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News & Analysis

Doing Business in the Philippines

04 April 2023 by SyCip Salazar Hernandez & Gatmaitan

This guide, which focuses on how foreign corporations can set up a legal presence in the Philippines, was first published in 2015, when our firm celebrated its 70th anniversary, and this most recent update was prepared in connection with our 78th anniversary celebrations.

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

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

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

Resolving the conflict between section 3(d) and section 3(e)

23 March 2023 by LexOrbis - DPS Parmar

It is generally known and understood that every exception in the act should stand on its own footing. Two seemingly similar provisions in legal sense cannot lean back on one another to fortify the argument favouring the exception or otherwise. This seemingly sound argument suffers the close scrutiny of the Delhi High court in Best Agrolife Limited v Deputy Controller of Patents & Anr (WP(C)-IPD 11/2022 & CM 32/2022, 54/2022, 55/2022).

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

Missed deadline: Remedy under the Indian Patent Laws

07 February 2023 by LexOrbis - Manisha Singh (Partner) & Krishna Goyal (Associate)

The process to obtain a patent entails multiple stages from the filing of a patent application to the grant of the patent. There are various deadlines associated with each of these stages, such as the date of filing an application for the grant of patent and the date of filing the Request for Examination (RFE). The Indian Patent Office is very stringent for adherence to these deadlines, and failure to meet them may result in the rejection of a patent application. Thus, it is very important for a patent professional or an Applicant to cautiously meet the to avoid any adverse effect on the application. This article covers the consequences and remedies under the Indian patent laws in case any deadline associated with the patent application is missed.

News & Analysis

Guideline on New Anti-money Laundering Law

05 February 2023 by VILAF - Vietnam

While Vietnam remains a predominantly cash-based economy, its legal frame work on anti-money laundering, according to the Asian Pacific Group on Money Laundering (APG)’s assessment in its Mutual Evaluation Report dated January 2022, is still incomprehensive and limited, which makes the country itself vulnerable to risks of money laundering.

News & Analysis

India: Contemnor to pay INR 2 Crores to the plaintiffs in a patent infringement case

02 February 2023 by Anand and Anand

Pfizer Inc. and its group companies (“Pfizer”) filed a suit bearing no. CS (COMM) No. 442 of 2021 titled as Pfizer Inc. & Ors. v. Triveni Interchem Private Limited & Ors. before the Hon’ble Delhi High Court, for infringement of patent IN 218291 for the compound Palbociclib.

News & Analysis

Legacy Lawyers Secure Favorable Order before Himachal High Court

22 December 2022 by Legacy Law Offices

The dispute resolution team of Legacy Law Offices LLP recently obtained two favourable orders for its client Usha Breco Ltd., in the matters of Usha Breco Ltd. & another v. Municipal Corporation, Shimla & another, and Usha Breco Ltd. & another v. Department of Tourism & Civil Aviation & another before the Himachal Pradesh High Court.