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    12:26 PM Jarret Huang* (B.A. Cambridge) (LL.M. Harvard)

    Ochroid Trading: Illegality and Unjust Enrichment after Patel v Mirza

    In Ochroid Trading Ltd and another v Chua Siok Lui (Trading as VIE Import and Export) and another [2018] SGCA 5 (‘Ochroid’), the Singapore Court of Appeal provided welcome guidance as to the impact of Patel on the legal landscape in Singapore. Declining to adopt the broad discretion Patel necessitated, the Court of Appeal affirmed the two-step test first laid out in Ting Siew May v Boon Lay Choo a...

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    03:44 PM Loh Kai Loon (Counsel, Ashurst ADTLaw)

    Of long-form confirmations and closing out for failing to sign an ISDA

    On 4 May 2018, the Singapore International Commercial Court ("SICC") delivered its judgment in Macquarie Bank Ltd v Graceland Industry Pte Ltd [2018] SGHC(I) 05. The case was heard by Justice Sir Henry Bernard Eder, a former judge of the English High Court. This case is important because the SICC discussed the execution of an OTC derivative transaction, an Additional Termination Event where no ISD...

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    10:58 PM Christopher Zheng (LL.B., National University of Singapore, LL.M. (Corporate), New York University)

    Personal Liability of Directors for their Company's Contractual Breaches and Torts: Recent Developments

    While a company is a separate legal entity from its members, shareholders and directors (Gabriel Peter & Partners v Wee Chong Jin [1997] 3 SLR(R) 649 at [32], [34] ("Gabriel Peter")), decisions of a company are often made through its board of directors. Where a company breaches its contract with, or commits a tort against, an external party under the direction of its board, are the directors perso...

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    04:10 PM Victor Looi (LLB, BBM(Finance), Singapore Management University)

    The Use of Similar Colour Schemes, Layouts, and Allegedly Deceptive Geographical References in Trade Marks

    In the recent decision of Morinaga Nyugyo Kabushiki Kaisha (Morinaga Milk Industry Co., Ltd.) v. Starbucks Corporation D/B/A Starbucks Coffee Company [2017] SGIPOS 18, the Intellectual Property Office of Singapore explored two intriguing issues concerning trade mark opposition proceedings: whether a trade mark proprietor can oppose the registration of a later competing mark because the latter shar...

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    02:14 PM Elias Arun (LL.B. (Hons), National University of Singapore) and Joshua Kow (LL.B. (Hons), National University of Singapore)

    A Suspended State of Patent Invalidity: Sun Electric Pte Ltd v Sunseap Group Pte Ltd and others [2017] SGHC 232

    Can patent revocation proceedings be properly brought before the High Court at first instance, by way of a counterclaim in infringement proceedings before the court? This was the central question addressed by the learned George Wei J in the recent case of Sun Electric Pte Ltd v Sunseap Group Pte Ltd and others [2017] SGHC 232. ...