Publications

How to Determine Whether Trademarks Are Identical or Similar?

How to Determine Whether Trademarks Are Identical or Similar?

In practice, if a trademark applicant fails to accurately assess the degree of similarity between a proposed mark and a prior mark, the application is highly likely to be rejected or opposed. It is therefore necessary, within a framework of normative interpretation, to conduct a systematic analysis of the standards, methodologies, and relevant factors for determining whether trademarks are identical or similar.

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Breaking: Nationwide LTCI Rollout—What Employers Must Know

Breaking: Nationwide LTCI Rollout—What Employers Must Know

Recently, the General Office of the CPC Central Committee and the General Office of the State Council issued the Opinions on Accelerating the Establishment of a Long-Term Care Insurance System, marking China’s long-term care insurance (LTCI) system entering a stage of full-scale advancement. As an important component of the social security system, this policy not only concerns public welfare but will also have a profound impact on corporate labor cost structures and human resources management. For enterprises, it is particularly critical to understand the policy framework in advance and prepare accordingly.

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What Foreign Investors Should Know Before Entering the Indian Market?

What Foreign Investors Should Know Before Entering the Indian Market?

India has become one of the most attractive destinations for foreign investment. Its large consumer base, expanding economy, and growing digital infrastructure present significant opportunities. However, entering the Indian market requires careful planning and a clear understanding of legal, regulatory, and commercial factors. Foreign investors must approach this market with a structured strategy to ensure long term success.

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AI triggered layoffs? Don’t worry—we’re here with you!

AI triggered layoffs? Don’t worry—we’re here with you!

Recently, chat records claiming that a major internet company used AI to replace some positions, resulting in large-scale layoffs, went viral online. Although such chat records should not be readily believed, we strongly recommend that you learn relevant knowledge about layoffs in advance.

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CONSUMER PROTECTION VS ABUSE OF RIGHTS: THE CJEU ON WITHDRAWAL RIGHTS

CONSUMER PROTECTION VS ABUSE OF RIGHTS: THE CJEU ON WITHDRAWAL RIGHTS

Consumer protection law is designed to correct imbalance. It gives consumers a shield against better-informed, better-organised traders, especially in distance selling, where the consumer cannot inspect the service or negotiate face to face. In a recent judgment, the Court of Justice of the European Union addressed three highly important issues relating to consumer protection law. Does the use of a professional intermediary affect consumer status? What exactly qualifies as a distance contract? What limits the exercise of the right of withdrawal? We analyse the judgement below.

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WHERE WORK GOES, LAW FOLLOWS? THE CJEU CLARIFIES HABITUAL PLACE OF WORK

WHERE WORK GOES, LAW FOLLOWS? THE CJEU CLARIFIES HABITUAL PLACE OF WORK

Cross-border employment relationships frequently raise complex questions regarding the law applicable to employment contracts. What qualifies as the employee’s habitual place of work if the place of work changes during the course of the employment relationship? The Court of Justice of the European Union had to answer this question in the Locatrans case which we analyse below.
ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article.

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LITIGATION UPDATE: WOMAN SUBJECTED TO HARASSMENT BY AN OUTSIDER CAN APPROACH ICC UNDER POSH

LITIGATION UPDATE: WOMAN SUBJECTED TO HARASSMENT BY AN OUTSIDER CAN APPROACH ICC UNDER POSH

The Supreme Court in Dr. Sohail Malik v. Union of India & Anr., has clarified the jurisdiction of Internal Complaints Committees (“ICC”) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”). The Court held that the ICC constituted at the workplace of the aggrieved woman is competent to inquire into a complaint even when the respondent is employed in a different department or organisation. The expression “where the respondent is an employee” in Section 11 of the POSH Act was interpreted as procedural and not as a jurisdictional limitation. The Court further held that surrendering jurisdiction to the ICC of the respondent’s department would defeat the remedial purpose of the statute and create barriers for victims seeking redress.

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Litigation Update: Surrender of Reserved Land in Exchange for Development Rights Constitutes Valid Acquisition under the MRTP Act

Litigation Update: Surrender of Reserved Land in Exchange for Development Rights Constitutes Valid Acquisition under the MRTP Act

The Bombay High Court, in Milan CHSL v. Pune Municipal Corporation & Ors. held that surrender of land reserved under a sanctioned development plan in exchange for development benefits such as waiver of compulsory open space requirements and grant of higher FSI constitutes a valid acquisition by agreement under Section 126(1)(a) and (b) of the Maharashtra Regional and Town Planning Act, 1966 (“MRTP”). Such development rights and FSI have measurable monetary value and amount to valid consideration, even if no monetary compensation is paid. Once possession is handed over pursuant to a concluded agreement and the landowner has availed the benefits of the sanctioned layout, title validly vests in the planning authority, and the landowner is estopped from challenging the acquisition or seeking declaratory and injunctive relief after an inordinate delay. Click here to read the Order of the Hon’ble High Court of Bombay.

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