INTA opposes definition of ‘article’ under Designs Act
Law. Asia
by Benjie
3h ago
The International Trademark Association (INTA) has opposed the interpretation of the statutory definition of “article” under the Designs Act, 2000, as set forth in the order dated 18 August 2023, in the case of Hero MotoCorp Limited v M/S Shree Amba Industries. INTA disagreed with the single judge bench in Delhi, interpreting that the phrase “any part of an article capable of being made and sold separately” in section 2(a) of the Designs Act refers only to parts that can be sold independently as articles with their own independent commercial life, rather than as substitutes or accessories. INT ..read more
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JunZeJun expands Beijing, Fuzhou and Shenyang teams
Law. Asia
by Benjie
3h ago
JunZeJun Law Offices has added five new partners to its Beijing, Fuzhou and Shenyang teams, and two of them are China Business Law Journal awardees. Zhang Mengchun and Du Yao have joined JunZeJun’s Beijing office. Liu Shanli has joined the firm’s Fuzhou office, while Li Zhuang and Song Qiong have joined the Shengyang branch, which opened in March. A specialist in IP dispute cases, Zhang is particularly skilled at trademark protection. His signature cases include the trademark war between Beijing Tong Ren Tang and Tianjin Tong Ren Tang, as well as a trademark infringement case involving Starbuc ..read more
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Reference to arbitration must be specific
Law. Asia
by Jan
6h ago
In the current commercial ecosystem, multiple stakeholders are often linked by a web of interdependent business contracts. In some cases, to save time, in a bid to shorten the contract and avoid the renegotiation of terms, parties may incorporate the terms of an existing contract, including the arbitration clause, into another contract by reference. However, the Supreme Court has consistently held that an existing arbitration agreement may only be incorporated into another contract by a specific reference to that other contract and the arbitration agreement it contains. A general reference wil ..read more
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Aditya Vikram Bhat leaves AZB to steer independent
Law. Asia
by Benjie
6h ago
Aditya Vikram Bhat, a former senior partner at AZB & Partners, has decided to fly solo with his independent practice. Bhat’s career commenced with KG Raghavan and Arun Kumar who subsequently merged their practice with Dua Associates. They were later designated as senior advocates by the Karnataka High Court. Bhat, who joined AZB in 2004, said, “The firm and I grew together. I was a part of the firm’s senior partnership for several years before deciding to step out on my own. “AZB was home for 20 out of the 21 years I have been in practice. So, while I have left AZB, it is unlikely AZB will ..read more
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SAM counsels Bajaj Auto on strategic USD481.5m share buyback
Law. Asia
by Benjie
6h ago
Shardul Amarchand Mangaldas & Co has advised Bajaj Auto on a strategic INR40 billion (USD481.5 million) buyback of up to 4 million shares. Executive chairman Shardul Shroff and partner Yogesh Chande led the Shardul Amarchand Mangaldas team, with the support of senior associates Preeti Kapany and Debanik Bid, and associate Shweta Ojha. Partner Manan Mehta counselled on regulations under the Foreign Exchange Management Act (FEMA). The buyback, with each share valued at INR10,000 apeice, was conducted from equity shareholders in proportion to their holdings, following the tender offer route a ..read more
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Preventing corporate governance risks under new Company Law
Law. Asia
by Jan
6h ago
The new Company Law promotes the transformation of corporate governance from shareholder primacy to director primacy. This imposes governance responsibility on entrepreneurs such as directors, supervisors, officers (DSOs) and actual controllers of a company, increasing their risk of performing duties with their personal property at stake. Therefore, reducing the risk of entrepreneurs and their families facing compensation over corporate governance is of great concern. Legal liabilities Shen Youfu Partner DOCVIT Law Firm Civil liability. The new Company Law not only strengthens the duties ..read more
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Assessing compliance of trading in geoinfo data products
Law. Asia
by Jan
6h ago
As an important production and strategic data resource, geoinformation empowers various industries. Focusing on the acquisition, processing, analysis and application of geoinfo data, the geoinformation industry encompasses surveying and mapping, geoinfo systems, remote sensing technology and location-based services. Surveying and mapping geoinformation is an important part of the industry and numerous Chinese companies have vast data reserves. On-exchange trading in geoinfo data products therefore makes efficient use of data by promoting the sharing, assetisation and commercialisation of data ..read more
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Questions concerning dispute over unused annual leave
Law. Asia
by Benjie
6h ago
In the practice of labour and personnel management, disputes often arise over annual leave. This article discusses such disputes by referencing recent judicial decisions. Q: Does part-time employment qualify for statutory annual leave? Tracy Liu Partner Jingtian & Gongcheng A: Current laws and regulations do not specify this clearly. The prevailing view in judicial practice is that statutory annual leave is intended for full-time employees, excluding part-time employees. Certain regions like Jiangsu and Zhejiang explicitly state that part-time employees are not entitled to statutory annual ..read more
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Analysis of guaranteed redemption commitments in PE fund investments
Law. Asia
by Kient
10h ago
In recent years, as products registered during the rapid development of China’s private equity fund markets have reached their exit periods, the inclusion of guaranteed redemption clauses such as capital preservation and guaranteed returns commitments in fund contracts has become an important factor for cautious investors making investment decisions. As a result, fund managers and third parties have employed various internal and external credibility enhancement measures, including providing capital preservation and guaranteed returns commitments. However, disputes often arise when fund manager ..read more
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JSA advises on USD450m Hero Future Energies deal
Law. Asia
by Benjie
10h ago
JSA has advised Hero Future Energies Global (HFE Global) and Hero Future Energies Private Limited (HFE India) in securing a INR36 billion (USD450 million) private equity investment from global firm KKR. Partners Manvinder Singh and Anant Mishra led the JSA transaction team, with the assistance of senior associate Parnik Saxena and associate Pragya Pandey. The projects advice and competition teams also advised on the transaction. “[HFE Global] has operations across Asia and Europe and has a fairly complex holding structure at two levels (India and UK). While this would ordinarily make the deal ..read more
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