Japan: outward-looking insights

Legal Briefing

Atsumi & Sakai is a multi-award-winning, independent Tokyo law firm with a dynamic and innovative approach to legal practice; it has been responsible for a number of ground-breaking financial deal structures and was the first Japanese law firm to create a foreign law joint venture and so admit foreign lawyers as full partners. Expanding from …

Doing business in Thailand

Legal Briefing

The Foreign Business Act (FBA) governs the scope of foreign participation in business activities in Thailand. Under the FBA, foreigners, unless otherwise exempted, are restricted from participating in certain specified businesses. Foreigners are required to obtain a foreign business licence or certificate before engaging in such activities.

Corporate reorganisations: how US tax reform drives cash repatriation programmes | Eversheds Sutherland

Legal Briefing

Change is the new norm and each month, companies are contemplating how to transform their current business set-up to create efficiencies, maximise use of invested capital and simplify corporate structures. Other motives for corporate reorganisations are very often the improvement of fiscal compliance and tax efficiency. The Trump administration’s tax reforms have created a recent …

Trademark law and the criteria of distinctiveness

Legal Briefing

Introduction The traditional way of assessing distinctiveness is strictly focused on the specific national market in which the trademark and product occur, so that a trademark may very well be distinctive in a given market and not distinctive in another. In this article, we challenge this traditional approach and investigate more closely if specific circumstances …

The Application of Injunction in IP Litigation Cases in China

Legal Briefing

There is a continuously rising number of IP litigation cases in China in the past five years. For example, the number of civil, administrative and criminal IP cases newly filed before the courts in 2018 reached 334,951, according to the Annual Report on the Judicial Protection of Intellectual Property Rights of Chinese Courts (2018), which …