Getting To Know…Paul Haswell

July 12, 2023
A lover of all things tech, Paul Haswell is a highly-regarded TMT focused lawyer, most recently as a Partner with Seyfarth Shaw in Hong Kong. He is also a ‘tech and law’ podcaster, but residents of the city are as likely (or perhaps more so) to know him for his other main passion, music. Haswell has a long running stint spinning the discs on RTHK’s ‘Sunday Escape’ radio programme, and as a club and podcast DJ with Clockenflap, both of which he fulfils with his ‘Crimes Against Pop’ partner, Carolyn Wright. Tim Gilkison recently spoke to Haswell about his journey in law, the importance of mentorship, AI, new music…oh, and time travel! K&L Gates Welcomes Hong Kong Technology Partner Which came first, your love of technology or an interest in the law? Technology, by quite a long way. When I was very young I had three main interests: computers, science fiction, and music. Bear in mind that this was during the very early 1980s, so my interest was being stoked by Star Wars, Star Trek and Doctor Who, the Atari 2600 and then Commodore 64, and whatever I could hear on the radio at the time or find to play on my rather battered hand-me-down record player. I got my first computer (the aforementioned Commodore 64) in about 1984 and spent most of my childhood using it for rudimentary programming, games, and for some reason I even thought that doing my homework using it was exciting. That began my love of computers and technology in general, and ever since then I have been obsessed with new gadgets, the use...

Recent Trends of Enforcement of Anti-Trust and Trade Competition Law in Thailand

July 12, 2023
PRANAT LAOHAPAIROJ The Trade Competition Act B.E. 2560 of Thailand (“Act”) was enacted in 2017 and is the second version of the anti-trust and trade competition law in Thailand. Its predecessor is the Trade Competition Act B.E. 2542, which was enacted in 1999 and saw very little usage due to a lack of necessary supplementary regulations and will of the government and the public to put the law to use. During the 18 years of its existence, the 1999 law only saw action a few times, with all of the cases dropped due to lack of evidence or governing support. The Act is the reincarnation of the 1999 law, with most of the provisions transposed from the 1999 law onto the Act almost verbatim, but with minor differences regarding categorisations and re-classifications of penalties and other minor details. The Act was deemed appropriate to change the competition landscape in Thailand in order to promote more holistic competition within the economy and enhance understanding between different stakeholders and the governing authority. The Act is also intended to extinguish, or at least limit, unnecessary hindrances to trade that had (and to some extent nowadays still have) existed because of historical trade practices and unique cultural conduct. These practices and conduct, such as arrangement, exclusivity, resale price maintenance, unfair poaching, cost imposition, have largely been banned in countries that have enacted their version of anti-trust and trade competition law, and Thailand was deemed ready to follow suit. The Trade Competition Commission of Thailand (“ TCCT ”), which is the governing authority over the Act, was very clear that during the first few...

The Greater China IP Updates – June 2023

June 20, 2023
Taiwan Revises Enforcement Rules of the Patent Act The revisions to the Enforcement Rules of the Patent Act went into effect on May 1, 2023.  A summary of the key points are as follows: To determine whether any amendments are made in divisional applications, the Taiwan Intellectual Property Office shall carefully review whether their subject matter has extended beyond the content of the earlier application as filed. Applicants are required to attach a marked document indicating differences or changes in the application, with added parts underlined and deleted ones struck through, along with a relevant explanation of any and all alterations made, thus improving efficiency in the examination of divisional applications. In accordance with Article 27 of the Patent Act, if a biological material has been deposited in a depository designated by a foreign country in its territory with which Taiwan recognizes the effects of deposits based on reciprocity, and the certificate of deposit issued by said foreign depository is submitted within the time period prescribed, the applicant is exempted from the requirement of making a deposit in Taiwan. Presently, foreign depository institutions that have been reciprocally recognized by Taiwan are international depositary authorities under Article 7 of the Budapest Treaty.  These authorities shall issue documents that include certificates of deposit and viability statements, a practice that Taiwan also adopts.  In order to promote mutual recognition of biological material deposits between Taiwan and other countries, documents issued by depositories without the status of an international depository authority must include a viability statement. Taiwan Legislative Yuan Approves Draft Revision of Trademark Act The Economics Committee of the Legislative Yuan reviewed...

