Issue #45: Don’t Be Greedy
Welcome to the 45th edition of OIA!
Here are the latest 🌶 headlines in APAC:
India: India recovers USD 310 million in bank guarantees over scrapped helicopter deal with Finmeccania
South Korea: The former VP of Samsung Electronics’ IP Center fails in his patent lawsuit against Samsung Electronics
Ling Yah
P/S: Know of any interesting seminars happening? Drop us a note at editor@overheard.asia!
Apple’s Chinese Win
Apple’s having a tough time in China.
It’s currently facing:
Rising nationalist sentiment in China;
Rising US-China trade tensions, which include Beijing’s 2023 ban on foreign devices in official workplaces;
Plunging demand for iPhones in China; and
Stiff challenge from competitors like Huawei Technologies Co in the premium smartphone market.
But a small light has just shone for Apple.
🍿What Happened?
In 2021, a local consumer, Jin Xin, filed a case against Apple Inc over its 30% commission fees on in-app purchases made in its App Store and ensuring that Apple Pay would operate as the sole payment method.
Apple argued that its fees were justified given the security and peace of mind it provides its users
👀What Now?
Shanghai Intellectual Property Court has dismissed Jin Xin’s case, finding that Apple’s fees weren’t ‘significantly higher’ than those on Android platforms, and that there was no evidence suggested that the fees directly led to higher prices for consumers.
Don’t Be Greedy?
Close to 73% of Indonesian consumers are making purchases on Shopee, making it the most popular e-commerce platform in Indonesia.
This naturally invites a great deal of scrutiny.
🍿 What Happened?
Indonesia’s antitrust agency, KPPU, has accused Shopee of violating anti-competition rules because it has limited the delivery service options on its platform to just two - J&T Express and Shopee Express.
According to KPPU, this had a direct competitive impact on consumers. The priorisation of Shopee Express, an affiliate company, is also considered an exclusionary practice.
👀 What Now?
Shopee is scheduled to deliver its defence in the hearing on 11 June.
If found to be in violation, Shopee could face fines and be required to change the way it presents delivery options to its consumers.
Xiaomi's $300 million embarrassment?!
Xiaomi Corporation is facing a double whammy in France and India.
🍿 What Happened?
In a dispute that began 5 years ago, patent holding company Sun Patent Trust accused Xiami of infringing upon its standard essential patents ("SEPs") by using SEPs in nearly all 4G enabled devices it produced since late 2018 without proper licensing.
This has culminated in lawsuits initiated in the Paris Judicial Court alongside proceedings in Delhi.
The Paris court will focus on a licensing agreement covering a worldwide portfolio of 167 patent families of SEPs under FRAND terms.
In India, the Delhi High Court will determine if there was any infringement and whether Sun Patent Trust the patent holder had fulfilled its obligations. The lawsuits are collectively valued to be over $300 million.
Yikes!
Spotlight: Mei Yee Kang
What is your current role?
I am currently working on some ideas which if implemented well, will be helpful to directors and shareholders (and maybe the wider stakeholders) of companies in managing and/or avoiding disputes. These ideas have been sitting in my mind for quite some time already. I really want to put them into action, but the day-to-day work has been keeping me occupied. However, now that I have spilt the tea, I should make no more excuses.
What is your proudest achievement?
My proudest achievement is the Master of Laws degree which I obtained from the Netherlands recently. The reason is not so much about the diploma itself, but the journey. It all started with a small voice inside my head that ‘hey, you have an unfulfilled dream’. The unfulfilled dream refers to my aspiration to deepen my knowledge in public international law. The voice went unnoticed for a while as I dedicated all my time and effort working towards building a sustainable law career domestically. However, I took the leap last year and overcame some hurdles –mentally, financially, and physically – to finally pursue a full-time study in the city of international peace and justice.
If you had 25 hours in a day, what would you do with the extra hour?
Meet more people! We only get to live one life but if we meet more people and create more genuine connections, we get to hear and learn from them, and hence living more than one life.
If you weren't a lawyer, what would you be?
Probably an academician because I love reading, researching, and thinking.
Your favourite food haunt is...?
Ippudo at BSC. It is my favourite place to reward myself after a long week with a combo of ramen and beer!
Food Feature
What's the best thing to do when facing a tropical typhoon in Hong Kong?
Hide away to over an amazing plate of roast duck and roast pork.
Chukfo Taipan Restaurant is a fuss-fresh local joint that serves incredible roast goose and we couldn't recommend it more. But make sure you order some rice because the sauce can be a bit intense!
Address: Google Maps, Openrice
Are you a student or young lawyer?
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Special thanks to Overheard in Asia's sponsor:
David Grief was described as "the Law's Middleman" (Business Times, 2021). You can reach out to him at dg@davidgrief.com if you need help identifying the right lawyer, arbitrator or expert for your matters, or even if you just want to grab a drink 🍵🍺 with someone who has managed and mentored lawyers for almost 5️⃣0️⃣ years!