The Greater China IP Updates – August 2023

August 16, 2023
Taiwan Intellectual Property Office Drafts Amendment to the Examination Guidelines on Disclaimers for Trademark Applications The Taiwan Intellectual Office announced on May 2, 2023, that it made a draft amendment to the Examination Guidelines on Disclaimers.  Here are some of the main points: For non-distinctive parts of a trademark, a disclaimer will be necessary even if the combination of words created by the applicant seems original but is just a description of the trademark’s designated goods or services. By issuing a disclaimer for the non-distinctive part, consumers and competitors will understand clearly that the non-distinctive part is not being claimed. Other non-distinctive signs, such as surnames, slogans, idioms, and popular terms that are not descriptive, are often expected by businesses to potentially be part of their exclusive rights. If judged to be non-distinctive, however, such signs should generally be disclaimed. Numbers larger than two, model numbers, and symbols that have been determined to be non-distinctive should be disclaimed. However, if the meaning of the numbers (such as specifications, quantities, time or era) is clear and specific to the product and commonly used in the industry, and if it can be determined that they do not raise any doubt about the scope of the trademark’s rights, they do not need to be disclaimed. Where the position, font size, or proportion of the non-distinctive part of a trademark may affect the applicant’s judgement as to whether to claim the trademark rights to that part, a disclaimer for that part should be made. If there is sufficient evidence during examination to determine that a non-distinctive element is commonly used by the industry...

Three New Cabinet Decisions Regarding Corporate Tax and Tax Procedures Announced – Summary

August 7, 2023
Introduction On 28th of July 2023, the UAE Ministry of Finance published three new Cabinet Decisions pertaining to corporate tax and tax procedural law: Cabinet Decision No. 74 of 2023 On the Executive Regulation of Federal Decree-Law No. 28 of 2022 on Tax Procedures (further also as the “CD No. 74 of 2023”). Cabinet Decision No. 75 of 2023 On the Administrative Penalties for Violations Related to the Application of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses (further also as the “CD No. 75 of 2023”). Cabinet Decision No. 81 of 2023 On Conditions for Qualifying Investment Funds for the Purposes of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses (further also as the “CD No. 81 of 2023”). The first two legal acts came into force on 1st August 2023, whereas CD No. 81 of 2023 should come into effect the day following the date of its publication. At the time of writing this alert, CD No. 81 of 2023 is not yet officially published in the official UAE Gazette. 1. Tax Procedural Changes – CD No. 74 of 2023 On 30th September 2022, a new tax procedural law has been published under the Federal Decree-Law No. 28 of 2022, with 1st March 2023 marked as the date of entering into force, replacing Federal Decree-Law No. 7 of 2017.   However, the executive regulations that were issued under the Federal Decree-Law No. 7 of 2017 (Cabinet Decision No. 36 of 2017) remained in force, creating interpretational problems, especially around the Voluntary Disclosure obligation. The discussed CD No. 74...

A New Vision for Corporate Lawyers by Peter Connor

July 26, 2023
Q&A with Peter Connor, founder of AlternativelyLegal, and author of the book ‘A New Vision of Corporate Lawyers’. Can you give us an overview of your book and explain how it addresses the concept of human transformation in the field of corporate law? The book makes the case for why corporate lawyers, legal departments and firms should head in a different direction and adopt a new paradigm. It outlines the changing landscape for lawyers, then defines the change imperative, before painting a very clear picture of what the future could look like. That new vision is for lawyers to become businesspeople, not just lawyers; to regularly provide business input and advice, not just legal advice; and to regularly do business work, not just legal work. I refer to such a lawyer as a T-Shaped Lawyer, a form of legal expert business generalist as shown below. That is what I mean by human transformation – fundamentally changing the work that lawyers do and their capabilities to do that new work. Re-imagining your work and reinventing yourself. Why adopt this new vision? The book outlines various reasons but the primary reason is because it turns out that working in the business, not on the business, is the best way to add more value for, and as a result be more valued by, clients. How do I know that? Through my own personal experience working as a lawyer for about 30 years around the world and from the feedback from thousands of lawyers in my workshops who are attracted to this vision but are still in the process of adopting it. The...

