the sslc newsletter - samuel seo content/publication/2010_04... · the sslc newsletter april 2010...
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Samuel Seow Law Corporation is a law corporation incorporated with limited liability in the Republic of Singapore
The SSLC Newsletter
April 2010
Volume 5, Issue 2
SPECIAL INTEREST ARTICLE:
Restraint of Trade Clauses in the Context of a Sale of Business 10
In this Issue
Director’s Message 1
Legal Updates 2
Updates from Malaysia 4
Updates on IP 7
Special Interest Article 10
Speaking Engagements 13
Office Happenings 15
News & Events 19
Office Details 34
From The Desk of Samuel Seow I am writing this from the firm‟s apartment in Kuala Lumpur, Malaysia.
Yes, we have an apartment in Kuala Lumpur now (!) and I shall be
spending more time in Malaysia as our associated Malaysian practice,
Seow & Associates, begins its new lap of growth.
I am pleased to introduce all of you to the principals of our Malaysian
practice, Simon Hong and Jessie Tan. You can read more about them
in subsequent pages. I have also requested that Seow & Associates
contributes to our Newsletter with legal developments and updates from
Malaysia, starting from this issue.
I am excited and proud as we strive to re-create in Malaysia, what we
have done in Singapore - to spearhead a new kind of legal practice in
Malaysia.
In late May, I shall be attending the International Trademarks
Association Annual Meeting in Boston with Sia Huan Ying from SSLC
and Jessie from Seow & Associates, and we do look forward to meeting
all our legal practitioner friends and colleagues from around the world
then.
As we explore new areas of growth in Malaysia, I am pleased to report
that our Singapore practice is also expanding. We have taken on more
office space on a new floor of Great World City, on the 13th floor. Our
Litigation & Dispute Resolution Practice Group will move to the 13th
floor unit from May. However, all correspondence and official meetings
will still be held at our main office at unit 15-12.
All very exciting! I am surprised at how excited and enthusiastic I remain
about our growth after so many years. Thank you all for your continued
love and support. None of this could have happened without your love
and support. We shall continue to do our best!
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LEGAL UPDATES
Reduction of Witholding Tax Rate for Non-Resident Public Entertainers
"Singapore's entertainment scene is emerging as an important part of our appeal as
a global city," declared the Minister for Finance, Mr. Tharman Shanmugaratnam,
during his Budget Speech for the Financial Year 2010, which was delivered in
Parliament on Monday, 22nd February 2010.
The reduction of the withholding tax rate for non-resident public entertainers was one
of the numerous tax changes announced by Mr. Shanmugaratnam during his
speech.
The withholding tax rate for non-resident public entertainers will be reduced from
15% to 10% if the income for the services rendered is due and payable to the non-
resident public entertainer during the period from 22 February 2010 to 31 March
2015.
Samuel Seow Law Corporation is proud to have assisted in a small way in this
change by collating industry feedback for the inter-governmental committee which
proposed the tax cut.
For more information, kindly contact our Ms. Trina Ha at [email protected] or
Ms. Suanne Chen at [email protected] or Ms. Sia Huan Ying at
Other Tax Reliefs
The following tax reliefs were also announced by Mr. Shanmugaratnam in his Budget
Speech:
(a) Spouse Relief
With effect from Year of Assessment 2010, the Wife Relief will be replaced by Spouse
Relief. With this change, both male and female resident taxpayers will be able to
claim Spouse Relief of S$2,000 if the wife or husband does not have annual income
exceeding S$4,000.
(b) Handicapped Spouse Relief
The S$2,000 income threshold for Handicapped Spouse Relief will be removed with
effect from Year of Assessment 2010.
(c) Parent Relief
With effect from Year of Assessment 2010, the Parent Relief will be increased
to S$7,000 if the dependant lives with the taxpayer and S$4,500 if the dependant
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does not live with the taxpayer. The income of the dependant earned in the preceding
year must not exceed S$4,000.
(d) Handicapped Parent Relief
With effect from Year of Assessment 2010, the Handicapped Parent Relief will be
increased to S$11,000 if the handicapped dependant lives with the taxpayer and
S$8,000 if the handicapped dependant does not live with the taxpayer. The S$2,000
income threshold for Handicapped Parent Relief has been removed with effect from
Year of Assessment 2010.
(e) Qualifying Child Relief (QCR)
With effect from Year of Assessment 2010, taxpayers can claim the QCR if the
dependant's income earned in the preceding year did not exceed $4,000. Working
mothers who satisfy the conditions for QCR/HCR may also claim for the Working
Mother's Child Relief (WMCR).
(f) Handicapped Child Relief (HCR) & Handicapped Brother/Sister Relief
The $2,000 income threshold for HCR and Handicapped Brother/Sister Relief has
been removed with effect from Year of Assessment 2010.
For more information, kindly contact our Ms. Trina Ha at [email protected] or
Ms. Suanne Chen at [email protected] or Ms. Sia Huan Ying at
MDA Launches International Animation Fund
On 12 April 2010, the Media Development Authority of Singapore (“MDA”)
launched the International Animation Fund (“IAF”) at MIPTV 2010 in partnership
with FremantleMedia Enterprises.
The IAF, which invites applications from all over the world for new animation content
in any format, including television series, tele-movies, theatrical features, will see
MDA co-investing up to S$5 million for each qualifying project.
FremantleMedia Enterprises is MDA‟s partner for this new initiative, and will represent
the chosen projects as worldwide distributor.
For more information, kindly contact our Ms. Trina Ha at [email protected] or
Ms. Suanne Chen at [email protected] or Ms. Sia Huan Ying at
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UPDATES FROM MALAYSIA
Real Property Gains Tax in Malaysia in 2010
On 23 October 2009, Malaysian homeowners and property investors were caught by
surprise when it was announced by the Malaysian Prime Minister and Minister of
Finance, Dato’ Sri Mohd Najib bin Tun Razak in his 2010 Budget speech that
commencing from 1 January 2010, real property gains tax (“RPGT”) would be
imposed on all properties regardless of when they were purchased.
Based on the 2010 Budget speech, the salient changes introduced to the Real
Property Gains Tax Act 1976 (the “Act”) would be as follows:-
1. Flat rate of 5% gains tax across the board [The RPGT (Exemption) Order
2009 [PU(A) 376/2009] (“Exemption Order 2009”) would be introduced to give
effect to such flat rate of 5% gains tax on any disposal.]
2. Minimum exemption of RM10,000 gain [Prior to 1 April 2007, the minimum
exemption was only RM5,000. It has since been increased to RM10,000.]
3. Retention sum of 2% of the purchase price [For purposes of paying gains tax,
the purchaser (or acquirer) is required to withhold 2% of the purchase price,
generally from the deposit monies, and remit it to the Director General of
Inland Revenue Board (“DG”) within 60 days of the disposal.]
4. 60 days to submit CKHT forms [Pursuant to the Exemption Order 2009,the
time frame has been extended from 1 month to 60 days and the CKHT forms
will only need to be furnished within 60 days of the date of disposal.]
5. To remit the retention sum to the Inland Revenue Board (“IRB”) within 60 days
[the purchaser is to retain only 2% of the purchase price or the whole of the
monetary consideration, whichever is less, and it is to be remitted to IRB
within 60 days of the disposal. Failure to remit within 60 days of the disposal
will incur a 10% penalty.]