The THAI Corporate Counsel Association Launches in Thailand

June 13, 2023
Thailand’s legal community takes a significant step forward with the establishment of the THAI Corporate Counsel Association (THAI-CCA). The THAI-CCA was founded on 23 February 2023, and will be officially launched on 22 June 2023, with the vision of advancing legal innovation, best practices, and career opportunities for in-house lawyers in Thailand. The THAI-CCA plans to achieve its mission through educational programs, networking opportunities, and community initiatives. As the role of corporate counsel evolves, the THAI-CCA aspires to be a “community of solvers” where members work together innovatively to address critical problems and challenges faced by businesses and society. By offering educational seminars, thought leadership events, and professional development programs, the THAI-CCA aims to upskill and empower its members. These programs will provide valuable insights, foster thought leadership, and support professional growth. THAI-CCA will collaborate with law firms, knowledge partners, and law schools in Thailand to offer seminars, soft-skill training sessions, and an annual law conference for in-house lawyers, and establish connections with a broader network of in-house lawyers from across the ASEAN region. The THAI-CCA has secured the support and sponsorship of leading law firms, including Chandler MHM, Herbert Smith Freehills, Kudun & Partners, and Tilleke & Gibbins. The association has also received warm welcomes from regional corporate counsel alliances such as the Singapore Corporate Counsel Association (SCCA) and the Association of Corporate Counsel (ACC). In-house lawyers based in Thailand are invited to register for THAI-CCA membership to gain full access to member-exclusive activities. The THAI-CCA does not currently collect membership fees and expects to operate as an incorporated professional organisation by...

Luthra and Luthra Law Offices Mourns the Loss of Mr Rajiv K Luthra, Founder and Managing Partner

June 5, 2023
Luthra and Luthra Law Offices India, a leading full-service law firm in the country, is mourning the loss of their Managing Partner and Founder, Mr Rajiv K Luthra. Born on 1 August 1957 in Delhi, Mr Luthra embarked on his legal journey by obtaining his law degree from Delhi University. In 1990, he established Luthra and Luthra Law Offices, which has since grown to a talented team of over 300 lawyers, including 70 partners. Renowned for his expertise in corporate and project finance, his achievements include being recognised as an Eminent Practitioner by Chambers & Partners Global in 2023. Asia Law Leading Lawyers identified him as one of the most highly acclaimed legal experts in the Asia-Pacific region in the field of Capital Markets & Corporate Finance. Furthermore, his exceptional leadership abilities garnered him accolades such as being named one of the ‘Top Managing Partners’ by Forbes India Legal Powerlist and receiving the Managing Partner of the Year award at both the LegalEra India Awards and ALB India Law Awards in 2020. Luthra and Luthra eloquently captured the enduring legacy left behind by their beloved leader. The firm notes that “he was one of the greatest visionaries who not only established one of the best law firms in India but also inspired and encouraged an entire generation of young lawyers to spread their wings and fly higher”. Beyond the firm he lead, his loss has been felt widely across the legal community. Mohit Saraf, Founder and Managing Partner of Saraf and Partners shared “I am deeply saddened by the untimely demise of Mr Rajiv Luthra, a renowned figure in the...

The Greater China IP Updates – May 2023

May 22, 2023
TIPO Issues Draft Amendments to Regulations Governing the Determination of Patent Term Extension Draft amendments have been made to Articles 4 and 10 of the Regulations Governing the Determination of Patent Term Extension, the Taiwan Intellectual Property Office (TIPO) announced recently.  Firstly, the amendment to Article 4, Paragraph 2 states that the specific patent agency may rely on documents that indicate the period of domestic and/or foreign clinical trials conducted for obtaining a marketing approval of a drug from the central competent authority in charge of the business as criteria for determining the extension of the patent term.  The Specific Patent Agency does not need to send the documents to the central competent authority for confirmation.  Another part of Article 4 states that during examination for marketing approval, the central competent authority in charge of the business shall confirm documents that indicate the period of domestic and/or foreign clinical trials and a data sheet for data exclusivity and domestic and/or foreign clinical trials submitted by an applicant.  If there is any difference between the results confirmed by the central competent authority and the data sheet submitted by the applicant, the difference shall be corrected on the data sheet and approved by the central competent authority.  Since the central competent authority has confirmed the period of domestic and/or foreign clinical trials conducted for obtaining a marketing approval, the specific patent agency can determine and calculate the period of domestic and/or foreign clinical trials based on the data sheet confirmed by the central competent authority.  Hence the proviso ‘sent by the specific patent agency’ in the current regulation is deleted.  This...