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Leo

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Does OEM use constitute trademark infringement?

By Lian Chenghe and Xing Keke, Yuanhe Partners

Application of punitive damages in TM infringement cases

By Mi Tai, Sanyou Intellectual Property Agency

Points for SOEs transferring commercial bank equity

By Yang Guang and Wang Yao, Lantai Partners

Developing a pre-reorganization system in China

By Xu Bangwei and Zhang Xiaotong, Jingtian & Gongcheng

Compensating delay in granting of patents

By Piyush Sharma and Joginder Singh, LexOrbis

Complementary advances can be research or imitation

By DPS Parmar, LexOrbis

How foreign awards are enforced in India

By Simranjeet Singh and Rohan Ahuja, Athena Legal

A speedy resolution scheme for Yes Bank

By Sawant Singh and Aditya Bhargava, Phoenix Legal

Navigating the problems of inland waterways

By Akshay Malhotra and Ishita Gupta, HSA Advocates

Shining a light on unsafe practices

Inadequate enforcement of Indian standards has encouraged spurious manufacturers to put unsafe products on the market

Dealing with delays at the IPO

The Patent Office making exceptions for delays to applications due to COVID-19 is welcome, but it should adopt more applicant-friendly policies for other cases too

At a crossroads

Recognizing homebuyers as financial creditors in the event of insolvencies is a welcome move, but the RERA remains the preferred route for recovering funds

Preferential tariffs come under further scrutiny

By Shampa Bhattacharya, Kochhar & Co

China Business Law Awards 2020

We launched the “Golden League” award this year to reflect the market situation, and to encourage the firms on the list, and their peers, to improve their overall quality and level of service

Compliance risk management under Cybersecurity Law

By Sharon Shi and Shin Feng, AllBright Law Offices

Gains and losses during transition periods in M&A

By Gong Ruozhou, Grandway Law Offices

Opportunities and risks in Jordan’s energy market

By Wang Jihong and Steven Wu, Zhong Lun Law Firm

‘Transplant’ of the arbitration agreement

Is the arbitration agreement entitled to be “transplanted”? And would the transplanted one still be recognized as an effective arbitration agreement?

Fiduciary duty in asset management transactions

The legal relationship between a client and a manager in asset management transactions should be dealt with under the analytical framework of the fiduciary duty.

Diversity adversity

Supreme Court Justices Dhananjaya Chandrachud and Ajay Rastogi recently passed a ruling that enables women officers to serve as army commanders. The court also granted women officers the right to extended permanent service – a privilege that previously applied only to men. While the order affords women army officers the rights they deserved long ago, it does not fix overnight the backward views and stubborn stereotypes that persist within the corridors of power, be it those in the army or elsewhere.

Problem solving

The way ahead is never straightforward

Viral enemies

Windfalls always await the lucky and the learned

Fire tests gold

Copyright and judicial proceedings

Is copyright infringed if documents are copied for the purposes of judicial proceedings?

A new dawn

As employers wake up to the reality of COVID-19, how can they minimize risks for employees and ensure business continuity?

Flight of the black swan

We ask senior in-house counsel and lawyers about the dangers, and the silver linings, that lie ahead in 2020

French and Chinese trademark laws: A comparison

By Huang Hui and Paul Ranjard, Wanhuida Intellectual Property
It is interesting to draw a comparison between the new French law and China’s current Trademark Law in two important aspects: genuine use and tolerance

Advice on tax, insurance and provident funds during COVID-19

By Jeffrey Quan and Wu Zhenyu, ETR Law Firm
This article interprets the latest regulations and puts forward suggestions for implementation by referring to the relevant regulations enacted in the SARS outbreak of 2003

Preventing risk in overseas project subcontracts

By Wang Jihong and Zhao Huiqi, Zhong Lun Law Firm

Problems, countermeasures of decentralized TM management

By Frank Liu and Adam Zhu, Tiantai Law Firm

India’s data protection regime: Are you ready for the change?

By Santosh Pai and Yosham Vardhan, Link Legal India Law Services
What are the opportunities and risks for Chinese investors once the personal Data Protection Bill 2019 is approved?