On 28 December 2009, in a surprising turn of events, the Ministry of Finance
announced that chargeable gains from the disposal of real properties which have
been held for more than 5 years would be exempted from the RPGT of 5%. Such
exemption would apply to gains from all types of real property including shares in real
property companies disposed by all categories of property owners such as individuals
(citizens, permanent residents, noncitizens and non-permanent residents of
Malaysia), companies as well as other property owners.
Subsequently, in an effort to further clarify matters, the Real Property Gains Tax
Guidelines clarifying the amendments made to the Act and the procedures for
submission of the standard CKHT forms and payment of RPGT was released by the
IRB on 2 February 2010.
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Subject to the following exemptions, the acquirer is required to retain and remit 2% of
purchase price or the whole of the monetary consideration, whichever is less, to the
DG within 60 days from the date of disposal1 of a chargeable asset. The exemptions
to such obligation are as follows:-
(i) The chargeable asset which is disposed has been owned by the
disposer for more than 5 years; or
(ii) Disposal of a residential property (once in a lifetime); or
(iii) Gifts between parent and child, husband and wife, grandparent and
grandchild.
In each of the above exemptions, the disposer is required to complete Form CKHT 3
and submit the same to the IRB and provide a copy of the Form CKHT3 to the
acquirer for submission to the IRB within 60 days from the date of disposal. The IRB
will not be required to process Form CKHT 3 if the disposer fails to submit Form
CKHT3 within 60 days from the date of disposal.
For all other situations, the disposer must, within 60 days from the date of disposal:-
(i) Complete Form CKHT1A (for disposal of real property) or Form CKHT 1B
(for disposal of shares in a real property company (“RPC”)) correctly and
in full;
(ii) Submit the Form CKHT 1 A or CKHT 1B, as applicable to the IRB together
with:-
(1) Copies of proof of acquisition and disposal, i.e sale and
purchase agreements;
(2) Supporting documents for expenditure claims
(3) Completed Declaration of Election for Tax Exemption for
Disposal of Private Residence if disposer elects to apply for
such exemption;
(4) Completed Form CKHT3 if disposer elects that the acquirer
does not retain and remit 2% of the amount of monetary
consideration or the whole of the monetary consideration,
whichever is less, to the DG.
The acquirer must within 60 days from the date of disposal:-
(i) Complete Form CKHT 2A (for acquisition of real property) correctly
and in full;
(ii) Submit the Form CKHT 2A to the IRB together with copies of proof
of acquisition and the Form CKHT 3, if obtained from the disposer. If
1 The date of disposal of real property is:
(a) If the agreement is unconditional, the date of the sale and purchase agreement.
(b) If there is no agreement, then the date of the „transfer‟ will be taken into account.
(c) If the agreement is a conditional agreement, the date of approval or satisfaction of the last condition is satisfied (see amendment to RPGT Act, Schedule 2, para 16).
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the Form CKHT3 is submitted together with the acquirer‟s Form
CKHT 2A, the retention sum of 2% will not be required.
It should be noted that incomplete forms will not be processed by the IRB and will be
returned to the relevant party. Further, a penalty will be imposed under Section 29(3)
of the Act if the relevant form is not received by the IRB within the 60 day period after
the date of disposal.
Under the present regime, the acquirer is required to comply with his obligations
under Section 21B of the Act regardless of whether the disposer has received a Form
K (Notice of Assessment) and paid the tax assessed or has received a Form 5A
(Certificate of Non-chargeability). Similarly, the acquirer is required to pay the
Retention Sum to the DG even if the disposer has incurred a loss on the disposal,
unless the acquirer submits a copy of the Form CKHT3 together with CKHT 2A. The
relevant form to be filled up by the acquirer when remitting the 2% is Form CKHT 502
(Payment Slip). Failure to remit the Retention Sum renders the acquirer liable to the
DG for the same as a debt due to him.
With regards to the retention of 2%, the question arises as to when should the
acquirer or its solicitors remit the 2%. It is submitted that there is no provision in the
Act or in the guidelines as to whether the 2% is to be deducted from the deposit or
from the balance purchase price. However, it would be prudent for the acquirer‟s
solicitor to ensure that the remittance of the 2% to the DG, to form part of the deposit
payment. As mentioned earlier, a penalty will be imposed on the acquirer if the
remittance is made more than 60 days from the date of disposal or the acquirer fails
to make the remittance.
If there is still a shortfall of the tax payable by the disposer pursuant to the Form K
(Notice of Assessment), notwithstanding the remittance of the earlier 2%, the disposer
will be required to make payment using Form CKHT 501 (Payment Slip by disposer),
within 30 days from the date of the notice, failing which a penalty may be imposed.
The acquirer or the disposer (as the case may be) may request for a refund made to
the disposer‟s tax account, in any of the following situations:-
(a) upon termination of the sale and purchase agreement;
(b) exemption from RPGT granted for the disposal;
(c) disposal is not subject to tax; and
(d) overpayment.
However, in a situation of an overpayment, no application to IRB is necessary, as the
refund will be made automatically by the DG to the disposer.
For more information, kindly contact our Ms. Jessie Tan at
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UPDATES ON INTELLECTUAL PROPERTY
Singapore
Infringement of Trademark “POLO”
The Appellant (Polo/Lauren Co.) brought a case under section 27(2)(b) of the
Trademark Act (referred to as “TMA”) against Polo Pacific (the Respondent) for
infringement of its trademark POLO. The Court of Appeal (“CA”) held that the
Appellant‟s trademark had not been infringed since the two marks (POLO & POLO
PACIFIC) were distinguishable and that there was no likelihood of confusion arising
from the similarity in the marks and goods, taking into account inter alia the fact that
there was a great disparity in prices between conflicting goods.
Discussion
The High Court found that there was no likelihood of confusion. This finding was
upheld by the Court of Appeal.
The Court of Appeal held that, in the inquiry for confusion, it was possible to take into
account extraneous factors, beyond matters relating to similarity of marks and
products. The Court stated that “The question of likelihood of confusion has to be
looked at globally taking into account all the circumstances including the closeness of
the goods, the impression given by the marks, the possibility of imperfect recollection
and the risk that the public might believe that the goods come from the same source
or economically-linked sources”.
One of the extraneous factors that was taken into account by the court, in coming to
the conclusion that there was no likelihood of confusion, was the fact that the
products were aimed at different target groups; POLO products were targeted at
upper-middle class consumers, sold in exclusive boutiques and at high prices;
whereas POLO PACIFIC products were targeted at lower-income consumers, sold in
less glamorous outlets and cost less.
The following are some of the interesting questions that arise from the court‟
discussion on the issue of confusion:
(a) Is the “global” assessment for confusion used by the Court consistent with its earlier
rejection of the “global assessment” approach taken by the European courts towards
the European equivalent of section 27(2)?
(b) To what extent should extraneous factors such as price differentials be taken into
account in the inquiry for confusion?
