Mondaq Asia Pacific: Litigation, Mediation & Arbitration > Sovereign Immunity: Public Sector Government
Davies Ward Phillips & Vineberg
On October 11, 2005, the Canadian International Trade Tribunal ("CITT") issued a determination that imports of certain outdoor barbeques from China had caused market disruption to Canadian producers of outdoor barbeques.
The Court of First Instance has confirmed that Mainland entities controlled by the PRC Central People's Government benefit from "crown" immunity from suit and execution...
Union Law
On 2006 January 1, the Judicial Interpretation of China Supreme People’s Court for Resolving Disputes Concerning Letters of Credit (Judicial Interpretation) entered into force.
Pinsent Masons LLP
It seems everyone wants a piece of China. China was the world's number two destination for foreign investment in 2004 drawing a record US$61 billion for two years running in 2004 and 2005. With a population of 1.3 billion and GDP growth of 8.1%, China is set to be the second largest economy in the World by 2020, behind only the USA.
Wenger Vieli Belser
China Legal Briefing is a collection of Chinese law related news gathered from various media and news services.
International Arbitration Comparative Guide for the jurisdiction of Hong Kong, check out our comparative guides section to compare across multiple countries
Mayer Brown
Hong Kong's Chief Executive Carrie Lam delivered her most recent Policy Address a couple of weeks ago.
Holman Fenwick Willan LLP
In the recent case of TNB Fuel Services Sdn Bhd v China National Coal Group Corporation, the Hong Kong Court of First Instance has rejected an attempt by a PRC state-owned enterprise...
Angela Wang & Co.,
Pursuant to the Closer Economic Partnership Arrangement ("CEPA") signed between Mainland China and Hong Kong SAR on 29 June 2003, the Mainland have applied zero tariff on certain imported goods of Hong Kong origin commencing from 1 January 2004.
Singh & Associates
International Arbitration Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries
Nishith Desai Associates
Indian Stamp Act is proposed to be amended to replace broker turnover stamp duty with stamp duty on the clearance list used for transactions through stock exchange.
Khurana and Khurana
Allergan's "Restasis®" is a branded ophthalmic cyclosporine emulsion, for the treatment of chronic dry eye, with annual sales of nearly $1.5 billion.
Infini Juridique
The Plaintiff, Monsanto Technology LLC had filed a Commercial Suit Number CS Comm No. (132 of 2016) before the Hon'ble Delhi High Court alleging that Nuziveedu Seeds Ltd and others were...
Singhania & Partners LLP, Solicitors and Advocates
The government is taking various routes to facilitate and broaden Foreign Direct Investment inflows into India.
Mayer Brown
On January 10, 2008, the Supreme Court of India issued an important decision in the case Venture Global Engineering v. Satyam Computer Services, Ltd. regarding the enforcement in India of foreign arbitration awards.
Sometime it happens in trademark disputes that the impugned mark is an indicator of a trade source which is entirely different from the first i.e. the businesses and the goods are completely different bearing the same trade name/mark.
A word trademark is inherently distinctive when it is an invented or coined word and the uniqueness of its distinctiveness can be diluted if used by others in an unauthorized manner. But the pertinent question here is that what is the time limitation to bring a passing off action against the unauthorized use of the trademark.
One of the important criteria for obtaining registration under the Copyright Act, 1957 is that, the application must include a statement accompanied by a certificate from the registrar to the effect that no trademark identical or deceptively similar to such artistic work has been registered under the Trademark Act.
Sec. 57 of the Trade and Merchandise Marks Act, 1958 gives power to registrar to rectify the register. However, the plain reading of this section gives rise to a conflicting situation in light of section 107 of the Act, which puts a bar on power of registrar in this regard.
The Trademark battle often runs into taking the shape of a suit for infringement, deception, claim of being a prior user, so on and so forth.
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