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Local Insights

  • Sponsored by Hechanova Group
    Entering a foreign market for one's products is usually made through direct investment or by way of licensing, such as forging a distributorship agreement. Such an agreement will be the law for the parties. For agreements involving the Philippines, other than the provisions stated in it, other laws relevant to said agreement are deemed included and must be complied with. An example is Article 19 of the Civil Code on the abuse of rights. Article 19 sets certain standards which must be observed not only in the exercise of one's rights but also in the performance of one's duties, i.e. to act with justice; to give everyone his due; and to observe honesty and good faith.
  • Sponsored by Tilleke & Gibbins
    Are importers and distributors responsible for patent infringement related to the products they import and distribute? This seemingly simple question has still only been partially answered in Vietnam, when the Superior People's Court of Ho Chi Minh City rendered a judgment on July 28 2020 sending a case back to the first-instance court for a retrial.
  • Sponsored by GoldenGate Lawyers
    The e-commerce market in China is one of the fastest growing in the world. To improve regulation over the flourishing market and maintain the market order, China promulgated the E-Commerce Law which became effective on January 1 2019. Notably, the E-Commerce Law addresses intellectual property protection in e-commerce settings. To reflect further developments regarding e-commerce in China, and to implement intellectual property protection more efficiently, on June 10 2020, the Supreme People’s Court of China (SPC) released Draft Guiding Opinion on the Adjudication of Intellectual Property Disputes Involving E-commerce Platforms 《关于审理涉电子商务平台知识产权纠纷案件的指导意见》 (Guiding Opinion) for public consultation.