Philippine Internet Transactions Act: An Overview

January 11, 2024
The rapid advancement of digitalization brought with it increased patronage for e-commerce. In April 2023, the Secretary of the Philippines’ Department of Trade and Industry (“DTI”) reported that the increase in online transactions globally resulted in 80% growth in suspected digital fraud attempts. Suffice to say that one of the pronounced effects of the rise of e-commerce is the consequent proliferation of e-commerce fraud. While the growth of e-commerce demonstrated its potential of transforming how businesses are conducted, it also highlighted the need for governments to put in place ethical, legal and regulatory frameworks to aid consumers and entrepreneurs in navigating this increasingly complex and evolving business landscape. In the Philippines, Republic Act (“R.A.”) No. 11967 or the Internet Transactions Act of 2023 (“ITA”) was recently signed into law with the objective of regulating commercial activities through the internet. The goal is to ensure that consumer rights and data privacy are protected, innovation is encouraged, fair advertising practices and competition are promoted, online transactions are secured, intellectual property rights are upheld, and product standards and safety are guaranteed. SCOPE OF THE LAW AND JURISDICTION OF REGULATORY ENTITY In terms of application, the ITA applies to all business-to-business (“B2B”) and business-to-consumer (“B2C”) internet transactions within the mandate of the DTI where at least one of the parties is situated in the Philippines. The ITA defines an “internet transaction” as the sale or lease of digital or non-digital goods and services over the internet. The ITA is extraterritorial in scope in that it encompasses all e-commerce participants including foreign retailers which avail of the Philippine market to the extent of establishing...

Celebrating Excellence in Legal Practice: Results from the In-House Community Counsel of the Year Awards 2023

January 3, 2024
In a compelling display of resilience and adaptability, legal professionals convened virtually on 24 November 2023, for the second consecutive online IHC Counsel of the Year Awards ceremony. This event not only celebrated the outstanding achievements of legal professionals in South Africa, Asia, and the Middle East, but also cast a spotlight on the dynamic evolution of legal practice across the globe. Jump to the full list of award winners Rahul Prakash from In-House Community Rahul Prakash, publisher of In-House Community, set the stage with insightful remarks on the shifting landscape of the legal profession. He noted that, with the return of travel and the introduction of a new hybrid office model, the term “legal eagle” has taken on a new meaning. Prakash also reflected on a perceptible shift in the legal landscape over the past 18 months. Over this time, lawyers have been at the forefront of monumental tasks, ranging from overseeing large multi-jurisdictional deals to orchestrating comprehensive restructurings. Their role has extended beyond traditional boundaries, encompassing innovative process changes that have reshaped the way legal services are delivered. A common trend emerging is the significant digital transformation initiatives being undertaken across industries. Against this background, the 2023 In-House Community Counsel of the Year Awards are a true reflection of excellence and innovation, covering a spectrum of categories and illustrating the diverse nature of the profession. The awards included the prestigious In-House Industry Teams of the Year, Commended External Counsel of the Year, In-House Best Practice Management Awards, Corporate Social Responsibility (CSR), Diversity & Inclusion, Innovation, In-House Teams of the Year, and In-House Counsel of the Year. The...

The Greater China IP Update – December 2023

December 25, 2023
Taiwan Introduces the Accelerated Design Patent Examination Pilot Program The Taiwan Intellectual Property Office (TIPO) has introduced their Accelerated Design Patent Examination Pilot Program to provide a more flexible examination process for design patent applications.  Following are some of the conditions for applicants to be aware of: Applicants shall provide documents to show that a third party has used the design commercially backed up by a timeline and third party details. The applicant should submit evidence such as product catalogs, newspapers or magazines. Applicants who have won known domestic or international design awards shall provide relevant documents including a certificate bearing the applicant’s name and appearance of the subject design. Design awards such as the Golden Pin Design Award (Taiwan), iF Design Award (Germany), Red Dot Design Award (Germany), Good Design Award (Japan), and the International Design Excellence Award (USA) all qualify. Design patent applications from startup companies that are registered and established for less than 8 years can qualify. If the applicant is a non-Taiwanese company, proof of establishment date (and Chinese language translation) shall be required.  Also, a startup company can only apply for Accelerated Design Patent Examination for a maximum of 3 cases in the same year. The program is applicable once the TIPO has notified the applicant that an application is about to enter substantive examination or re-examination. TIPO expects to render examination results within 2 months at the latest after the application form and necessary documents are submitted in full. The trial period of the program runs until December 31, 2024.  The TIPO will determine whether to continue implementation or modify the program after...

