Letter from the Chair
By Caroline Berube
HJM Asia Law & Co LLC
Welcome to the second issue of the Primerus APAC newsletter.
As the year 2020 draws to a close, we often look back at the past year. However, the best way to set positive goals is to look forward. We have much to look forward to indeed, especially the long-awaited Covid-19 vaccines. China and South Korea are expecting approvals by year-end, whilst Australia, Taiwan, Indonesia and India expect to do so by the first quarter of 2021.
The outlook for the Asia Pacific market, taking cognizance of the prevailing Covid-19 situation in the region, is conservatively optimistic and balanced. Artificial intelligence (AI) and robotic process automation (RPA) are gaining significance across key countries in Asia Pacific like Singapore, China and Japan, offering solutions to most sectors adversely affected by the pandemic. We will witness an increased adoption of the use of AI / machine learning (ML) in the next 2-3 years to achieve enhanced business efficiency and better employee engagement. Most of us who used to travel on business will be eyeing the travel bubbles or “green lanes” when countries ease border restrictions and the economies further open. We hope for a steady increase in market activity in the coming year.
In this present edition of the newsletter, the authors have covered the following topics which we hope you will find of interest:
1. Overview of Deeds in Singapore, written by Matthew Boyd, HJM Singapore;
In Singapore, we see a development this year when the Singapore Court of Appeal considered one of the formal requirements for a deed to be valid in law is for a deed to be sealed. Our authors from HJM Singapore lay out the definition of a deed and present factors that render a deed to be valid or invalid.
2. Security of Payment Bill in Western Australia, contributed by Daniel Morris, HHG Legal Group Australia;
Western Australia seeks to reform the construction contractors’ security of payment in the form of a bill released for comment in May 2020. Our author contributor from HHG Legal Group Australia explains the facets of the Building and Construction Industry (Security of Payment) Bill 2020 (WA), its promises and enforcement, amidst limitations.
3. The Fourth Amendment to the Patent Law in China, which will take effect on June 1st, 2021, written by Ralf Ho and Caroline Berube, HJM China;
China welcomes a significant milestone in its Intellectual Property regime with effect from June 1st, 2021, when the China New Patent Law becomes effective. HJM China lays out in brief the effects of this new law on the pharmaceutical industry by way of a ‘Patent Linkage’, widened scope of protection for design patents, an enhanced compensatory regime, and an option to extend the duration of a granted patent.
4. Paying employees in Cryptocurrency in Hong Kong: legal considerations, contributed by Dominic Wai, ONC Lawyers;
In the current digital world, we have heard about cryptocurrency being a digital asset designed to work as a medium of exchange wherein individual coin ownership records are stored in a ledger existing in a form of computerized database using cryptography. Have you ever wondered whether cryptocurrency could be used to pay employees’ salaries? In this issue, our writer from ONC Lawyers attempts to look into the legal issues arising from the mechanics of paying wages in cryptocurrency in Hong Kong.
5. Intellectual Property Updates from Singapore: Of Wines and Watches, written by Caroline Berube and Christina Molino, HJM Singapore;
In this newsletter, we are excited to present an ‘intoxicatingly’ interesting case of bad faith in trademark registration, covered by HJM Singapore, following the recent case of Comité Interprofessionnel du Vin de Champagne and Institut National de l’Origine et de la Qualité v Keep Waddling International Pte. Ltd. [2020]. In another case of Compagnie Des Montres Longines, Francillon S.A. (Longines Watch Co., Francillon Ltd.) v POINT tec Products Electronic GmbH [2020], the authors shed light on how trademark opposition was decided on luxury watches.
6. Getting to know our members: Mr. Selwyn Black (Carroll & O’Dea), Ms. Hanaan Indari (newly appointed Managing Partner Carroll & O’Dea) and Mr. Dominic Wai (ONC Lawyers)
We are happy to showcase some of our members who share with us their motivation to become a lawyer, memorable legal experiences and surprising habits! We are pleased to introduce Selwyn Black and Hanaan Indari, both from Carroll & O’Dea, and Dominic Wai from ONC Lawyers.
On behalf of Primerus Asia Pacific Region, I wish to thank our Primerus Asia members for their contributions and enriching the legal knowledge of our community. We hope that corporate clients and Primerus members from all over the world learn and benefit from reading the articles in this newsletter.
Finally, we would like to assure everyone that Primerus will continue to support all its members and clients worldwide during this global crisis. Please visit the Primerus website for legal resources and to learn more about its upcoming projects and events that may be helpful to you.
For the upcoming holiday season, many of us might be confined to quiet celebrations with immediate families, but thanks to the many different virtual platforms, we can still bring our family members and friends from afar to join in the celebrations. Happy holidays and stay safe!