? Vantage Asia – 含羞草社区 Mon, 07 Oct 2024 07:23:24 +0000 en-US hourly 1 /wp-content/uploads/2023/12/Topics_favicon-150x150.png Vantage Asia – 含羞草社区 32 32 The threshold of change /the-threshold-of-change/ /the-threshold-of-change/#respond Thu, 11 May 2023 02:52:20 +0000 /the-threshold-of-change/ Home-grown and foreign companies in China are both benefiting from the country’蝉 progressive legislative reforms in intellectual property protection. But they also face new challenges as rapid technological advancements usher in a new era. Sophia Luo reports The digital economy is developing at a bewildering rate and with it the business landscape is increasingly diversifying.

The post The threshold of change appeared first on 含羞草社区.

]]> Home-grown and foreign companies in China are both benefiting from the country’蝉 progressive legislative reforms in intellectual property protection. But they also face new challenges as rapid technological advancements usher in a new era. Sophia Luo reports

The digital economy is developing at a bewildering rate and with it the business landscape is increasingly diversifying. With the rapid emergence of new business models and practices, and the prevalence of infringement issues, the intellectual property (IP) industry in China is facing a plethora of fresh opportunities and challenges.

To this end, the high-profile new round of amendments to the Trademark Law and Anti-Unfair Competition Law not only pave the way for more robust IP protection, but also bring a higher level of uncertainty around enterprises’ IP planning and compliance strategies. In particular, the legislative values conveyed by the proposed revisions deserve close attention and timely action from businesses.

The hot spots in the era of the digital economy also vividly manifest themselves in judicial practice. Relevant cases involving the types of IP, judgments of damages, determinations of jurisdiction, determination standards, trial efficiency and so on offer a wealth of knowledge for enterprises.

Meanwhile, foreign companies in China have benefited from strengthened legislation and judicial practices, resulting in some encouraging changes in IP protection.

Amid the disruptive evolution of artificial intelligence, it is crucial for enterprises to comprehend the associated risks and take necessary precautions with compliance.

Riding high on the trend of IP co-governance, enterprises now are encouraged to be more proactive in joining efforts with e-commerce platforms to deepen co-operation and exploration in onshore and offshore IP protection.

LEGISLATIVE UPDATES ON HORIZON

As a crucial event in the domestic IP field, the Trademark Law welcomed its fifth round of revisions earlier this year since it was introduced back in 1983, as the China National Intellectual Property Administration (CNIPA) issued a draft amendment to the law seeking public opinion in January 2023.

The proposed revisions strengthen the regulation on malicious pre-emption of trademarks. Guo Chunfei, a senior partner of Tiantai Law Firm in Beijing, says that companies should pay particular attention to the legal boundary of “applying for trademark registration in large numbers not for the purpose of use”.

“Disrupting the normal order of trademark registration” is ambiguous to some extent, she says, and the judging standard can be subjective, which may have a certain impact on an enterprise’蝉 application filed to prevent someone else from applying in goods or services unrelated to the mark of the owner, and pre-application of a trademark by a company for a realistic future business.

Meanwhile, the draft amendment reinforces the protection of well-known trademarks. Guo says that companies will no longer be able to use well-known trademarks not registered in China to “piggyback their popularity” on different kinds of goods.

Guo Chunfei, Tiantai Law Firm

The draft further strengthens the obligation to standardise the use of trademarks. For instance, it stipulates that every five years after the registration of a trademark, the registrant should explain how the trademark has been used, or the valid reasons for its non-use, to the IP administrative authorities. Otherwise, it may face the risk of trademark cancellation.

“Although the clause can indeed reduce the occurrence of the old problem involving non-use of trademarks after registration, like defensive trademarks, it will undoubtedly increase the burden on both companies and IP administrative authorities, and this is coupled with a lack of supporting regulations,” says Guo.

“Hence, it remains to be seen how this clause will be structured in the final version. Enterprises should be aware of the legislative value of attaching importance to the actual use of trademarks conveyed by the revised draft.”

