Bryan Ng’s Post

On 6 August 2024, the Swiss Federal Supreme Court ("Court") handed down two related decisions providing important clarifications on the scope of the attorney-client privilege in the context of internal investigations and cooperation with government authorities. Namely, the Court held that a report on findings of facts paired with a legal assessment of these facts arising out of an internal investigation by external counsel with regard to existing or impending legal disputes (internal investigation report) was generally covered by attorney-client privilege and confirmed that the concept of selective waivers applied under Swiss law. One of the decisions also gives a stark reminder to licensed financial institutions to approach cooperation with FINMA in this context thoughtfully.   Baker McKenzie Switzerland`s Christoph Kurth, Louise Sarasin, Simon Ntah, Corinne Nacht-Vogel and Kaspar Projer share the key take aways from these decisions and some further background on how case law has evolved and may evolve in this area.   Read our latest insight article here: https://lnkd.in/dCux68YZ #BakerMcKenzie #BakerMcKenzieSwitzerland #Investigation #Switzerland

How to Handle Intellectual Property Infringement: A Guide for China-Europe Cross-Border Businesses https://smpl.is/9t5ix

How to Handle Intellectual Property Infringement: A Guide for China-Europe Cross-Border Businesses https://smpl.is/9t5iy

On 4 May 2024, the Vietnamese government issued Decree No. 46/2024/ND-CP ("Decree 46") concerning penalties for administrative violations in industrial property. This decree amends and supplements several articles of Decree No. 99/2013/ND-CP, which was previously revised by Decree No. 126/2021/ND-CP ("Decree 99"). Decree 46 will take effect on 1 July 2024. Decree 46 introduces significant updates, enhancing enforcement with new remedies and penalties. It mandates the removal of infringing elements from products, enforces the return and revocation of domain names, and requires modifications to trade names containing infringing elements. Our special counsel Hoa Tran, special counsel Dzung Pham, senior associate Son Tuan Do, IPTech executive AnhThu Nguyen and IP executive Nguyet Le set out some key changes and revisions under Decree 46 in our recent client alert. Read more below: https://bmcknz.ie/44C12be #bakermckenzie #clientalert #decree46

Vietnam has recently isssued Decree 46/2024 to update several regulations on administrative sanctions related to IP. It’s interesting to see that the Government wants to impose sanctions when a trademark license is not made in writing, especially if licensed marks are used on goods or product packaging. As a matter of background: Since 14 Jan 2019, trademark license agreements are no longer required to be registered with the Vietnam IP Office (thanks to CPTPP!) to take effect before third parties. With these regulatory changes, many companies have opted to waive or skip internal trademark license documents between parent companies and their Vietnamese subsidiaries. Given this, it is necessary to ensure that written trademark licenses are ready for possible inspections / visits by local authorities.

A recent trade secret case from New York highlights the importance of how damages are calculated and emphasizes the need to conform those damages calculations to the applicable standards in your jurisdiction. You can learn more about the matter in this alert by Randall Kahnke and Rachel Cardwell.

Japan has introduced a new type of security interest called the "Enterprise Value Charge" by which the entire assets of a corporate debtor can be collateralized. My restructuring and insolvency colleagues Hiroshi Kasuya & Masayoshi Kobayashi have written an article explaining how the new system works. #restucturing

How to Handle Intellectual Property Infringement: A Guide for China-Europe Cross-Border Businesses https://smpl.is/9u7vs

🔒 The term "trade secret holder" is defined in Section 2 No. 2 GeschGehG as any natural or legal person who has lawful control over a trade secret. This generally allows for the possibility of a "joint holder of trade secrets". 💬 So far so good – but how can one of these joint owners defend itself against the other if the latter discloses the trade secret on its own? More about this in the new article by Christoph Wiegand 👉 https://lnkd.in/dPx2uffy #skwschwarz #legalnews #tradesecrets #secretholder

Canadian patentees are entitled to the broadest remedies in case of infringement, including an accounting of profits and a permanent injunction, unless sound reasons and cogent evidence are marshalled to the contrary. Vincent de Grandpré and Jasmine Godfrey discuss a pair of recent appeals that reaffirm this. #IntellectualPropertyLaw #CommercialLitigation