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High Court Orders Pacnet To Release Details Of Illegal Downloaders To
Japanese Anime Copyright Owners
A High Court Judge has ordered Pacific Internet (Pacnet), a local Network Service
Provider (NSP), to furnish Japanese Anime copyright owners with the Internet
Protocol (IP) addresses of Pacnet subscribers who had illegally downloaded Anime
titles.
Odex Pte Ltd (Odex) is a Singapore-incorporated company that is licensed to
distribute various Japanese Anime titles in Singapore. Anime generally refers to a
distinct type of cartoon animation originating from Japan.
Odex filed court orders last year against Singapore ISPs to release the IP addresses
of subscribers who were downloading Anime titles illegally. However, it was
unsuccessful in obtaining the IP addresses as it was determined that Odex was not
an exclusive licensee. Odex subsequently appealed with the Japanese Anime
copyright owners joining as parties to the application.
The High Court Judge ruled that Odex was not the right party to make the court
application. However, Pacnet would instead have to turn over the relevant
information to the Japanese Anime copyright owners.
Next Time You Squeeze That Tube
Next time you reach for that trusty tube of toothpaste, consider the fascinating world
of trademarks. “Colgate” as a trademark? Straightforward. How about that rainbow-
hued oval round the word “Total”, found in Colgate‟s Total series? No prizes for
guessing, that‟s registered as a trademark too. Now, how about a two-dimensional
“slug” of toothpaste striped green, white and blue?
In fact, Colgate successfully fended off an opposition by longtime competitor Proctor
& Gamble before the Intellectual Property Office of Singapore (IPOS) over such a
mark. Proctor & Gamble, a global giant with a wide array of consumer brands,
including Oral-B and Crest (both toothpaste brands), was understandably concerned
over Colgate‟s application to register a seemingly commonplace drawing of a
toothpaste slug. It even tendered evidence to reveal a trade practice of toothpaste
manufacturers using striped toothpaste “slug” devices, to support its contention that
Colgate‟s mark is not registrable.
Colgate on the other hand pointed out that devices of “slugs” of toothpaste on
toothbrushes (with specific colour limitations, as in Colgate‟s case as well) have been
registered in Singapore. It argued that using these commonplace devices with
distinctive colours is accepted trade practice and the average consumer, being
exposed to this practice, would most likely know that traders do use such marks to
differentiate their goods from their competitors‟.
Agreeing with Colgate, IPOS allowed the mark to be registered. It was decided that
the mark could function as a trademark to distinguish Colgate‟s products from those
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of its competitors. The mark in issue was even more stylized than the examples of
toothpaste “slugs” already registered as trademarks. With its stylistic rendering and
limitation to specific colours, it does not immediately create the mental impression of
toothpaste nor convey any specific meaning at first sight.
The important point to note in this case is that Colgate was not seeking to register
striped toothpaste per se but specifically a two-dimensional stylized device limited to a
tri-colour combination in the stripes. One could say that this is a win-win situation for
both Colgate and other toothpaste manufacturers who want to use and register
creative and allusive visual marks in the trade, as part of brand development.
Europe
ECJ’s ruling on Google’s sale of trademarks as keywords
The European Court of Justice (ECJ) recently ruled over a lawsuit in which three
companies, led by luxury goods conglomerate Louis Vuitton Moet Hennessy
alleged that Google‟s sale of their trademarks confuses consumers and aids
producers of their counterfeit goods.
The ECJ categorically stated that Google‟s sale of third-party trademarks as keywords
to other firms could not infringe a registered trademark. Although it was recognised
that Google was selling keywords for commercial gain and was therefore “acting in
the course of trade”, nonetheless the keywords were not linked to any goods or
services.
It stated that there is no link between the keyword and actual goods or services. The
more relevant question seemed to be whether Google‟s display of search results
could infringe.
A rational connection between the sale and infringement exists only when an Internet
user enters a keyword in Google‟s search engine and the search results include
content related to goods and services. In addition, the ECJ opined that the average
Internet user could discern between bona fide goods from counterfeit ones and thus,
consumer confusion would not arise. More significantly, the ECJ highlighted that
individual advertisers could be liable if their advertisements, which arise in a search
for a company‟s name, mislead consumers.
Hong Kong
NAKED Trade Mark Registration
The Court of Appeal recently upheld a decision by the Registrar of Trade Marks to
refuse the registration of “NAKED” for condoms. It stated that the Judge from the
Court of First Instance had no basis to overrule the Registrar, who had identified the
trademark as contradicting the characteristics of a condom. However, the Court of
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Appeal noted that the evaluative approach involved separation of the two
requirements of a trademark ie. possession of a distinctive character and the ability to
describe a characteristic of the goods in question.
In addition, the Court of Appeal laid out a three-fold test for a term to qualify as a
trademark. First, the term should relate to a product or its characteristics in an
imaginative and subjective way. Second, the term must not be ordinary or definite as
the consumer may perceive a designation of a characteristic. Third, the term should
not be an essential embodiment of the goods.
SPECIAL INTEREST ARTICLE
Restraint of Trade Clauses in the Context of a Sale of Business
CLAAS Medical Centre Pte Ltd (formerly known as Aesthetics Associates Pte
Ltd) v Ng Boon Ching [2010] SGCA 3
The Singapore Court of Appeal has recently affirmed that Singapore courts will take
a more liberal approach in considering restrictive covenants in the context of a sale of
business, as compared to a situation where such covenants are contained in a
contract of employment.
Background Facts
Dr Ng Boon Ching (the “Respondent”) is a doctor who ran a successful aesthetic
medical practice. The Respondent also owned a sole proprietorship which carried on
the business of the import, distribution and sale of aesthetic laser and intense pulsed
light machines and skin care products. CLAAS Medical Centre Pte Ltd (the
“Appellant”) was a company set up by six other doctors who had no previous
experience in aesthetic medicine.
The six other doctors had initially approached the Respondent to assist them in
setting up an aesthetic medical practice in Cairnhill. However, they subsequently
decided to acquire his medical practice and sole proprietorship. To this end, they
incorporated the Appellant in 2005. As part of the plan, the Respondent subscribed
for shares in the Appellant and incorporated BCNG Holdings Pte Ltd (“BCNG
Holdings”) to which he transferred his clinic and sole proprietorship. The parties
agreed that the value of BCNG Holdings be fixed at $3.2million. On 6 April 2005, the
Respondent, the six doctors and the Appellant duly entered into a Shareholders
Agreement which set out the rights, duties and liabilities of all the parties relating to
their participation in and the running of BCNG Holdings.
Clause 11(a) of the Agreement contained the following non-competition clause (the
“Non-Competition Clause”):
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(a) All of the parties herein shall for so long as he/she remains a Shareholder
and/or a Shareholder of [the Appellant] for a period of three (3) years after he/she
shall cease to be a Shareholder of [BCNG Holdings] and/or of [the Appellant],
whether by himself/herself and/or jointly or together with any other person(s) and/or
body (ies), whether on his/her own account and/or as agent, employee and/or
servant, in any capacity whatsoever, directly or indirectly, be prohibited from: -
(i) being engaged and/or interested in any trade and/or business carried on
within Singapore which is similar to or in competition and/or conflict (whether directly
or indirectly) with the Business of [BCNG Holdings] and/or the practice of Aesthetic
Medicine;
(ii) employ, solicit and/or entice away and/or endeavour to employ, solicit
and/or entice away any person(s) who is employed by [BCNG Holdings], and/or
induce or seek to induce any such person(s) to leave his/her employment with [BCNG
Holdings] for any reasons whatsoever;
(iii) solicit the custom of any person and/or body who is a customer of the
[BCNG Holdings] and/or divert or seek to divert any customer of the [BCNG Holdings]
away from it; and/or
(iv) cause and/or permit any person directly or indirectly under his/her control
to do any of the foregoing acts or things.
