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DEAL OF THE MONTH - MAY 2023

18 May 2023 by asialaw

asialaw's Deal of the Month for May 2023 is...

News & Analysis

DHC on irrational reasoning and requirements in patent refusal orders

04 May 2023 by Rahul Chaudhry & Partners - Madhuri Gupta, Senior Associate, Patents team

In a recent Judgement, the Delhi High Court (“Court”) decided on an appeal filed by Microsoft Corporation to set aside the decision of Controller General of Patents and Designs (“Controller”) dated 05th March 2012 refusing the grant of Indian patent application 487/DELNP/2006 (“subject patent”) under Section 15 of the Patents Act.

News & Analysis

Listing in Hong Kong of a World Bank catastrophe bond

21 April 2023 by LC Lawyers - Rossana Chu (Managing partner)

Hong Kong has taken another step in developing the city as a leading international risk management center. On 28 March 2023, a US$350 million World Bank catastrophe bond was listed on the Hong Kong Stock Exchange .

News & Analysis

Product Hopping and Ever-Greening of Patents in India

20 April 2023 by LexOrbis - Arun Kumar (Managing associate)

The Indian pharmaceutical market is one of the largest markets in the globe, both in terms of production and consumption. Several changes have been made to the patent and competition law due to the increasing challenges in the pharmaceutical market that directly impact the profit margin of pharmaceutical manufacturers. To increase these margins, pharmaceutical product manufacturing firms employ a variety of strategies. This article investigates the concept of “product hopping” and compares it with the practice of patent evergreening.

News & Analysis

Judicial trend of copyright Protection for Character Merchandising in India

12 April 2023 by Rahul Chaudhry & Partners - Pallavi Dora

Character Merchandising is a new age business phenomenon to commercially exploit the famous comic characters in garb of generating revenue and fetch profit by using the pictures, voice dialogues of famous characters / personalities of which the general public are emotionally connected. The evolution of the character merchandising was by the famous company – Walt Disney Studios in 1930’s when they licensed the famous character like Mickey Minnie and Donald duck. Technological advancement and channels devoted to children entertainment has created a demand in the market and influenced the said segment to buy the product as the general public get attached to the character.

News & Analysis

Demystifying SEBI`s consultation papers on alternative investment funds

15 March 2023 by Juris Corp - Apurva Kanvinde, Mannan Gala

Over the last few years, alternative investment funds (“AIFs”) have emerged as an integral class of investors. As part of the ongoing efforts of the Securities Exchange Board of India ("SEBI") to evaluate and further ease the regulatory landscape for AIFs in India, SEBI has released five consultation papers, each of which covers a different element of the AIF norms and also includes a suggestion for an alternative review. The objective of the consultation papers is to seek comments / inputs / suggestions from all stakeholders on the proposals presented by SEBI.

News & Analysis

Insolvency of personal guarantors – which NCLT is right?!

14 March 2023 by Juris Corp - Jayesh H, Sharmistha Ghosh, Palak Nenwani

Application seeking initiation of insolvency against personal guarantors (of a corporate debtor) can be filed before the National Company Law Tribunal (“NCLT”). The question is which NCLT will have appropriate jurisdiction. The Supreme Court of India (“Supreme Court”) has resolved (!) this issue in the matter of Mahendra Kumar Jajodia versus State Bank of India (“Jajodia case”).

News & Analysis

DSK Legal successfully advises Railway Board, Ministry of Railways

01 March 2023 by DSK Legal - India

DSK Legal has successfully advised and assisted the Railway Board, Ministry of Railways in a ₹26,000 crore ($3.25 billion) project, relating to supply and maintenance of electric locomotives for freight movement in India, to be executed by global engineering and technology firm Siemens in collaboration with the Indian Railways.

News & Analysis

Anand and Anand launches ‘Digital Group’

20 February 2023 by Anand and Anand - India

In its centenary year, Tier I full-service Intellectual Property firm Anand and Anand today announced the launch of its ‘Digital Group’.

News & Analysis

Korean Tax Law and Regulation Updates for 2023

20 February 2023 by Lee & Ko - South Korea

Korea’s latest tax reforms package was approved by the National Assembly in December 2022, with further details made clear by the Presidential Enforcement Decree which was published in January 2023. Before going into the details of the Korean tax reforms for 2023, it is important to consider the wider global context and domestic political context in which these reforms have been made, in order to understand some of the rationale underlying the reforms.