Risks in execution of a contract of guarantee

By Li Weiming and Xiong Xiaorong, Tiantai Law Firm

Trademark transfer issues for previously licensed trademarks (part 2)

By Shi Yakai and Hu Miao, Sanyou Intellectual Property Agency

Risks of misusing copyrighted educational material

By Xing Keke and Guo Jincheng, Yuanhe Partners

New insight into disputes over Sino-foreign JVs

By Jenny Wang and Ma Lisha,Merits & Tree Law Offices

Overseas project applications by Chinese enterprises (Part 1)

By Selena She and Kenneth Kong, Llinks Law Offices

Rising stars: China’s young elite lawyers 2020

After extensive editorial research, China Business Law Journal has compiled a list of China's young elite lawyers. Charlie Wu reports

Minutes redefine notes financing business of financial institutions

By Yang Guang and Zhang Xiaoke, Lantai Partners

Evolution of inferior rank repayment rule for shareholder claims

By Xu Bangwei and Zhang Xiaotong, Jingtian & Gongcheng

The International A-List 2020

Of the hundreds of lawyers around the world who claim to be India experts, which ones are leading the field? To find out, India Business Law Journal sought answers from a large number of professionals, mainly experienced lawyers at Indian law firms and India-focused in-house counsel around the world.

C-suite sanction

The case of former Nissan CEO Carlos Ghosn is a timely reminder for multinational corporations to ensure their senior executives are prepared for all scenarios when relocating to Asia

The ‘200 shareholders’ issue under new Securities Law

By Zhao Zeming, Grandway Law Offices

Cases for third-party price verification

By Zhan Guohong, Dentons

Key points of revised restructuring and listing rules

By Tang Cenzhi and Lin Lefeng, East & Concord Partners

A secret war

New legal regimes mean an increase in trade secret litigation in both China and the US, but what measures are needed to protect trade secrets?

Data protection and cybersecurity trends in 2020

By Samuel Yang, Anjie Law Firm

India unplugged

As the country grapples with the dual realities of Digital India and being the ‘internet shutdown capital of the world’, it analyses a recent Supreme Court judgment challenging blackout actions in Kashmir

Out of harmony

Clarity from the Intellectual Property Appellate Board is required to lessen tensions between music labels and broadcasters

Blue sky thinking

The competition regulator has over the years allowed companies to undertake innovative commitments to enable their mergers to go through

Three suggestions for meeting SCS compliance requirements

By Carl Li and Yuan Yuan, AllBright Law Offices

Curtailing government guidance fund risks

By Qiao Zhaoshu, DOCVIT Law Firm

The curious case of the privacy sandbox

By Lagna Panda, Chandhiok & Mahajan

Analysis of the new minority exit option

By Inder Mohan Singh and Mohammed Abid Hussain, Shardul Amarchand Mangaldas & Co

Malaysia’s top 100 lawyers 2020

Asia Business Law Journal reveals Malaysia’s best private practice lawyers. The names and photographs of all 100 A-list lawyers are published here

A regional comparison of data privacy laws

Privacy regulation presents a conundrum for most governments as they try to balance the rights of citizens with national security and business needs

Draft framework for retail payment systems operators

By Sawant Singh and Aditya Bhargava, Phoenix Legal

FFL requirement for newly added subject matter

By Piyush Sharma, LexOrbis

Banking on relaxations for commercial real estate loans

By Devyani Dhawan and Jyotika Bajaj, SNG & Partners

Regulation of gig workers: A step forward?

By Junaira Rahman and Nikita Tanwar, Samvad Partners.

Understanding the reasons behind discom stress

By Anura Gupta and Abhishek Tripathi, Sarthak Advocates & Solicitors

Overlap between insolvency code and arbitration law

By Charanya Lakshmikumaran and Puneeth Ganapathy, Lakshmikumaran & Sridharan

Bridges not barriers

Membership of the Regional Comprehensive Economic Partnership would allow India to overcome its stunted trading relationship with its neighbours

Funding from international sources for companies

By Gautam Khurana, India Law Offices

Reverse insolvency to the rescue in housing projects

Manoj Kumar and Shweta Bharti, Hammurabi & Solomon

When the appointment of a sole arbitrator is invalid

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

The risk-reward conundrum

A GC’s ability to play a lawyer-guardian type role in a company is critical

How lawyers can find jobs in the US

Getting a legal job abroad is not impossible and is becoming less uncommon

Managing multijurisdictional investigations involving China

As business operations are increasingly cross-border, compliance and investigation functions have to evolve for multijurisdictional challenges.

Shifting landscape of international arbitration in China

This article tries to debrief the developments of its international cases in the past five years and to demonstrate the landscape changes of international arbitration practice in China

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