Regarding the “principle of prohibition of repeated registration”, which is considered a major breakthrough in the proposed amendments to the Trademark Law, Rong Chao, an IP expert and partner at Boss & Young in Shanghai, says it will make rights holders discard the idea of duplicate registrations and could to some extent tackle the problem regarding entanglements of procedures.

Zhao Gang, Zhong Lun Law Firm

But in practice, Zhao Gang, an equity partner at Zhong Lun Law Firm in Beijing, says the repeated registrations of trademarks by many companies are meant to address procedural idling – where cases may have to go through various departments including patent and trademark offices, and the courts, which may delay final adjudication on matters – facing prior applications or registered trademarks.

“In the absence of an effective solution to the procedural idling issue, the direct introduction of the principle will have a significant impact on the overall arrangements of trademarks for companies and their access to getting trademark registered,” says Zhao.

“Disputes may emerge over the determination of ‘same trademark’ and ‘same goods and services’ according to the draft, and the requirement for applicants to prove the exception of repeated applications increases the burden of proof,” he explains.

In light of many significant adjustments and breakthroughs in the existing Trademark Law from the proposed amendments, and with many enterprises going global and pressing ahead with their overall planning of trademarks, Hatty Cui, the general manager of IP specialist Rouse China in Beijing, says companies “should also evaluate the stability and certainty as to overseas trademark application on the basis of trademark registration or application in China”.

In addition to the Trademark Law, the latest proposed revisions of another piece of legislation will also boost IP protection. The new round of amendments to the Anti-Unfair Competition Law comes as a well-timed response to new unfair competition behaviour, with the State Administration for Market Regulation publishing its draft for comment in November last year.

Zhao, of Zhong Lun, says the draft expands and perfects the categories of regulated unfair competition in the digital economy and other fields. This includes webpage designs, self-media names, application/software names or icons, and commercial marks that hold a certain level of influence.

The particular emphasis of the draft amendment on the issue of administrative protection of trade secrets sends a meaningful signal that is worthy of companies’ attention.

Zou Wen, Fangda Partners

Zou Wen, a partner at Fangda Partners in Shenzhen, says that the industry previously focused more on civil protection, criminal protection and problems at the intersection of criminal and civil affairs.

Stronger administrative protection of trade secrets is a benefit, but on the other side of the coin, she says, “Companies may be caught in civil, criminal and administrative risks of infringing others’ trade secrets due to the introduction of talent, technology or improper behaviour of employees, so there is a need to build compliance in advance to mitigate relevant risks”.

In accordance with legislative procedure, it may take three to five years for the revised draft to become a formal law, during which time the relevant provisions may still be subject to changes. However, Guo, of Tiantai, stresses that the revisions themselves often reflect practical issues of concern to the legislative authorities, and even if they end up not passing in their entirety, enterprises should closely watch, comprehend and strengthen the management of relevant compliance.

NOTABLE JUDICIAL WINDS

In line with reforms in IP legislation, a good many new trends in various aspects of judicial practice are worth noting.

Guo cites statistics from the latest annual report of the Intellectual Property Court of the Supreme People’蝉 Court (SPC) for 2022, which finds that 53.5% of the newly accepted second-instance substantive civil disputes in 2022 were invention and utility model patent infringement cases.

Disputes relating to new industries and fields – such as new-generation information technology, biomedicine, high-end equipment manufacturing, standard essential patents (SEPs), drug patent linkage, layout design of integrated circuits, and new plant varieties – have all increased significantly.

When it comes to court jurisdiction, Zhao, of Zhong Lun, suggests that companies should be aware that the current understanding of the courts on “information network infringement” has changed, so they can choose the right court to hear their cases.

In a trademark infringement dispute recently handled by Zhao and his team, the plaintiff they represented – a tech company based in Zhejiang province – filed a lawsuit against the defendant, a consulting service firm in Shaanxi province, for using the same or similar logo to the plaintiff’蝉 registered trademark in the defendant’蝉 WeChat official account.

