Asia Pacific

A Commentary on the PRC Export Control Law

I. Legislative Background

When the Ministry of Commerce of the Peoples Republic of China (the MOFCOM) solicited comments on the Export Control Law (Draft) in 2017, it pointed out that under the background where major countries and regions in the world have already formulated export control laws, China urgently needs a fundamental law in the field of export control to coordinate administrative regulations and rules in that field then effective…… Read more…

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Early Resolution of Pharmaceutical Patent Disputes

In terms of relationship between patent protections and regulatory approvals for pharmaceutical products, the patent-linkage system, the patent extension rule, and the Bolar exception form a complete suite of rules balancing the interest between innovative pharmaceutical companies and generic pharmaceutical companies.  The Bolar exception was introduced into the PRC Patent Law during the amendment in 2008. However, the patent-linkage system and the patent extension have not been included in the legislative pipeline until recently. Read more…

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Part II – Labour Laws: The Code of Social Security, 2020

Legislation of the 3 (three) long awaited labour codes, namely (a) the Industrial Relations Code Bill, 2020; the Code on Social Security Bill, 2020; and the Occupational Safety, Health and Working Conditions Code Bill, 2020 by the Parliament of India on September 23, 2020, marks a major milestone in ushering reforms in the labour sector.

In Part I series of our Labour Laws update, we discussed some of the key changes and provisions introduced by the Industrial Relations Code Bill, 2020 (https://www.mondaq.com/article/995216).  Changes introduced through the Code on Social Security Bill, 2020 are discussed herein, in Part II of the Labour Code series.

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Unwinding the ambiguity for FDI in Digital Media Sector

To boost the flagging economy, the Government of India last year announced certain changes to the Foreign Direct Investment Policy (“FDI Policy”) under which investment norms were relaxed in certain sectors. Pursuant to the said announcement, Press Note no. 4 dated September 18, 2019, was released which detailed the amendments to the consolidated FDI Policy concerning coal mining, contract manufacturing and single-brand retail trading. However, one change in the press note which raised questions was the decision to introduce and allow 26% FDI in uploading and streaming of news and current affairs through digital media under the Government approval route.

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Part I – Labour Code 2020

On September 23, 2020, the Parliament of India passed 3 (three) long awaited labour codes, namely (a) the Industrial Relations Code Bill, 2020; the Code on Social Security Bill, 2020; and the Occupational Safety, Health and Working Conditions Code Bill, 2020. The labour codes subsequently received the Presidential assent on September 29, 2020, marking a major milestone in ushering reforms in the labour sector.

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LexUpdate-October 8, 2020

Delighted to announce the publication by LexisNexis of the 3rd edition of ‘Lissack and Horlick on Bribery and Corruption’. LexCounsel’s Seema Jhingan, Co-founder Partner and Dhruv Manchanda, Principal Associate, have co-authored the “Anti-bribery Laws of India” chapter in the LexisNexis Publication. LexCounsel frequently advises on anti-bribery and anti-corruption issues especially in the corporate governance and defence areas.

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The top 7 changes to Victorian Retail Leasing

As if Victorian retail landlords didn’t have enough to contend with!  Now they must familiarise themselves (and quickly) with the new amendments to the Victorian Retail Leases Act 2003.

Here are the top 7 changes that you need to know right now:

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Important updates to commercial leasing regulations

Just in the nick of time – the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 have been amended.

The amendments take effect from 29 September 2020.

Some of the most important changes are around the rent relief application requirements (which are now much more prescriptive – see further below) and the fact that the landlord’s offer of rent relief does not need to relate to the whole of the ‘relevant period’ but rather only from the date that the landlord receives a compliant rent relief application from the tenant. It is therefore now critically important that a tenant’s rent relief application is compliant with the statutory requirements from the date the application is made.

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Deal Update: US-based Joyance Partners Invests in Oga Fit

US-based venture capital firm, Joyance Partners, funded Oga Fit in their first India Investment. Bengaluru-based fitness tech startup Oga Fit is an interactive platform offering live and on-demand workouts from the comfort of a user’s home.

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Llinks Client Alert – Cybersecurity, Data & Privacy(September 2020)

Llinks would like to share our views on the most recent hot topics and legal updates on the Cybersecurity, Data & Privacy with “ Llinks Client Alert  Cybersecurity, Data & Privacy(September 2020) ” Read more…

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