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Legal Updates

Legal Updates for July 2017

Between Admiralty and Insolvency – Maritime Contractual Liens and the Need for Registration
In Duncan, Cameron Lindsay and another v Diablo Fortune Inc and another matter [2017] SGHC 172, the Singapore High Court was faced with issues regarding maritime contractual liens and the effect of insolvency upon their validity. In particular, the Court had to consider the proper governing law and whether such liens have to be registered. Matthew Teo of Rajah & Tann Singapore LLP served as the Amicus Curiae for the Court in this matter.

Protection of Compilations – Rewarding Creativity Only?
In Global Yellow Pages Ltd v Promedia Directories Pte Ltd and anor matter [2017] SGCA 28, the Singapore Court of Appeal made a number of significant pronouncements on the law of copyright in Singapore. In particular, it took the opportunity to clarify the law surrounding groundless threats of copyright infringement, and the manner in which compilations are protected under copyright law in Singapore. This Update looks at the decision of the Court of Appeal and its implications for compilation or database owners.

Cybersecurity Bill Open for Public Consultation
On 10 July 2017, the Ministry of Communications and information ("MCI") and the Cyber Security Agency of Singapore ("CSA") jointly published the draft Cybersecurity Bill, and invited the public to provide feedback on the same by 3 August 2017. This Update provides a summary and our preliminary views and commentary on the proposed measures under the Bill.

Competition Bites – South-East Asia & Beyond
Welcome to our third edition of our quarterly regional competition update for 2017! The second quarter of 2017 coincidentally saw several Asian regulators amending their competition laws to tweak processes. These changes, when they take effect, will have significant impact on the procedures that businesses must take to ensure compliance with competition law. This Update further provides short and easy to read write-ups on these developments, as well as other important legal and economic developments across a number of key jurisdictions. Businesses are reminded to ensure compliance with competition law whilst recognising how easy it is to violate as they go about their operations.

Judicial Interpretations on Criminal Cases Involving Infringement of Citizens' Personal Information
On 8 May 2017, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation of Applicable Laws on Handling Criminal Cases Involving Infringement of Citizens' Personal Data (Law Interpretation No. 10 of 2017) (the "Interpretation"). The Interpretation clarifies the judicial position on key issues that arise out of criminal cases which concern the infringement of personal data, and took effect from 1 June 2017. This Update provides a summary of the key features of the Interpretation.

Cyberspace Administration of China Issues Finalised Measures on Security Review of Network Products and Services
On 2 May 2017, the Cyberspace Administration of China issued the final version of the Measures on Security Review of Network Products and Services (the "Measures"), which took effect from 1 June 2017, which is the same day that the Cyber Security Law entered into force. This Update provides a summary of the key features of the Measures.

Restraint Orders and Charging Orders under the CDSA
Under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act, the State is granted wide powers of seizure and confiscation over the proceeds (and suspected proceeds) of offences. In Public Prosecutor v Rajendar Prasad Rai [2017] SGHC 132, the Singapore High Court considered when it would be appropriate to grant restraint orders or charging orders to enforce such confiscation.

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