In this case, the defendant’蝉 infringing acts were committed on the internet and the damage was also related to the internet. However, when determining jurisdiction of the case, the court of the plaintiff’s residence held that such infringement fell into the category of “information network infringement” and could not be under its jurisdiction.

In a further demonstration of the judiciary’蝉 clear attitude toward jurisdictional rule reform, Guo cites the SPC Civil Ruling No. 42, in August last year, as an example of the controversies and considerations surrounding the jurisdiction of IP litigation.

In this copyright-related information network infringement case, the defendant’蝉 jurisdictional objection has been handled through a dramatic process. Guo says that “the SPC ruling has changed the years-long situation of judicial practice where the court of both the plaintiff’蝉 domicile and the defendant’蝉 domiciles had jurisdiction over information network disputes. It makes clear that for disputes over the right of domestic information network communication, where the defendant’蝉 domicile can be confirmed, the court where the plaintiff is located has no jurisdiction.” The significance of such a case as a role model also makes it listed in the 50 typical IP cases of Chinese courts in 2022.

In terms of granting compensation, courts have been proactively exploring the “dual-track compensation system”, which applies both punitive and statutory damages.

Guo, of Tiantai, says when determining the amount of compensation in?JUKI Corporation v Zhejiang Jukai Sewing Sci-Tech (2022), based on the defendant’蝉 subjective intention of infringement and the circumstances of infringement, the Shanghai Intellectual Property Court applied punitive damages set at three times the compensatory damages to the ascertainable part of overseas exports, and statutory damages to the unascertainable part.

The past year has seen an increase in the number of new objects protected as trade secrets.

Zou, of Fangda, cites three cases concluded by the Shenzhen Intermediate People’蝉 Court, the Hangzhou Intermediate People’蝉 Court and the SPC in 2022 to deduct that algorithms, real-time backend data on livestreaming platforms, and parents of hybrid varieties can all be protected by law as trade secrets. “This trend, and related cases, have important implications for companies to determine the scope of protection for their trade secrets,” she says.

Not only is the number of trade secret cases on the rise, but the difficulty of infringement determination is on the decline. Zhao Ye, a partner at Jingtian & Gongcheng in Beijing, says that courts at all levels have actively explored rules for determining the infringement of trade secrets, especially for weak links in the protection of technical secrets, and made the most of various means to reduce the burden of proof for rights holders.

Zhao says an example was a case concluded by the SPC in 2021, where the court held that the rights holder could claim that the whole set of, as well as one or some of, the technical information recorded in the drawings belonged to the technical secret.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。

已有集团订阅，可点击此处继续浏览。
如对集团订阅感兴趣，请联络我们。

The post The threshold of change appeared first on 含羞草社区.

]]> /the-threshold-of-change/feed/ 0 LL-Partners-dissolves-litigation-arm-hires-Verus-founding-partner Zhao-Ye-Jingtian-Gongcheng Gui-Jinling-Chang-Tsi-Partners ‘Legal icon’ Rajiv Luthra passes away /legal-icon-rajiv-luthra-passes-away/ /legal-icon-rajiv-luthra-passes-away/#respond Thu, 11 May 2023 02:52:20 +0000 /legal-icon-rajiv-luthra-passes-away/ Rajiv Luthra, a prominent Indian lawyer and founder of Luthra and Luthra Law Offices, passed away on 10 May at the age of 65. “It is with great sadness and a heavy heart that we inform of the demise of our beloved founder and managing partner – Rajiv K Luthra,” said a statement from Luthra

The post ‘Legal icon’ Rajiv Luthra passes away appeared first on 含羞草社区.

]]> Rajiv Luthra, a prominent Indian lawyer and founder of Luthra and Luthra Law Offices, passed away on 10 May at the age of 65.