Europe-Asia Great Divide in Regulating the Digital Economy

July 26, 2023
FRENY PATEL The proliferation of the Internet and the critical role of technology players in our daily lives have regulators grappling with how best the digital economy should be regulated against the anti-competitive behaviour of large online platforms. Europe has taken the lead towards ex-ante regulations with the Digital Markets Act (“DMA”), which came into effect a little over a month ago on 2 May 2023. The DMA sets the ground rules on what is acceptable behaviour. The DMA is aimed at reining in ‘Big Tech’ and their alleged abuse of power, but is still a work in progress. Digital platforms, often identified as gatekeepers, have the tendency to adopt a winnertakes-all approach and monetize market data. The idea behind ex-ante regulations is to truncate the time period and intervene before the market is entrenched with one or two players. However, a Singapore-based policy director with a leading multinational digital platform recently voiced concerns and cautioned enforcers in the Asia Pacific region to tailor digital regulations according to local economies, given the far-reaching implementation costs of ex-ante rules and the overarching implications. Unlike the European Commission, most Asian enforcers are still sitting on the fence, deliberating on how digital economies should be regulated and whether ex-ante rules are the solution or even warranted. There is clearly a Europe-Asia great divide on how the digital economy should be regulated. Each inquiry requires more time and by the time authorities complete the investigations, reach a finding, and issue directives, the markets may irreversibly tip in favour of the leaders The debate on the need to relook at antitrust enforcement tools has...

The Greater China IP Update – July 2023

July 24, 2023
Taiwan Chips Act Sets Research and Development Spending at NT6 Billion The Ministry of Economic Affairs sets the research and development investment threshold at NT6 billion for companies to qualify for tax incentives under recently approved amendments to the Act for Industrial Innovation – Taiwan’s version of the US Chips and Science Act.  The announcement was made on May 2, 2023.  That sum was slightly less than the government’s original threshold of between NT5 billion and NT10 billion.  However, it is much higher than the average annual R & D expenditure of NT3 billion that the nation’s top 100 companies have committed to over the past few years.  Another requirement is that companies need to set aside at least 6% of their revenue for R & D in order to receive the tax incentives.  The targets of the government’s initiative are those companies in Taiwan that are strategically important to global supply chains.  It is also hoped that the program will encourage more overseas Taiwanese businesses to invest back home.  Besides semiconductor firms, the program is also applicable to companies that are capable of developing world-leading or innovative and scalable technology in strategic industries such as 5G, electric vehicles and low Earth Orbit Satellites.  The new tax incentives will be in place for seven years, starting this year, and the ministry will start accepting applications next year based on their investments this year.  Taiwan Semiconductor Manufacturing Co. is widely considered to be on top of what is likely to be a short list of companies eligible for tax breaks as the world’s biggest contract chipmaker plans to allocate about...

In-House Insight with Terence Fernando of Coca-Cola

July 12, 2023
On how legal teams are evolving and how embracing technology and fostering safe environments build better businesses What Inspired You To Transition From Private Practice To Public Service And Then Back To The Private Sector? How Did Each Experience Shape Your Legal Career? After passing the bar, I started working in a law firm because I thought that was where you learned the practice of law. For about four years, I was fortunate enough to work for a retired Supreme Court Justice. I picked up a lot of learnings, just by watching him argue and examine witnesses in court, drafting pleadings for him, riding in the car and talking about case strategy, oral arguments, and all the hard work that accompanies case preparation. Thereafter, I was appointed as a special prosecutor. My job was investigating and prosecuting erring government officials. Working for the government has its own opportunities and challenges, but I learned so much about the inner workings of the government, how the local and national government agencies creates its budget, advance its policies and laws, and provide public services. Of course, I was also able to see the not-so-good side as well, such as inefficiency and corruption. After five years, I thought I was ready to move on and I transferred to become an in-house counsel. This is where I truly felt I belonged, and I have been in this space for over twelve years now. For me, having a deep understanding of the business is key to being successful in an in-house role, as well as having effective leadership and communication skills. Each of my work...