Clause 11(c) provided that each of the six doctors would have to pay $700,000 by
way of liquidated damages to BCNG Holdings if they breached Clause 11(a).
Clause 11(d) provided that the Respondent would have to pay BCNG Holdings a sum
of $1m as liquidated damages for a breach of Clause 11(a) (the “Liquidated Damages
Clause”).
Differences arose between the parties, which led to the Respondent selling his shares
in the Appellant. In April 2007, just before expiry of the 3-year period referred to in the
Non-Competition Clause, he set up a general and aesthetic medical practice. Prior to
that, the Respondent took out advertisements announcing his departure from BCNG
Holdings and his intentions to set up his own aesthetic medical clinic.
The Respondent commenced an action against the Appellant to recover the sum of
$236,500, being loans advanced by him to the Appellant to fund its operational
expenses and expansion plans. The Appellant admitted this claim but counterclaimed
the sum of $1 million from the Respondent for breach of the Non-Competition Clause.
The High Court held that the Non-Competition Clause was unenforceable as it was
unnecessarily wide and was vitiated by unreasonableness. The Liquidated Damages
Clause was also struck down as being a penalty clause. The Appellant appealed.
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The Court of Appeal’s decision
The Non-Competition Clause
The appeal was allowed. The court held that while the Non-Competition Clause was,
in a sense unreasonably wide, the unreasonable portion could be severed so as to
render the rest of the clause reasonable.
The court reiterated the position on non-competition clauses which was recently
summarised by the Court of Appeal in the case of Man Financial (S) Pte Ltd v Wong
Bark Chuan David [2008] 1 SLR(R) 663 (“Man Financial”). All covenants in
restraint of trade are prima facie void. However, they can be held to be valid if the
party seeking to rely on the restrictive covenant can show that, firstly, the clause
concerned is reasonable in the interests of the parties and, secondly, the clause is
also reasonable in the interests of the public. Additionally, there must be a legitimate
proprietary interest to be protected.
However, the court hastened to add that it would take a more liberal approach when
considering restrictive covenants in the context of a sale of business as compared to
the situation where such a clause is contained in a contract of employment. It quoted
the following from Man Financial which it found instructive:
“The reasons for this [ie, a stricter application of the restraint of trade doctrine in the
employment context] include the following. First, unlike contracts of employment, the
purchaser in a sale of business of context in whose favour the covenant is made is
buying something tangible, which includes (very importantly) the element of
goodwill which would be necessarily depreciated if no restrictive covenant
were permitted. An employer, on the other hand, would not be deprived of what he
has paid for pursuant to the contract of employment (the employee’s services) when
the employee leaves his employ, although (as shall be seen) there are other
legitimate proprietary interests that may merit protection even within this context.
Secondly, there is likely to be more equality of bargaining power in the case of
the sale of a business compared to an employment contract situation; in the
latter, there is, more often than not, a disparity in bargaining power between the
employer on the one hand and the employee on the other.”
[emphasis added in bold italics]
In deciding to uphold the Non-Competition Clause, the court took into account the
following:
Existence of a legitimate proprietary interest
The court was of the view that there was a clear proprietary interest to be protected
and thus the Non-Competition Clause was per se not contrary to public policy. The
court stated that “In short, the Respondent was paid for the sale of his goodwill to the
Appellant and should not be permitted to remove parts of this goodwill by resuming
practice immediately after leaving the Appellant”.
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Reasonableness of the Non-Competition Clause
The court felt that the Non-Competition Clause was drafted in very wide terms and
anything that came under the rubric “aesthetic medicine was “wider than reasonably
necessary to protect the goodwill sold by the Respondent”.
What the Appellant was entitled to protect is the possibility, and indeed the evidence
showed that it was a probability, of the Appellant losing “diehard patients” of the
Respondent to him in the event that he was permitted, and not restrained, to resume
medical practice in this area after leaving the Appellant. However, the court was of the
view that there was no need, indeed, no justification whatsoever, to prevent the
Respondent from engaging in other forms of aesthetic medicine for which he had not
developed a clientele when he sold the business/practice to BCNG Holdings and in
turn to the Appellant. The specific cases/examples of aesthetic medicine which are
given in the definition of aesthetic medicine constituted the legitimate aspects of
goodwill which the Appellant had paid for and which should be protected and nothing
more.
The court therefore applied the doctrine of severance and removed the phrase “and
all procedures and treatment as understood by aesthetic medicine”, while upholding
the rest of the definition as reasonable.
Geographical area covered by the Non-Competition Clause
In light of the goodwill established by the Respondent with his “diehard patients”, who
would follow him wherever he was located, a general restraint over the whole of
Singapore was clearly warranted, otherwise the goodwill in aesthetic medicine which
the Respondent had sold to the Appellant would be seriously undermined.
Period of restraint
The Respondent had an established reputation in aesthetic medicine. 35% of the
revenue-generating patients were the Respondent‟s “diehard patients”. There was
also evidence to show that the 3 year period of restraint had been proposed by the
Respondent. In the circumstances, the 3 year period of restraint was reasonable.
The Liquidated Damages Clause
The Liquidated Damages Clause was also upheld. The court held that the sum of
S$1million was a genuine pre-estimate of the loss which the Appellant would have
suffered if the Non-Competition Clause was breached by the Respondent.
The fact that the Liquidated Damages Clause prescribed a lower sum of $700,000 as
liquidated damages payable for a similar breach by any of the other doctors further
showed that the parties had “carefully considered and calibrated” the liquidated
damages payable. The higher amount payable by the Respondent “reflected the
greater expertise and goodwill which the Respondent has in the field of aesthetic
medicine”.
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SPEAKING ENGAGEMENTS
IP Fundamentals: Applications for the Media Industry
On 24 to 26 February 2010, the IP Academy of Singapore conducted the first run of
the “IP Fundamentals: Applications for the Media Industry” for 2010. Our Ms Trina
Ha once more conducted the modules on intellectual property rights and protection,
and financing and exploitation issues. There was a diverse group of participants
including lawyers and practitioners from Malaysia and Indonesia which resulted in
lively discussions on real-life issues and scenarios.
There will be another run of this course in July this year. Watch this space for more
details!
Talk at SMU
On 10 March 2010, our Mr. Samuel Seow, was invited to speak at the Singapore
Management University (SMU) not on any area of the law, but in relation to how he
balances social responsibility with commercial considerations of his businesses.
Addressing a class of aspiring business moguls, Samuel spoke about his life and his
businesses and how he overcame his initial struggles to build the companies he now
owns in a manner which is sustainable, whilst balancing his non-business
responsibilities in his church and in charitable causes.
Lecture at TischAsia
No stranger to the lecture circuit in Singapore, particularly amongst Arts colleges, Mr.