“It is with great sadness and a heavy heart that we inform of the demise of our beloved founder and managing partner – Rajiv K Luthra,” said a statement from Luthra and Luthra. “A visionary, philanthropist, a benevolent soul and a heart full of love and forgiveness, Mr Luthra was an accomplished lawyer and an incredible human … He will be remembered for his magnanimity, ethics, leadership and larger-than-life personality and will be greatly missed by all.”

Born in Delhi on 1?August 1957, Mr Luthra completed his law degree from Delhi University. He went on to establish Luthra and Luthra in 1989. The firm grew to become one of the largest and most respected law firms in the country, with a team of almost 400 lawyers at its peak.

Best known for his work in corporate law and project finance, Mr Luthra saw his law firm as an extension of his family. In a 2022 interview with India Business Law Journal, he said: “Everybody in the firm is my family … This will be an institution that you will all be proud of.” He also spoke of his succession plans. “I’m not going to be there forever … Therefore, I am making a succession plan with second in line and third in line and then will guide the system further. That is what I’m doing now.”

Prior to embarking on his legal career, Mr Luthra studied accountancy and also set up an adventure tourism company. He was an active supporter of The Paani Foundation, an NGO focused on reducing the effects of droughts in the state of Maharashtra, and a keen advocate for sustainability. He had set a goal for the firm to become carbon neutral by 2025 and phase out the use of single-use plastic at its offices.

Upon news of Mr Luthra’蝉 death, tributes began pouring in from members of the legal profession. “RIP #rajivluthra,” tweeted senior advocate Abhishek Singhvi. “Lived life king size … large hearted, lived in style.”

Mr Luthra had been one of India’蝉 most high-profile lawyers for many years and is recognised in India Business Law Journal’蝉 A-List as one of the country’蝉 Legal Icons.

He is survived by his wife and two children.

Rajiv Luthra’s 2022 interview with India Business Law Journal

The patriarch

Luthra and Luthra founder Rajiv Luthra gets candid on the recent departures of his senior partners and his strategy for the firm’蝉 recovery

Rajiv Luthra's

Taking the plunge

As global uncertainty disrupts the legal workforce, Asian law firms see attrition as young lawyers switch to in-house and other lanes

Rajiv Luthra's

L&L Partners dissolves litigation arm; hires Verus’ founding partner?

L&L Partners managing partner Rajiv Luthra issued a notice for the dissolution of its litigation arm and chalked out a plan to reorganise its various practice areas under a “one firm” structure

Rajiv Luthra

For more stories about Rajiv Luthra, visit law.asia.

The post ‘Legal icon’ Rajiv Luthra passes away appeared first on 含羞草社区.

]]> /legal-icon-rajiv-luthra-passes-away/feed/ 0 Rajiv Luthra's Rajiv Luthra's Rajiv Luthra Future ‘lawyerbot’ will learn, make judgments /future-lawyerbot-will-learn-make-judgments/ /future-lawyerbot-will-learn-make-judgments/#respond Wed, 16 Aug 2017 08:48:17 +0000 /?p=82076 The lawyers of the future will provide machine learning-enabled judgment, according to an innovation-focused lawyer. “Being a good lawyer is no longer enough. Digitization and artificial intelligence (AI) are all very real and the legal industry is right in the middle of the changes they will bring,” says Andy Leck, a partner and innovation committee

The post Future ‘lawyerbot’ will learn, make judgments appeared first on 含羞草社区.

]]> The lawyers of the future will provide machine learning-enabled judgment, according to an innovation-focused lawyer.

“Being a good lawyer is no longer enough. Digitization and artificial intelligence (AI) are all very real and the legal industry is right in the middle of the changes they will bring,” says Andy Leck, a partner and innovation committee member at Baker McKenzie, who commented on the firm’蝉 recent introduction of an AI product.

Andy Leck
Baker McKenzie

In August, Baker McKenzie announced that it selected eBrevia as its main AI tool to be used on M&A and other transactional work.

Leck said performing due diligence during M&A transactions was particularly time consuming and complex when one considered the global nature of the companies that Asia-Pacific lawyers worked with.

