Asia Business Law Journal - March/April 2017




Asia Business Law Journal – March/April 2017

Volume 1, Issue 5

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Highlights:

Time to go large

Big IP, big issues, big plans and big builds

Welcome to our latest issue of Asia Business Law Journal, and a special big welcome to those who will be attending the 139th annual meeting of the International Trademark Association (INTA) being held in Barcelona. To mark the event we have included some informative articles covering intellectual property (IP) that I’m sure you will find interesting. For our cover story, TM an Asian comparison, we approached some of the top IP firms in the region and compiled a comprehensive comparison of trademark laws that’s not to be missed.

Still on topic, we turn to Indonesia for an in-depth examination of legal developments in IP, in Making your mark. If you know Asia, you’ll know that maintaining IP rights in Indonesia has long been a problem for domestic and international businesses alike. Recent efforts to overhaul laws and legal procedures related to IP rights are a ray of sunshine, especially in the areas of patents, trademarks and copyright. But the real challenge in this country may well be education and awareness of stakeholders.

This issue also marks the beginning of a special series of articles on the Belt and Road Initiative, originally referred to as One Belt, One Road. China’s strategy is massive any way you look at it, from sheer geographical reach to the plethora of regulatory and logistical challenges it presents. Our first article, Think Big, traces the germination and growth of the biggest trade and development initiative of this century to date and is a must read for anyone seeking to do business in the region.

While we’re thinking big, a thought piece by Cherie Blair QC exploring global standards for rules-based commerce provides a unique perspective from her own experience as a British barrister, lecturer and of course wife of former British prime minister Tony Blair.

Cherie Blair spoke in New Delhi at a function marking the 50th anniversary of UNCITRAL, and In the interest of fairness is an adaptation of her thoughts especially for our readers.

Finally, we travelled to the Philippines to meet with law firms and stakeholders to gain insights into developments in the nation’s infrastructure sector.

With a new government seemingly primed to begin “a golden era” of infrastructure, the future appears bright. But there are legal pitfalls and challenges to kick-starting much needed infrastructure projects. Build or bust? looks at legal changes needed and asks if the new administration of Rodrigo Duterte is up to making them possible.

Best wishes,

John Church
Editor, Asia Business Law Journal
Editor-in-chief, Vantage Asia

In this issue

Airport standards in the Philippines

By Charmaine Haw-Lim and Aileen Sanguir, Gulapa Law Office

Changes to Indonesia’s insurance regulatory regime

By Ahmad Jamal Assegaf and Indra Pambudy, Lubis Ganie Surowidjojo

The EPCM model in China and alternative resolution

By Wang Jihong and Li Lin, Zhong Lun Law Firm

DDS in relation to Corporation Code’s capital provisions

By Dan Bernard S. Sabilala, ACCRA Law Offices

Bankruptcy Code is good news for investors in India

By Kumar Saurabh Singh and Dhwani Shah, Khaitan & Co

Think big

First in a special series examining the Belt and Road

Shrawan Copra & Abhilasha Nautiyal, Anand and Anand

Back to basics: Division bench clarifies jurisdiction objections

By Shrawan Chopra and Abhilasha Nautiyal, Anand and Anand
Cherie Blair talks about trade, equality and cooperation

In the interest of fairness

Cherie Blair QC discusses global standards for rules-based commerce

Incentives for Asian investors in Spanish real estate

By Alfonso Maria Autuori, ECIJA

Increasing popularity of employee benefit trusts

By Sofia Shen, Maples Fiduciary

Easier for venture capital funds in Singapore

By Wong Ying Chung and Lisa Lim, Central Chambers Law Corporation

Notice and catalogue expand opening-up strategy

By Harry He and Celine Huang, AllBright Law Offices

TM an Asian comparison

Region's IP experts head to head on trademark laws

Pros, cons of administrative litigation changes in China

By Chen Wuxiong and Peter Li, Boss & Young

Build or Bust?

Can Duterte revive infrastructure in the Philippines?

Thailand’s EEC: a global gateway to Asia services

By Harit Na Pombejra, Silk Legal

Making your mark

Examination of IP legal developments in Indonesia

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