Samuel Seow has struck up a rapport with the Asian branch of New York
University‟s prestigious School of the Arts, aptly named TischAsia.
On 9 April 2010, Samuel was invited to attend the school‟s campus in Kay Siang
Road where a group of eager-to-learn participants were party to a typically interactive
approach to “Intellectual Property and Entrepreneurship” and their affect on
filmmakers, animators and others in the entertainment industry. The subject is
particularly applicable to the budding Scorseses and Studio Ghibli fanatics to be
found at TischAsia, who, on the cusp of graduating from one of the most high profile
arts schools worldwide and at the most vulnerable stage in their filmmaking career,
are keen to clarify their rights in respect of the work they nurture and produce.
Sam, as always, warmed up the crowd with his warmth and good humour,
immediately rubbishing the stigma attached to lectures in law, creating a relaxed and
informal atmosphere where students were encouraged to pose the questions they
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wanted answered. We hope that this will be the start of a long and productive
relationship with TischAsia.
OFFICE HAPPENINGS
Bangkok Baby!
It‟s that time of year again. March kicks in and Easter seems so far off but hark… is
that an office trip on the horizon? Cue: a weekend of bargain hunting, aromatherapy
massage, sight-seeing and all-round over-indulgence on the banks of Asia‟s most
vibrant and controversial city.
On 26 March 2010, the SSLC gang skipped (or rather trudged - it was 5am!) into the
Budget Terminal ready for our long-awaited city break in Bangkok. Hardly had we sat
down on the seats on the plane when all was quiet in the cabin – conserving our
energy in anticipation of ransacking the bazaars. Our transit sped across the city
where we dismounted at the Ascott Sathorn which was to be our luxury pit-stop for
the next three days.
We peeled off into roomy clans and touched base before venturing out to take stock
of our surroundings. From Healthland Spa, to the Grand Palace, to Chatuchak
market, not forgetting Siam Square, we explored and spent like wildfire.
The highlight of the trip, though, was undoubtedly an evening out en masse,
beginning at Naj, a gourmet Thai restaurant boasting Lychee & Lemongrass Martinis,
traditional Thai dancers and waitresses sporting authentic silk garb. Jaunts ensued in
the city after dark as the troupe tasted what upmarket Bangkok had to offer in the way
of nightlife.
Shattered, broken, but satisfied and laden with shopping spoils, we flew back on 28
March 2010 ready for Monday morning‟s re-entry into reality. An excellent time was
had by all and special thanks must go to Mr. Dominic Ha and Ms Josephine Poh for
their unmatched organizational skills and to our MD Mr. Samuel Seow, whose
generosity knows no bounds, for a marvelous holiday.
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Appointments
We welcome with the newest member of our ever-expanding band of lawyers, Senior
Associate, Ms Cheva Yu. We also take this opportunity to present to you the
principals of our law firm in Malaysia, Seow & Associates, Ms Jessie Tan and Mr.
Simon Hong.
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Cheva Yu
Cheva joins us as a Senior Associate in our Intellectual Property and Corporate and
Commercial Practice Groups. Her current areas of practice comprise Intellectual
Property Protection; Intellectual Property Enforcement; and General Corporate and
Commercial law.
She advises individuals and companies from a diverse range of industries on the
registration, licensing and enforcement of their intellectual assets, whether in the form
of patents, trademarks, designs, copyright, trade secrets and know-how. Her specific
area of expertise lies in the protection and enforcement of trademarks in Singapore
and worldwide. Working closely with clients to identify, protect and defend their
intellectual assets, she also assists them in the commercialisation and licensing of the
same. She is able to advise, negotiate, prepare and review agreements for the
development and protection of the clients‟ intellectual assets. Accustomed to dealing
with an extensive network of foreign lawyers, she ensures that clients' interests are
protected on an international scale.
Cheva graduated from the National University of Singapore in 1995 with a Bachelor of
Laws (Honours) and was admitted to the Singapore Bar in July 1996. Cheva‟s
professional experience prior to that included practice in commercial litigation as well
as being assistant legal counsel in the local subsidiary of an American insurance
corporation. She has also gained extensive and varied experience in a plethora of
matters touched by company and commercial law, matrimonial and family law and
intellectual property law.
Cheva spends much of her professional and free time explaining to new people she
meets that although her name sounds like that of an Indian man (pronounced
“Shiva”), she is very much Chinese and female.
Cheva can be reached at [email protected]
Simon Hong
Simon attained his Bachelor‟s degree in Law from University of London in 1999. He
subsequently bagged a book prize award in the Certificate in Legal Practice (CLP)
examinations.
Upon reading in the chambers of Gopal Sreenevasan of Sivananthan, he joined
Shaikh David Raj (SDR). In the course of his practice at SDR, he handled general
contractual disputes as well as banking litigation. He also has experience in handling
disputes concerning land acquisitions, admiralty, international trade and insurance
law.
Simon later joined Bodipalar Ponnudurai Nathan where he gained experience in the
conduct of substantial disputes for corporate clients and business individuals,
particularly in the areas of defamation, derivative actions, minority shareholder
disputes, liquidation and insolvency litigation, receivership and securities law.
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Outside the office and courtroom, Simon is a Chinese tea enthusiast with a passion
for teak furniture and old junk. He is also known to bear more than a passing
resemblance to one of Singapore‟s most prolific film directors. You will know who we
mean when you see him.
Simon can be reached at [email protected].
Jessie Tan Shin Ee (LLB Hons)
Jessie graduated from the University of Sheffield (UK), with a Bachelor of Law
degree and is presently admitted to practice in Malaysia. Since her graduation,
Jessie has been exposed to wide gamut of practice areas, including but not limited to
Corporate, Conveyancing and Intellectual Property.
Her experience includes the following:
Advising on various corporate and commercial transactions and drafting and
negotiating the requisite agreements such as shareholders agreements, joint
venture agreements, investment agreements, business sale and purchase
agreements, leases, consultancy and employment agreements
Advising and providing legal opinions and advice on corporate and commercial
issues, employment law and environmental law related queries.
Conducting of due diligence
Advising foreign clients on doing business in Malaysia and assisting clients on
the incorporation of local companies and setting up foreign branch offices
Attending to conveyancing and property matters which include the drafting of
sale and purchase agreements, tenancy agreements as well as the preparation
of the relevant documentations for the transactions.
Providing legal opinions and advice on IP matters in Malaysia
Attending to the registration of Trade Mark applications in Malaysia which
includes fillings, searches and the handing of objections and oppositions.
Jessie loves theatre and the arts, and has dabbled in scriptwriting in her youth. Her real
passion, however, appears to lie in voicing cartoon characters, and she has on her bucket list
her resolve to have her voice appear in an animated feature or series. Ah, such lofty
ambitions.
Jessie can be reached at [email protected].
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NEWS & EVENTS
Dov Simen’s 2-Day Film School (Hollywood Film Institute)
Hailed by celebrities, world-class directors and producers alike, the Dov Simen’s
Film School programme is widely recognised as the most effective way to fast-track
to the big time. The courses on offer give participants an invaluable insight into
unrivalled acting, direction and production techniques – they are the last word in the
art of filmmaking.