“The process of conducting a due diligence effort is often labour-intensive and repetitive, making it a perfect candidate to make use of AI to increase the accuracy and efficiency of the process,” he said.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。

已有集团订阅，可点击此处继续浏览。
如对集团订阅感兴趣，请联络我们。

The post Future ‘lawyerbot’ will learn, make judgments appeared first on 含羞草社区.

]]> /future-lawyerbot-will-learn-make-judgments/feed/ 0 Baker & McKenzie – Leck Andy 陆光辉 贝克?麦坚时律师事务所 SAM gobbles up lion’蝉 share of BMR /mass-exit-of-lawyers-at-bmr-legal/ /mass-exit-of-lawyers-at-bmr-legal/#respond Tue, 16 May 2017 14:42:56 +0000 /?p=70774 Shardul Amarchand Mangaldas (SAM) is set to grow to 470 fee-earners from June when Amit Khansaheb, a partner at BMR Legal who headed the firm’蝉 M&A practice, and his team of five partners and 32 other lawyers from BMR Legal join SAM. The partners include Siddharth Nair and Roshan Thomas, from BMR Legal’蝉 Bengaluru office;

The post SAM gobbles up lion’蝉 share of BMR appeared first on 含羞草社区.

]]> Shardul Amarchand Mangaldas (SAM) is set to grow to 470 fee-earners from June when Amit Khansaheb, a partner at BMR Legal who headed the firm’蝉 M&A practice, and his team of five partners and 32 other lawyers from BMR Legal join SAM.

The partners include Siddharth Nair and Roshan Thomas, from BMR Legal’蝉 Bengaluru office; Kaushik Mukherjee, from its Mumbai office; and two others whose names SAM could not provide. Sources at BMR Legal say they are Vishruta Kaul, from the firm’蝉 Mumbai office, and Rishi Jain from the Delhi office.

Shardul Shroff, executive chairman of SAM, said he was “extremely delighted” to have attracted Khansaheb’蝉 team “at a time when talent is scarce in the market”. Pallavi Shroff, managing partner of SAM, said that the firm had “quietly gone about its goal of pursuing excellence and growth” and that it had teamed up with Khansaheb and his team “in the same spirit”.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。

已有集团订阅，可点击此处继续浏览。
如对集团订阅感兴趣，请联络我们。

The post SAM gobbles up lion’蝉 share of BMR appeared first on 含羞草社区.

]]> /mass-exit-of-lawyers-at-bmr-legal/feed/ 0 Two Indian parties are allowed to seat arbitration abroad /two-indian-parties-are-allowed-to-seat-arbitration-abroad/ /two-indian-parties-are-allowed-to-seat-arbitration-abroad/#respond Fri, 20 Nov 2015 08:56:22 +0000 /?p=765 In Sasan Power Limited?v North America Coal Corporation India Pvt Ltd, Madhya Pradesh High Court?held that an arbitration agreement “cannot be termed as null and void or incapable only because the parties chose to arbitrate their dispute in a foreign country”. Sasan Power had entered into an association agreement with North America Coal Corporation (NACC)

The post Two Indian parties are allowed to seat arbitration abroad appeared first on 含羞草社区.

]]> In Sasan Power Limited?v North America Coal Corporation India Pvt Ltd, Madhya Pradesh High Court?held that an arbitration agreement “cannot be termed as null and void or incapable only because the parties chose to arbitrate their dispute in a foreign country”.

Discussion,_speech,_meeting_croppedSasan Power had entered into an association agreement with North America Coal Corporation (NACC) in 2007 for developing mines in Madhya Pradesh. It provided for disputes to be resolved by arbitration administered by the ICC in London under UK law. In 2011, NACC assigned its rights, liabilities and obligations under the agreement to NACC India, which subsequently terminated the agreement and filed for arbitration. Sasan Power obtained an anti-arbitration injunction from a district court.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。

已有集团订阅，可点击此处继续浏览。
如对集团订阅感兴趣，请联络我们。

The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

The post Two Indian parties are allowed to seat arbitration abroad appeared first on 含羞草社区.

