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AlixPartners LLC | China | 13 Sep 2021

While the cat's away: assessing risk in dynamic environments

Risks are always heightened during times of significant change. Given the amount of disruption to business models, supply chains and working practices that the covid-19 pandemic has caused, it is critical for organisations to fully and proactively assess risks. However, with China maintaining strict quarantine requirements, this poses a unique set of challenges for organisations where key......
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Patrikios Pavlou & Associates LLC | Cyprus | 23 Jan 2019

Mergers and reorganisations – an overview

Cyprus boasts an attractive merger and reorganisation regime not only locally (ie, between Cyprus entities), but also at an EU level. Besides the well-known advantages of merging two companies (eg, the transfer of assets and liabilities without the need for the novation of contracts or other cumbersome procedures), mergers and reorganisations in Cyprus are also attractive from a tax......
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Wanhuida Intellectual Property | China | 24 Dec 2018

Zhejiang court awards Stokke Rmb2.25 million in damages in patent infringement suit

The statutory limit for damages set out in the Patent Act is Rmb1 million, which is lower than the equivalent limit set out in both the Trademark Law and the Anti-unfair Competition Law. As such, it is becoming increasingly important in patent cases to convince the court that the prejudice is higher than the statutory limit. Stokke AS recently managed to do this before a Zhejiang court in a......
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BDO LLP | India | 21 Dec 2018

Taxability of back-office support services provided to overseas companies

A recent advanced ruling examined the applicability of goods and services tax (GST) to back-office support services provided by an Indian company to a foreign client. The Advance Ruling Authority held that the back-office support services in question should be treated as intermediary services, which are not eligible to be exempt from the GST applicable to an export of services since, as per......
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Rato, Ling, Lei & Cortés Advogados | Macau | 11 Oct 2018

New legal regime to encourage financial leasing activity

The government recently introduced two new draft laws to increase financial leasing activities in Macau. Replacing legislation that has been in force for over 20 years and considered a necessary condition for developing financial activity in Macau, the new legal regime will reclassify financial leasing entities as 'non-depository institutions', make the supervision of these entities more......
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Smart & Biggar | Canada | 28 May 2018

Apotex fails to establish that it would have obtained non-infringing product from foreign suppliers

Servier and its related company ADIR were recently successful in another chapter of the patent litigation concerning perindopril when the Federal Court again dismissed the non-infringing alternative defence of Apotex Inc and Apotex Pharmachem Inc (collectively, Apotex). The court found that Apotex would not have called on foreign third parties to manufacture perindopril to supply its......
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Howse Williams 何韋律師行 | Hong Kong | 22 May 2018

Lawmakers building HK$1 million safety net for policyholders

Lawmakers recently met to discuss a new bill to establish a policyholders' protection scheme to protect policyholders' interests in case an insurer becomes insolvent. This safety net will cover individuals, small and medium-sized enterprises and building owners' corporations. All authorised insurers in Hong Kong will have to participate and pay an initial levy to build up the two compensation......
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Luther Rechtsanwaltsgesellschaft | Luxembourg | 8 May 2018

Luxembourg District Court rules on judicial management reports

The Luxembourg District Court has clarified the requirements and procedures regarding judicial management reports provided for in the law on commercial companies, as amended. The ruling provides valuable insight into shareholders' right to request information on management decisions. While the reduced threshold suggests a trend in Luxembourg law towards shareholder empowerment, as well as the......
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Smart & Biggar | Canada | 16 Apr 2018

Accounting of profits remedy offers significant benefits to patent owners

The availability of an accounting of profits in Canada as a remedy for patent infringement can offer significant benefits to patentees, including in cases involving infringing goods sourced from Canada that are being sold elsewhere. The availability of such a remedy and a number of other factors, including the ability to expedite proceedings and the lower cost of litigation, make Canada an......
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Smart & Biggar | Canada | 11 Apr 2018

Federal Court of Appeal confirms patent infringer not entitled to dictate appropriate remedy

In 2016 the Federal Court found that Apotex and Cobalt had infringed Bayer's valid patent for an oral contraceptive composition. The Federal Court subsequently held that Bayer was entitled to elect between damages and an accounting of Apotex's profits. In so holding, the court disagreed with Apotex's argument that it, rather than Bayer, should be entitled to elect whether Bayer should be......
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