Champions and former pupils of the course include: writer, producer, and director,
Baz Luhrman; actors, Will Smith and Queen Latifah; and, directors, Quentin
Tarantino, Spike Lee and Guy Ritchie – to name but a few. Dov himself has been
voted “America’s #1 Film Instructor” by the National Association of Film Schools.
So, it is with great pleasure that we announce that world-renowned Dov Simen will be
running a film school here in Singapore. The programme, which possesses the catchy
tagline, Dov Simen’s 2-Day Film School (Hollywood Film Institute) will be
conducted over 17 & 18 July 2010 and places are already being snapped up.
Interested parties will be given a golden opportunity to learn the ins and outs of the
professional production and marketing necessary to facilitate maximum personal
exposure as well as publicity for a film. Topics touched upon include product
launches, events, theatrical productions, and charity fundraisers.
For more information about the course and the institute, and testimonials, visit
http://www.filmeduc.com/2dayfilmschool/.
Our esteemed clients and friends Shangri-La Pictures International are offering
exclusive discounts on the course as well as discounted accommodation packages
for those traveling from abroad to profit from the experience.
Launch of PPAS Handbook
On 25 March 2010, the Professional Photographers Association (Singapore)
(PPAS) launched its first ever handbook at a photographic exhibition held at the
National Library. A milestone in the history of professional photography in
Singapore, the handbook sets out industry best practices for photographers of all
levels from professionals to amateurs. The handbook also contains an article on
Copyright law and issues written by our Mr. Samuel Seow.
Our Ms Trina Ha and Ms Sia Huan Ying attended the launch.
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Tanya Chua Brings the House Down
The Singapore Entertainment Awards 2010 were held at Float@Marina Bay on 14
March 2010, drawing a crowd of 10,000 in only its second year of airing. The
ceremony is designed to celebrate all breeds of Chinese media from music to radio,
from TV to the silver screen. 49 awards are doled out to the most creative, oustanding
and deserving artistes in the business. The Straits Times was, as ever, on cue to
document the evening‟s festivities.
Amongst those who attracted attention was our very own client and dear friend,
singer/songwriter Tanya Chua. Tanya, who performed at the event, went home with
four awards, including the award for Best Female singer and Best Local Album for her
latest work, If You See Him. Singapore born Tanya began her career singing in
English but found monumental success once she returned to her roots. Evidently, her
contributions to Chinese music continue to draw praise from the industry‟s critics.
Other winners at the event include Hong Kong singer Eason Chan, and 2 of our close
friends - local lyricist Xiao Han, and Liang Wern Fook who was honoured with the
prestigious Outstanding Achievement Award. Congratulations to all who performed
and to all those whose talents were honoured.
Theatre Practice staging of Liao Zhai Rocks!
As SSLC‟s long-term friend and client Theater Practice has launched another
spectacular and innovative production in the form of Liao Zhai Rocks! the musical,
Jetstar Asia interviewed its director Kuo Jian Hong. Rehearsals for the show, which
merges classic Chinese tales and fast paced rock songs, began in February and the
last performance took place on 11 April 2010. Our Mr. Samuel Seow went along to
watch the musical on three occasions!
The musical, written by Theatre Practice Resident Director Wu Xi, features an
amorous scholar, Sang Xiao, who wins the affections of Ying Ning, a vixen spirit, only
to spurn her love for that of a devious ghost. But when he is poisoned by his new
lover and cast into the underworld, it is Ying Ning who embarks on a perilous journey
to save him...
The show‟s Los Angeles based director, who names Singapore as her source of
inspiration for the work she creates, dishes the dirt on the musical, the cast and what
she foresees for the future of theatre in Singapore. With this production, Kuo Jian
Hong is hoping to continue the company‟s recent tradition of reaching out to English-
speaking audiences (since 2003, they have been displaying English subtitles for their
Mandarin language shows) as well as to the youth in Singapore.
Needless to say, the production boasts an excellent cast of actors from diverse
backgrounds. Accordingly, the success of the production is built upon long-term
veterans of the Theatre Practice like Ric Liu, Joanna Dong and Celine Rosa, as
well as upon first-timers like Huang Wenhong and Sugie.
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Jian Hong, who counts a string of Hollywood smashes amongst her most prolific
works, also reflects upon her late father, Kuo Pao Kun, and his contributions to
theatre. She notes, “I believe that his legacy lies in the connection that he made with
those who met him”, and considers that the same principle must apply to her own
work.
Her next project? Poignantly, an adaptation of her father‟s piece Descendents of the
Eunuch Admiral, planned to be staged in September.
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Shooting Gallery raises allegations against Canadian restaurant copying
famous S’pore ad
As the official legal adviser for Shooting Gallery Asia, SSLC is engaged in a matter
which raises the public interest and which has caught the attention of The Straits
Times too.
Picture this: A TV commercial. The manager of a Toronto restaurant receives a call
from a customer in the USA trying to place an order for a take-away. Sound familiar?
Who could forget the award-winning M1 IDD TV commercial featuring the manager of
an Indian restaurant who gets a long distance call from a Singaporean customer
ordering take away? Out of the pool of mind-numbing, second-rate TV adverts, the
ones which make us smile seem to stick in the public psyche. The makers of the 2007
Singapore ad, Shooting Gallery Asia are, somewhat unsurprisingly, less than amused
at the obvious similarities.
Both commercials are shot in restaurants and bare stark similarities in terms of the
script, setting and shooting style. Both commercials appeared on popular streaming
website, Youtube, the Canadian advert two years later in 2009. However, it is not yet
clear when the latter was first aired.
Having received an anonymous tip-off from a Canada-based Facebook user, the
Singapore ad‟s director Yee Chang Kang got his hands on the Canadian restaurant‟s
commercial. Subsequently, Shooting Gallery, which holds the rights to the M1
commercial did not waste time, and engaged SSLC in a bid to exercise those rights.
The letter of demand addressing the Canadian company remains, to-date,
unanswered. Shooting Gallery has indicated that, in the absence of a response, they
reserve their right to commence legal proceedings.
Homerun to Diversify Activities
Our clients Homerun Asia are planning to venture into the largely overlooked field of
movie marketing, revealed its founder and CEO, Mr. Daniel Yun in a March interview
with The Straits Times. This marks a decision to expand outside of the company‟s
current movie-producing parametres. A pioneer in the industry in Singapore, Daniel
feels that the business could be worth up to S$1.4 billion in Asia.
The new kid on the movie block, Homerun Asia was only recently incorporated last
September, and this move is truly representative of Daniel's desire to set Homerun
apart. “The movie-producing part will define us as a movie company and the
marketing part will differentiate us”, revealed Daniel, who is also the former managing
director of MediaCorp Raintree Pictures.
To kick start Homerun‟s leap into the unknown, the company will be collaborating with
Cimarron Group Asia, a division of The Cimarron Group, the company behind the
marketing for films such as the recent box-office smash and record-breaking
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blockbuster Avatar and the vampire trilogy The Twilight Saga. The collaboration will
move forward on a film-by-film basis.
Homerun‟s debut in the industry will be smoothed over with a planned partnership
between the company and home-grown Singapore film production company, 13 Little
Pictures. The principal objective of the partnership is to establish an incubation
programme for indie-movie-makers. The two parties hope that this move will spread
the dissemination of independent films which struggle to find any significant exposure
in Singapore.