]]> /two-indian-parties-are-allowed-to-seat-arbitration-abroad/feed/ 0 Discussion,_speech,_meeting_cropped High court rejects ‘abstract’ challenge to food safety law /high-court-rejects-abstract-challenge-to-food-safety-law/ /high-court-rejects-abstract-challenge-to-food-safety-law/#respond Fri, 20 Nov 2015 08:54:24 +0000 /?p=759 Dismissing petitions in The Association of the Traders Carrying on the Food Business of Various Food Items & Anr v Union of India & Ors, Mumbai Mewa Masala Merchants’ Association & Anr v Union of India & Ors, and Indian Hotel & Restaurant Association & Anr v Union of India & Ors, Bombay High Court

The post High court rejects ‘abstract’ challenge to food safety law appeared first on 含羞草社区.

]]> Dismissing petitions in The Association of the Traders Carrying on the Food Business of Various Food Items & Anr v Union of India & Ors, Mumbai Mewa Masala Merchants’ Association & Anr v Union of India & Ors, and Indian Hotel & Restaurant Association & Anr v Union of India & Ors, Bombay High Court recently upheld the constitutional validity of the Food Safety and Standards Act, 2006, and the rules and regulations framed under it.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。

已有集团订阅，可点击此处继续浏览。
如对集团订阅感兴趣，请联络我们。

The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

The post High court rejects ‘abstract’ challenge to food safety law appeared first on 含羞草社区.

]]> /high-court-rejects-abstract-challenge-to-food-safety-law/feed/ 0 RBI issues relaxed policy on rupee bonds overseas /rbi-issues-relaxed-policy-on-rupee-bonds-overseas/ /rbi-issues-relaxed-policy-on-rupee-bonds-overseas/#respond Fri, 20 Nov 2015 08:51:35 +0000 /?p=755 On 29 September the Reserve Bank of India (RBI) issued its revised external commercial borrowings (ECB) policy, which removes certain restrictions on borrowing for Indian bodies corporate. The revised policy, which pertains specifically to the issuance of rupee denominated bonds overseas, has been introduced within the overarching ECB policy. It allows Indian corporates to use

The post RBI issues relaxed policy on rupee bonds overseas appeared first on 含羞草社区.

]]> On 29 September the Reserve Bank of India (RBI) issued its revised external commercial borrowings (ECB) policy, which removes certain restrictions on borrowing for Indian bodies corporate. The revised policy, which pertains specifically to the issuance of rupee denominated bonds overseas, has been introduced within the overarching ECB policy. It allows Indian corporates to use overseas rupee denominated debt (rupee bonds) with minimal restrictions, in addition to other conventional means of raising overseas debt such as the listing of non-convertible debentures (NCDs) and borrowing as per the existing policy.

Other key changes introduced by the revised policy are highlighted below:

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。

已有集团订阅，可点击此处继续浏览。
如对集团订阅感兴趣，请联络我们。

The business law digest is compiled by Nishith Desai Associates (NDA). NDA is a research-based international law firm with offices in Mumbai, New Delhi, Bangalore, Singapore, Silicon Valley and Munich. It specializes in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner.

The post RBI issues relaxed policy on rupee bonds overseas appeared first on 含羞草社区.

]]> /rbi-issues-relaxed-policy-on-rupee-bonds-overseas/feed/ 0 G20 Nations endorse BEPS Action Plan /g20-nations-endorse-beps-action-plan/ /g20-nations-endorse-beps-action-plan/#respond Fri, 20 Nov 2015 08:50:31 +0000 /?p=735 On 5 October, the Organization for Economic Cooperation and Development (OECD) released its much awaited 15-point Base Erosion and Profit Shifting (BEPS) Action Plan. The plan, approved by the G20 nations including India, is part of a continuing effort by countries globally to protect their domestic tax bases in the face of aggressive international tax

The post G20 Nations endorse BEPS Action Plan appeared first on 含羞草社区.

