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News & Analysis

Trademark trolling and its Perils - a note of caution

02 November 2022 by Rahul Chaudhry & Partners - Shireen Sidhu

In today’s interconnected global economy, securing protection over Intellectual Property assets has become an indispensable requirement for businesses at various levels. Trademarks being one of the most important instrument of IP and valuable intangible asset to business in today’s era, functions as a source identifier for distinguishing the goods and services of one entity from those of others.

News & Analysis

Manufacturer and Distributor Provisions based on GR No.29/2021 and MOT Regulation No.24/2021

14 October 2022 by Melli Darsa & Co - Indonesia

Last year, the Minister of Trade (“MOT”) issued the MOT Regulation No. 24 of 2021 (“MOT Regulation 24/2021”) on Agreements for Distribution of Goods by Distributors or Agents, which revokes and replaces the MOT Regulation No. 11/M-DAG/PER/3/2006 (“MOT Regulation 11/2006”). MOT Regulation 24/2021 was issued as an implementing regulation of Government Regulation No. 29 of 2021 on Implementation of the Trade Sector (“GR 29/2021”).

News & Analysis

The Implementation of the Presidential Regulation on Renewable Energy: The Beginning of the Transition from Coal Fired Power Plants to Renewable Energy Power Plants

09 October 2022 by Makarim & Taira S - Indonesia

President Joko Widodo has just issued Presidential Regulation No. 112 of 2022 on the Acceleration of Renewable Energy Development for the Supply of Power which came into effect on 13 September 2022. The PR on Renewable Energy introduces key major provisions which may significantly affect the electric power industry, especially with the phasing out of coal-fired power plants, and urges prioritizing the development of renewable energy power plants. These advisory highlights the key provisions.

News & Analysis

Indonesia’s Personal Data Protection Law Finally Enacted

26 September 2022 by Makarim & Taira S - Indonesia

After extensive discussions and multiple changes to the draft bill since 2016, the Indonesian House of Representatives passed the draft bill on Personal Data Protection on 20 September 2022 (“Personal Data Protection Law”). The Personal Data Protection Law will be the basis of the regulations on personal data protection and this advisory highlights the key provisions.

News & Analysis

Law and punitive damages in IP suits in India

20 September 2022 by Rahul Chaudhry & Partners - Vanshika Arora

In India, for intellectual property (IP) disputes, the statutes and courts have always been more focused on compensatory damages, i.e., compensating the aggrieved party to help them restore their position. This approach has led to a lack in the IP regime as it did not effectively achieve the twin objective of compensation and deterrence.

News & Analysis

New Financial Service Authority Regulation on Peer-to-Peer Lending

06 September 2022 by Makarim & Taira S - Indonesia

The ever-growing industry of Peer-to-Peer Lending (“P2P Lending”) has driven the Financial Services Authority (Otoritas Jasa Keuangan – “OJK”) to issue OJK Regulation No. 10/POJK.05/2022 on Technology-Based Collective Financing Services, which came into force on 4 July 2022. The regulation provides more detailed and extensive provisions to cater with the rapid development of the industry. This advisory serves as a brief introduction to the regulation, in order to gauge the new regulatory framework for P2P Lending and how it differs from its predecessor, including the transition period for existing P2P Lending Providers to comply with the new requirements under this regulation.

News & Analysis

Recent Changes to the Scope of Available Discovery in International Arbitration

05 September 2022 by Jipyong - South Korea

Corporations often turn to arbitration to manage risks of being hauled into unfamiliar national courts and unpredictable laws. An often overlooked consequence of choosing arbitration is that available discovery may be limited, as a trade-off to efficiency and cost-saving. But in many civil law jurisdictions such as South Korea, discovery practice may be more limited than arbitral proceedings seated in common law jurisdictions or governed by their laws. In this regard, discovery in U.S. litigation stands out unparalleled.

News & Analysis

LG Energy Solution’s IPO and Listing on the Korea Exchange’s KOSPI Market

26 August 2022 by Kim & Chang - South Korea

Kim & Chang acted as counsel for LG Energy Solution in its IPO to list its shares on the Korea Exchange's KOSPI Market. LG Energy Solution is one of the global leaders in the rechargeable battery industry with production and R&D networks around the world.

News & Analysis

Disclaimer as an instrument of amendment under Section 59

23 August 2022 by LexOrbis - DPS Parmar

In normal circumstances a patentee/patent applicant resists and rather abhor curtailing or pruning of the claims of their invention. The recourse to the use instrument of disclaimer is adopted by the patent applicant/patent in extreme cases where the objection to clarify the exact scope of the invention is called into question, when they are faced with the refusal /invalidity of their patent claims.

News & Analysis

Financial Regulation Innovation: Policy Direction of FSC

16 August 2022 by Lee & Ko - South Korea

Lee & Ko’s Digital Finance Team takes a close look at the establishment of the Financial Regulation Innovation Council, the direction of the financial regulation innovation announced by the Financial Services Commission, and the points to consider in relation to future improvements to financial regulations.