Films in the pipeline include 1965, an account of the trials and tribulations
experienced by Lee Kuan Yew in his efforts to free Singapore from the lingering
colonial grasp. Days Without Water, is a project created by Lee Shin Ho (author of
Korean crime flick The Chaser) and Stranglehold, a modern interpretation of John
Woo‟s masterpiece Hardboiled.
Launch of Beam Artistes
It marked one of the most important days in our calendar but the press got hold of it
too. In an article for the Today newspaper published on 16 March 2010, Mr. Samuel
Seow’s latest addition to his ever-developing enterprises was exposed to the world.
Mr. Paul Foster, Mr. Keagan Kang and Ms Andrea Fonseka, Ms Gayle Nerva, Ms
Andrea Savage, Ms Joyce Tan and, Miss Malaysia Universe 2003, Ms Elaine Daly
are just some of the artistes that new management agency, Beam Artistes, currently
represents.
The agency has exploded on to the artiste management scene with a bang. Beam's
main objective is to "protect artistes and make sure they get a fair deal", mused
Samuel in a recent interview with Today. He went on to say “Because we protect a lot
of artistes’ rights, a lot of them came to trust us, and I guess this was a natural
progression”. Samuel‟s expansion into the management game reflects similar moves
made by other high-profile artiste agencies such as William Morris - one of the
largest such companies in the world - which started out as a law firm too.
“I did a lot of research and Beam came highly recommended because of Samuel's
involvement in the legal side” said Elaine Daly about why she decided to sign with the
then nascent agency.
Beam also announced a unique alliance with two other artiste management
companies: Seven95ive, and Talentz Inc, to pool resources and to create "a stronger
voice to do more good in the industry." On the back of this union, a TV series starring
Beam's Paul Foster, Keagan Kang and Seven95ive's Utt looks set to roll, though no
other details have been released to the press as yet.
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Charity Screening of Moon Over Malaya (1957)
In conjunction with its 5th anniversary, our client Asian Film Archive presented the
world premiere of the digitally restored film Moon Over Malaya, one of the earliest
Chinese language films shot in Singapore and the most acclaimed of the “Nanyang
Trilogy”, produced by the Kong Ngee Company in 1957. The restoration work for
the film was carried out by one of clients, Blackmagic Design Pte Ltd. The film is a
spectacular visual memory of Singapore's golden age of cinema and the historical
landmarks of our country.
Our Ms Sia Huanying and Ms Suanne Chen attended the charity screening on 13
April 2009 where the guest of honour was His Excellency, President S.R Nathan.
Ollie and the Slurge
On 5 March 2010, SSLC‟s Managing Director Mr. Samuel Seow was accompanied
by colleagues Ms Sia Huan Ying and Ms Lucinda France-Hayhurst as he
voluntarily regressed a couple of decades, demonstrating his support for our
esteemed clients and friends at I Theatre Ltd.
I Theatre Ltd., who brought you Duck and Dive in 2009, are a company focused on
providing stimulating and informative theatrical entertainment for children. The latest
offering, Ollie and the Slurge, is a morality musical which touches on a number of the
most relevant issues to children today such as bullying, recycling and the
environment. The story, a creation inspired by ideas put forward by former students of
Brian Seward, the director, follows Ollie, a little boy (or rather, a blue-barneted
puppet) who dreams of saving the world in the face of adversity from his parents and
two irresponsible, adult-sized teenage tormentors.
The show ran between 3 and 19 March 2010 at the Alliance Francaise Theatre in
Sarkies Road, and on Samuel‟s visit, the theatre was jam-packed with 3-8 year olds
sitting bolt upright and giggling along to the action delivered by a troupe of all-singing,
all-dancing local actors.
Responsibly, the cast and crew conveyed their message using recycled materials for
the costumes, props and set, and to give an idea of the level of audience
participation, we were all staunchly advised “not to feed the monsters” while we all
turned off our Blackberries.
Don‟t forget, look out for I Theatre‟s upcoming ACE! Festival 2010 starting 14 May, a
four weeklong festival held in collaboration with the National Museum of Singapore
focusing on the theme of Journeys. Keep an eye out for details on their website at
www.itheatre.org. Also in the pipeline for September is I Theatre‟s production of
Momotaro – The Peach Boy, a story of friendship, heroism and a boy who was born
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from a peach! Tickets are on sale from 25 June 2010 and the production runs
between 3 and 19 September. Please see the I Theatre website for details.
Opening of MaGMA’s Fairy Tales
On Wednesday 25 March 2010, Mr. Samuel Seow was invited to attend the preview
of an international contemporary art exhibition held at the Opera Gallery at ION
Orchard.
The exhibition entitled Fairy Tales ran from 26 March until 22 April 2010 on the third
level of Singapore‟s iconic shopping mall and featured a compelling narrative inspired
by the day-to-day detail of modern times. Wang Zineng, the exhibition‟s curator is
prolific in the art world and insists that this compilation has come to fruition thanks to
“a few years of imaginative and bold visioning, meticulous research and unwavering
belief in the power and existence of divine providence”. The MaGMA collection has
organically become representative of the story linking the lives of the individuals
behind its existence.
The exhibition predominantly featured work of Asian origin but its 25 pieces also
included that of French artists Pierre & Gilles and Bettina Rheims. The work of
contemporary Chinese artists such as Liu Ye, Wang Guangyi, Yue Minjun, Li Shan,
Zeng Fanzhi, and Zhou Chunya was on show as well as that of South East Asian
artists David Chan, Justin Lee and Nyoman Masriadi.
The exhibition presented an experience to its visitors with its low height hangings of
the diptychs designed by Studio Milou Architecture, giving off the illusion of walking
through a storybook, hence the name.
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Opening of “Home Boxes”
Our Ms Sia Huan Ying and Ms Suanne Chen attended the opening of “Home
Boxes” on 8 April 2010, a production presented by our dear friends and clients at
Paper Monkey Theatre Ltd in collaboration with Esplanade Theatres on the Bay.
The play revolves around the themes of unsettled quarrels, failed expectations, love
and the fragility of relationships, drawing an analogy between boxes, which are used
to store things away, and the way we move on with our lives, pushing out of our
minds certain memories and certain people. The latchkey kid whose parents are
quarrelling on her birthday and pay her off with $100. A child of an old man, who,
seemingly to the disappointment of father, chose to pursue a career in the arts
instead of finishing university but who never knew how proud her father actually was
of her and how much her father still loved her till he passed on. A girl who had always
been embarrassed to be the daughter of a washerwoman but who never knew the
washerwoman gave up the opportunity to be married in adopting the girl until the
washerwoman one day reveals this in her delirium. Each of them is forced to revisit
the memories and the emotions that had till then, been locked away.
A thought-provoking and heart-wrenching play featuring puppetry with a different twist
and some comic relief through delightful song and dance. We look forward to more
superb plays from Paper Monkey Theatre Ltd.
TimeOut 2010 Best Of Singapore Awards
TimeOut Singapore held its 2010 Best of Singapore Awards, in conjunction with its
birthday celebration, on 6 March 2010 this year. The categories for which votes were
called covered a spectrum of places for food and relaxation, including “Best Bar”,
“Best Hotel Restaurant” and “Best Hawker Centre”. A party was held at the
Stereolab for the event.
