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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

Legal Alert: Indonesia – New Merger Filing Regulation

13 April 2023 by SSEK Law Firm

Indonesia’s competition authority, the KPPU (Komisi Pengawas Persaingan Usaha), has issued a new merger filing regulation, KPPU Regulation No. 3 of 2023 regarding Evaluation of Merger, Consolidation, or Acquisition of Shares and/or Assets which May Result in Monopolistic Practices and/or Unfair Competition (“KPPU Reg 3/2023”). Because this regulation is so new, certain provisions may require further clarification. Nonetheless, based on the text of the regulation, the following appear to be the biggest changes under KPPU Reg 3/2023

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 the Digital Asset Dispute Resolution landscape

12 April 2023 by Singularity Legal

Singularity Legal is hosting a quarterly training series under the banner of Expert Talk, an initiative seeking to provide quality continued digital education to professionals, through freely accessible webinars, and a digital library of blogs, alerts, insights and talks on dispute resolution and litigation finance. The series is to help clients and peers navigate complex disputes.

News & Analysis

DSK Legal appoints 4 Partners and 3 Associate Partners

03 April 2023 by DSK Legal - India

DSK Legal has promoted Associate Partners Abhishek Singh Baghel, Jayesh Kothari, Mitali Naik and Nakul Batra as Partners; and Principal Associates Akanksha Tiwary, Prachi Garg and Prachi Gupta as Associate Partners.

News & Analysis

Enforcement of Store Layout Trademarks in India – An uphill battle for brand owners

28 March 2023 by Rahul Chaudhry & Partners - Farhaan Rizvi

A visually appealing store is a crucial asset for any business aiming to provide a consistent quality of goods and services across its stores . These stores featuring a distinct theme design commonly seen on their signage, wall arts, overall décor etc. not only reflects a cohesive brand imagery of the business but also create a lasting impression on the customers, strengthening their brand recall value.

News & Analysis

New Financial Sector Omnibus Law: Capital Market, Money Market, and Forex Market

27 March 2023 by Makarim & Taira S - Indonesia

Our dedicated series on the P2SK Law continues with our latest Advisory, which explores the changes brought by Chapter V, amending the Capital Market, Money Market, and Forex Market. Following the enactment of the P2SK Law, we can expect many new implementing regulations in the financial sector. Participants in the financial markets should anticipate compliance changes and prepare to quickly adapt to any necessary adjustments.

News & Analysis

Overview of Private Investment to Indonesia’s New Capital City: Ibu Kota Nusantara (IKN)

27 March 2023 by Makarim & Taira S - Indonesia

The Government of Indonesia moves forward the development of Indonesia’s new capital city, namely Ibu Kota Nusantara (“IKN”) by issuing several underlying regulations to date in effort to encourage the participation of private sector in accelerating the infrastructure development of the IKN. One of them being the groundworks to implement the public-private partnerships in such development. With a total cost estimate of more than IDR460 trillion (or approximately USD30 billion), the five-stages development of IKN is targeted to be 80% funded from non-State Budget and therefore can be expected to attract private investors participation in it. This advisory provides an overview of the funding schemes and private sector participation in the development of IKN.

News & Analysis

DeHeng Strengthens Position in Hong Kong with Merger with Respected Local Firm Chungs Lawyers to Form DeHeng Law Offices (Hong Kong) LLP

24 March 2023 by Chungs Lawyers in association with DeHeng Law Offices - Hong Kong

DeHeng Law Offices (“DeHeng”), one of the largest Chinese law firms with a global presence, recently announced the successful completion of its merger with a local law firm in Hong Kong, as part of its efforts to enhance its service offerings in the Asian financial hub.

News & Analysis

Personal Data Protection Law: Cross-Border Transfer Requirements

24 March 2023 by Makarim & Taira S - Indonesia

Following our previous Advisory on Indonesia’s long-awaited Law No. 27 of 2022 on Personal Data Protection (the “PDP Law”) (view the Advisory here), this Advisory focuses on the transfer of personal data from Indonesia to other countries (cross-border transfers). The PDP Law is binding on all parties that process or control personal data in or outside Indonesia with a legal impact in Indonesia or on Indonesian data subjects. Companies must comply with the PDP Law to protect the rights of data subjects during cross-border data transfers. Full compliance is required by October 17, 2024, with a two-year transitional period as of the law's enactment.