]]> On 5 October, the Organization for Economic Cooperation and Development (OECD) released its much awaited 15-point Base Erosion and Profit Shifting (BEPS) Action Plan.

The plan, approved by the G20 nations including India, is part of a continuing effort by countries globally to protect their domestic tax bases in the face of aggressive international tax avoidance schemes.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。

已有集团订阅，可点击此处继续浏览。
如对集团订阅感兴趣，请联络我们。

The business law digest is compiled by Nishith Desai Associates (NDA). NDA is a research-based international law firm with offices in Mumbai, New Delhi, Bangalore, Singapore, Silicon Valley and Munich. It specializes in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner.

The post G20 Nations endorse BEPS Action Plan appeared first on 含羞草社区.

]]> /g20-nations-endorse-beps-action-plan/feed/ 0 Restrictions on foreign investment by AIFs and VCFs /restrictions-on-foreign-investment-by-aifs-and-vcfs/ /restrictions-on-foreign-investment-by-aifs-and-vcfs/#respond Fri, 20 Nov 2015 08:50:06 +0000 /?p=749 On 1 October, the Securities and Exchange Board of India (SEBI) issued a circular dealing with regulatory restrictions concerning overseas investments by alternative investment funds (AIFs) and venture capital funds (VCFs) which are registered under the Venture Capital Fund Regulations, 1996. SEBI has also provided clarifications with respect to issues concerning the term of a

The post Restrictions on foreign investment by AIFs and VCFs appeared first on 含羞草社区.

]]> On 1 October, the Securities and Exchange Board of India (SEBI) issued a circular dealing with regulatory restrictions concerning overseas investments by alternative investment funds (AIFs) and venture capital funds (VCFs) which are registered under the Venture Capital Fund Regulations, 1996. SEBI has also provided clarifications with respect to issues concerning the term of a fund and certain other requirements for the investment managers to AIFs.

The key aspects of the circular are highlighted below:

Overseas investments by VCFs and AIFs

Both VCFs and AIFs can invest 25% of their investable funds in offshore venture capital undertakings. Formerly, such investments by VCFs were limited to 10% (all having Indian connections).

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。

已有集团订阅，可点击此处继续浏览。
如对集团订阅感兴趣，请联络我们。

The business law digest is compiled by Nishith Desai Associates (NDA). NDA is a research-based international law firm with offices in Mumbai, New Delhi, Bangalore, Singapore, Silicon Valley and Munich. It specializes in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner.

The post Restrictions on foreign investment by AIFs and VCFs appeared first on 含羞草社区.

]]> /restrictions-on-foreign-investment-by-aifs-and-vcfs/feed/ 0 Merck wins in drug war with Glenmark /merck-wins-in-drug-war-with-glenmark/ /merck-wins-in-drug-war-with-glenmark/#respond Fri, 20 Nov 2015 08:46:06 +0000 /?p=743 On 7 October, Delhi High Court barred generics manufacturer Glenmark Pharmaceuticals from selling, distributing, marketing and exporting its anti-diabetes drugs Zita and Zitamet. The court found that Glenmark had infringed US-based Merck Sharp & Dohme’蝉 sitagliptin patent used in its anti-diabetes drugs Januvia and Janumet.

The post Merck wins in drug war with Glenmark appeared first on 含羞草社区.

]]> On 7 October, Delhi High Court barred generics manufacturer Glenmark Pharmaceuticals from selling, distributing, marketing and exporting its anti-diabetes drugs Zita and Zitamet. The court found that Glenmark had infringed US-based Merck Sharp & Dohme’蝉 sitagliptin patent used in its anti-diabetes drugs Januvia and Janumet.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。

已有集团订阅，可点击此处继续浏览。
如对集团订阅感兴趣，请联络我们。

The post Merck wins in drug war with Glenmark appeared first on 含羞草社区.

]]> /merck-wins-in-drug-war-with-glenmark/feed/ 0