Asia Pacific

Serial Article II: Practical Guidance on Chinese Company Chops and Legal Representatives’ Signatures – Safeguarding and Verifying Chops

Needless to say, it is important to make sure that a chop or signature is genuine. But in reality, it is impractical, if not impossible at all, to expect checks to be conducted at the forensic, or quasi-forensic level. Read more…

Read full article

A Practical Discussion on Scope of HGR Administration

With the development of bio-pharmaceutical technology, human genetic resource has increasingly been an area which attracts great attentions and heavy investment.  In response, the government has been strengthening the administration on researches by using human genetic resources (HGR).  The Ministry of Science and Technology issued the Administrative Regulation of Human Genetic Recourses (the HGR Regulation) which became effective on 1 July 2019 to replace the Provisional Measure for HGR Administration (the HGR Measure) effective on 10 June 1998; and the Standing Committee of the National Peoples Congress promulgated the PRC Biological Safety Law (the Biological Safety Law) which will become effective on 15 April 2021. Read more…

Read full article

IBC Moratorium to Apply to Cheque Bouncing Cases

The Hon’ble Supreme Court of India on March 1, 2021 held that the criminal proceedings against cheque bouncing under Section 138 of the Negotiable Instrument Act, 1881 (‘NI Act’) shall remain stayed against the company during the period of moratorium applicable to insolvency proceedings of any company. The proceedings would however continue against the directors and other officials of the company who are made accused in cheque bouncing proceedings.

 

Section 14 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) specifies that when an order declaring moratorium is passed, the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, or arbitration panel would be prohibited.

Read full article

Llinks Client Alert – Antitrust and Competition (February 2021)

I. Legislation
1. The Anti-Monopoly Commission of the State Council issues the Anti-monopoly Guidelines on Platform Economy, in order to prevent monopolistic activities in the field of platform economy and protect fair market competition. Based on the Anti-Monopoly Law, the Guidelines consist of six chapters and twenty-four articles, including general provisions, monopoly agreements, abuse of market dominance, concentration of undertakings, abuse of administrative power to exclude restrictions on competition, and supplementary provisions. Read more…

Read full article

Unconditional Stay on Arbitral Awards

Unconditional stay on enforcement of arbitral awards has yet again become a reality in India.

A.  Background

Indian arbitration law, contained in the Arbitration and Conciliation Act, 1996 (the “Act”), provided for an automatic stay on enforcement of the arbitral award once a challenge against the award was entertained by the Court under Section 34 of the Act.

Read full article

Guidelines issued for Intermediary and Digital Media

The Ministry of Electronics and Information Technology (“Ministry”) on 25th February 2021 notified the Information Technology (Guideline for Intermediaries and Digital Media Ethics Code) Rules, 2021 (“Rules”) to regulate digital media, social media companies and over the top (“OTT”) platforms. The Rules also provides provisions pertaining to publishers of news through digital media (“Digital News”).

Read full article

Llinks Client Alert – Cybersecurity, Data & Privacy(February 2021)

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(February 2021)Read more…

Read full article

Legitimate Source Defense in Patent Infringement Cases

Article 70 of the PRC Patent Law (the Patent Law) provides for a defense (the Legitimate Channel Defense) that a business operator (Purchaser) which purchases infringing products for its own use or for resale during its business operation will not be liable for compensating the patent owner if it procures the products from legitimate channels and does not know that the products were manufactured without an authorization by the patent owner.  The Legitimate Channel Defense protects good faith Purchasers (the bona fide Purchasers) from being claimed for damages for using or selling patent infringing products, thus safeguards transactional safeties. Read more…

Read full article

Expansion of Equalisation Levy – Impact on Overseas E-Commerce Companies

Equalisation levy on e-commerce supply or services has been the subject of some debate over the last few years. The Central Government has proposed to introduce certain changes in the aforesaid regime vide the Finance Bill, 2021 (“Bill”).

Read full article

Making a way for growth – Company Law Reforms Under Union Budget 2021

The Hon’ble Finance Minister, Nirmala Sitharaman on February 1, 2021, announced the Union Budget for the financial year 2021-22 (“Budget”) wherein several significant changes in the area of corporate laws were also discussed. The Budget has laid down the proposed changes to decriminalize the Limited Liability Partnership Act, 2008 (“LLP Act”), increase in the threshold of the definition of small companies under Companies Act, 2013 (“CA 2013”), the introduction of an updated version of the Ministry of Corporate Affairs (“MCA”) and changes in the framework of One Person Company (“OPC”).

Read full article