The Greater China IP Updates – November 2023

December 12, 2023
Taiwan Tech Arena Celebrates Fifth Anniversary Tech incubator Taiwan Tech Arena was formed by the Cabinet in 2018.  Its aim was to nurture chip-focused start-ups and recruit international talent to Taiwan by optimizing the investment environment for start-ups and create programs to encourage youth entrepreneurship and regional vitalization.  The Cabinet has approved more than 90,000 applications for youth entrepreneurship loans and assisted young start-ups in obtaining more than NT 73.5 billion dollars in financing.  More than 700 start-ups have been created with this help in such fields as artificial intelligence (AI), software and health applications.  In effect, the organization bridges the gap between academia and the private sector via the National Science and Technology Council (NSTC).  Next year, the government plans to launch the Chip-Driven Taiwanese Industrial Innovation Plan.  By actively assisting entrepreneurs to protect their IP, the plan will roll out new initiatives to bolster connections with other countries, promote industrial innovation while integrating Taiwan’s industrial supply chains.  The 10-year plan seeks to take advantage of Taiwan’s strengths in semiconductors to drive breakthroughs in sectors related to food, medicine, housing, transportation, education and entertainment.  Currently, there has been a lot of investor excitement over ChatGPT, and indeed the potential for patents in semiconductor technologies and software related design has given a boost of optimism to the sector. Taiwan Increases Research and Development Spending In a study organized by the Ministry of Economic Affairs researching the period 2012 to 2021, it was seen that Taiwanese companies accelerated research and development investment to an all-time high of NT 820.6 billion in 2021.  A lot of the research and development has...

Hong Kong Lawyers are Walking for Good

November 10, 2023
The Hong Kong Legal Walk begins on 20 October 2023, marking only the second event in its history. As the opening ceremony approaches, Phil Taylor looks at what makes the event special, and what it means for its participants, benefactors and charities Walking for a just cause may be in lawyers’ bones. Over the years, and across the world, countless causes have been supported in this way. Walking together in public is a way of showing solidarity and raising money for those less fortunate, lawyers have often been at the forefront of these initiatives. It was while mulling over thoughts like these in late 2020, that Jonathan Bell, an entrepreneur with extensive background in the legal sector, realised that something was missing in Hong Kong. The London Legal Walk, a popular annual fundraising event supporting free legal advice services, is approaching its 20th anniversary and has raised over £10 million in that time. Similar events take place in other cities. But there was a noticeable gap in Hong Kong. “This idea came to me: there’s that great initiative in London, so let’s take that initiative and that model, and run it in Hong Kong – or walk it, for that matter,” says Bell. And so the Hong Kong Legal Walk (HKLW) was born. The timing could not have been much better. After the challenges of the past few years, including the long months of lockdown and isolation, many people were keen to get outside and get involved in something bigger. Speaking to the Hong Kong Legal Talk podcast in September, Amanda Rasmussen, Managing Director of FTI Consulting, summarised this...

Cyber Security Breaches in Hong Kong

November 10, 2023
A Growing Trend and a Call to Action JENNIFER WU Hong Kong has witnessed a recent surge in cyber security breaches, with both private and public sectors falling prey to cyberattacks. According to the Office of the Privacy Commissioner for Personal Data (“PCPD”) in Hong Kong, there was a more than 20% increase in reported data breaches in the first half of 2023 compared to the second half of 2022. These breaches have had a profound impact on businesses and individuals, from disrupting business operations to compromising sensitive personal data including credit card details, login credentials and, more severely, medical records. The consequences of these breaches extend beyond financial losses, affecting trust and reputation in the long run. Acknowledging the magnitude and impact of these breaches, the PCPD has taken a more proactive approach to combat the issue. The PCPD is actively investigating and reporting breaches of data privacy and issuing comprehensive guidelines to help organisations improve their data management and security practices. This article aims to shed light on the cyber security risks, recent enforcement actions taken by the PCPD, and the recommended measures to prevent data breaches. An Insight Into A Recent Investigation The PCPD’s investigation into the unauthorised access to credit data in the TE Credit Reference System (“System”) is one example of the impact of data breaches and the remedial measures that could have helped prevent the incident. The complainant discovered that their credit records in the System had been accessed without their knowledge and consent by several other money lending companies. The System was developed and operated by Softmedia Technology Company Limited (“Softmedia”). Around...