Vietnam but later moved to the United States with her family when she was five years old. Earning both her A.B. in social studies from Harvard College and her J.D. from Harvard Law School, Professor Pham is a life-long scholar who devotes her time to promote public service and social justice in developing countries. In 2010, Professor Pham and her husband, who is also in academia, got Fulbright Scholarships; together, they went back to Vietnam to teach for a year. Professor Pham has shared her experience with Law Girl International and you should check it out below. 

Q: Why are you interested in going back to Vietnam every summer to teach U.S. law? A: I have both personal and professional interests in Vietnam. Vietnam is my country of birth so we have family and friends who live there, and I want to maintain those friendships and connections. I h…

China: Taxation Of Indirect Sales Of Chinese Investments

Originally posted on Mondaq China amends its tax rules on indirect transfers of Chinese investments As anticipated, on 6 February 2015, China's State Administration of Taxation (SAT) issued Public Notice [2015] No. 7 ("Public Notice 7") dealing with indirect transfers of Chinese taxable assets. It substantially replaces Circular 698 and Bulletin 24 and introduces a new reporting regime which is significantly different from the previous rules. Public Notice 7 has retroactive effect to indirect transfers which have occurred since 1 January 2008 but have not yet been decided upon by the Chinese tax authorities. What is this about? If a foreign investor sells or reorganizes shares (and equity-like interests) in another foreign company ("Foreign Company") which directly or indirectly holds Chinese taxable assets, and if this effectively has a similar effect to directly transferring these Chinese assets, then any gain attributable to the Chinese assets will be subjec…

Australia: Government grants available for exporters

Originally posted on MondaqThe Australian Government offers a financial assistance program for aspiring and current exporters to cover the costs associated with export promotion activities; the Export Market Development Grants (EMDG) scheme.
The scheme has now been expanded to cover up to 50% of eligible export promotion expenses after the first $5,000 provided that the total expenses are at least $15,000. The initial payment ceiling for the grant year 2013–14 for the EMDG scheme is $60,000. Exporters with entitlements above this amount will receive a second payment at the end of June 2015. The 2014–14 grant year is currently open until 1 December 2014.
Protecting intellectual property rights internationally can be vital to success in overseas markets. Trade marks provide protection for the brand of a business. As many countries now operate on a first-to-file basis, where the first person to file a trade mark application obtains ownership of the mark, it can be desirable to obtain tra…

Hong Kong Budget After the Umbrella Revolution

Originally posted on Mondaq Two months after the dust of the Umbrella Revolution settled, the Hong Kong government tabled its annual budget with measures to tackle the negative impact and sentiment brought by the event. For the coming year, the city's administration projects its nominal gross domestic product (GDP) to grow at 2.5% to 4.5% (real GDP at of 1% to 3%), with 3% to 3.5% inflation.
HK Financial Secretary John Tsang expects government revenue to reach US$61.5bn on the back of US$56.8bn in expenditure. An estimated surplus of US$4.7bn would mark the twelfth consecutive balanced budget for the cash-rich city and bring its fiscal reserves to a staggering US$110.3bn by the end of the next financial year (sufficient to accommodate 23 months of government expenditure). More

Vietnam: The Application Of Investment Procedure And Conditions For Foreign Investors Under The New Investment Law

Originally posted on Mondaq The National Assembly recently adopted the Law on Investment ("LoI") which will take effect on 1 July 2015. The LoI specifies that investment procedures and conditions that a corporate entity must fulfill vary depending on the percentage of foreign-owned capital in that entity. In particular, Article 23 of the LoI provides that a company must comply with investment procedures and conditions applicable to foreign investors if: a. 51% of charter capital or more is held by foreign investors, or the majority of the general partners are foreigners if the company is a partnership; b. 51% of charter capital or more is held by companies mentioned in item (a); or c. 51% of charter capital or more is held in aggregate by foreign investors and companies mentioned in item (a). Other than the entities specified above, corporate entities should comply with investment procedures and conditions applicable to domestic investors.
Read more about this great article…

Singapore: The Singapore International Commercial Court: Singapore A New Hub For International Dispute Resolution

Originally posted on MondaqGreat article by Ian Roberts and Nicholas Sykes. Check it out here.

On 5 January 2015, the Singapore International Commercial Court ("SICC") was officially opened at the commencement of Singapore's legal year. The establishment of the SICC compliments Singapore's pre-existing ADR institutions (the Singapore International Mediation Centre (opened in November 2014) and the Singapore International Arbitration Centre). The country now provides a full suite of dispute resolution options for commercial parties, not just from Asia, but worldwide.