Our Mr. Samuel Seow was invited to the event.
Extraordinary Global Explorer Talk
On 23 February 2010, Johan Ernst Nilson, extraordinary global explorer, came to
speak to an audience at Madame Butterfly, The Forbidden City in Clarke Quay on the
subject of “Living the Green Dream”. Amongst those present was our Director, Mr.
Kelvin Lee.
The Swedish born explorer has ventured out on and completed 28 expeditions in total
in over 100 countries but has become known for his particular interest in climate and
the environment to the extent that he has been named “environmental explorer”. A
nature ambassador for the world‟s oldest and biggest environmental network, the
IUCN as well as a pioneer within the organisation, Respect Climate, Johan gave a
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motivational lecture on how he has maximized his efforts to become more „green‟
while he is resting between expeditions.
Johan is currently undertaking a Pole to Pole expedition, one of the hardest attempts
in our history. The very best of luck to him.
OMM Russian Revolution Concert
Orchestra of the Music Makers put on a revolutionary performance at a concert
performed on 21 March 2010 and our Mr. Kelvin Lee, Mr. Paul Tan, Ms Sia Huan
Ying and Managing Director Mr. Samuel Seow were all invited to attend the event.
Taking advantage of the unrivalled acoustics of the Yong Siew Toh Conservatory
Concert Hall, Conductor, Chan Tze Law led his young orchestral troupe in executing
a display of classical revelry and finesse.
Parading the traditional Russian masters‟ work, Piano soloist Lim Yan and her fellow
musicians put the audience through the motions as they performed Tchaikovsky‟s
Romeo and Juliet Overture, Montagues and Capulets and later, his First Piano
Concerto. Lim Yan enraptured all looking on in a masterful execution of this last
piece, supported by a sensitive orchestral accompanied which evoked that sense of a
dance between piano and ensemble intended by its composer.
Also performed were Prokofiev‟s Fifth Symphony and Shostakovich‟s Waltz from
the Second Jazz Suite which rounded off the evening after feverous pleas for an
encore.
Launch of Paul Foster’s Poker Show
26 February 2010 saw the launch of Asia‟s first ever poker online reality series, Asian
Poker Showdown. The project is being run by Status Productions Pte Ltd, the
brainchild of our dear friend Paul Foster and his business partner, the local
entrepreneur Jonathan Kay.
A gaggle of Samuel Seow Law Corporation‟s staff and lawyers made their way
down to Krish Restaurant at 9 Rochester Park where they quaffed complimentary
drinks and nibbled on canapés whilst watching the series‟ first episode go live.
Presenter Claire Louise Jedrek of Polo Boys fame, who hosts the series, was
standing by to document the contestants‟ antics as the first game played out. The
show also features judge and mentor, Singapore‟s own Poker Pro, Bryan Huang.
Over the show‟s 10 episodes, players are pitted against each other whilst living
together in their Sentosa Cove mansion, their skills tested with challenges and the
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prospect of facing poker professionals weekly. Here‟s to breaking new ground in the
entertainment biz. Congratulations Paul!
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Pro Bono Clinic
On 9 March 2010, two of our lawyers, in line with SSLC‟s policy of giving back to
society, Mr. Paul Tan and Ms Pak Waltan attended to residents of the South East
Community Development Council at Paya Lebar.
This tradition is a pro bono affair where lawyers from firms attached to the programme
offer their services in providing basic legal advice to individuals with limited financial
means. SSLC is immensely proud to be able to contribute to this very worthy cause
and, as such, commits itself to the provision of such services on a regular basis.
Whiskey and Wine Tasting at the Fullerton
Never a bunch to pass up a free cocktail, Mr. Paul Tan, Ms Pak Waltan, Ms Nicola
Beyer and Mr. Samuel Seow joined our dear friend Mr. Paul Foster at the Fullerton
Hotel‟s Wine and Whiskey Tasting event. The five brushed shoulders with the
banking and legal networkers of Singapore while sampling alcoholic delights from all
over the world.
Not only was this an evening to indulge in the finest wines and scotch (not to mention
the rogue gentleman in the kilt) Singapore has to offer but it also provided guests with
the opportunity to view The Lighthouse, the hotel‟s new roof top restaurant. The
menu offers top notch Italian cuisine and unrivalled panoramic views of the city
skyline and Marina Bay area.
Cowboys in Paradise Special Screening
Dubbed the „Kuta Cowboys‟ after the location of the antics for which they have
recently become famous, beachside gigolos in Bali have become the source of much
controversy in the media. All this comes pursuant to our client and director, Amit
Virmani‟s documentary, Cowboys in Paradise.
Before the noise started, our Ms Sia Huan Ying and Mr. Samuel Seow were invited
to attend the advance screening of the film hosted by our inspirational clients Sinema
Old School on 5 February 2010. The feature-length documentary gives an account of
the so-called beach boys who are said to have pushed Bali‟s reputation as an
attractive holiday destination beyond the realms of rice paddies and white sandy
beaches. Indeed, as the film demonstrates, Bali has become known as a leading
destination for female sex tourists.
The film hit the headlines this month after 28 men and one woman were arrested on
Kuta beach, one of whom, a „dark-skinned, muscular man‟‟ was featured in Amit‟s
film. Amit is reported to be alarmed about the arrests saying, “I am really worried
about the safety of people in the movie and the youth who are at the beach”.
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The Straits Times wrote that the film‟s impact had “triggered an uproar”. Bali‟s
provincial governor, Mr. Made Mangku Pastika, told local reporters of Bali, “Anyone
wanting to make a film here must get our permission. He never had that, therefore
that’s an illegal film. We must get him.” Balinese travel association representatives
have responded to the film by minimising the issue saying that the problem subsisted
only “one small corner” of the island.
The now renowned director, speaking to the Jakarta Globe made his own comments
about the affair: “I cannot emphasise enough that it is not the point of the film. None of
the people involved in making the film, or the people interviewed for it, thinks the
beach boys pose any danger to tourists or hurt their holiday experience. We sincerely
hope our film is not used as an excuse to victimise the beach boys”.
Gala Premiere of The Gang
On 23 February 2010, our Mr. Samuel Seow and Ms Sia Huan Ying were delighted
to attend the gala premiere of the latest short film of our client and friend director
Kelvin Sng, The Gang. The film was screened at the Grand Cathay and as special
guests of the event, Samuel and Ying were treated to an aftershow reception at the
Picturehouse Lounge.
The film is based on the trials and tribulations of a local 1970‟s mob and is brought to
us by the same crew that gave us Blood Ties. The story follows the perspective of
Hao Nan a fledgling gangster getting his first taste of underground dealings, and tests
some strong themes as Hao Nan eventually sees the truth behind the gang‟s dignified
façade and, acting on his own betrayal, moves to avenge his murdered father.
Starring in the film are Mr. Andie Chen, Ms Emma Yong, and our dear friend and
client, Ms Maia Lee. This mini-feature is projected to develop into a full feature film
within the year.
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Millionaire’s Lunch
On Wednesday, 3 March 2010 a luncheon presentation on “Investment Opportunities
in the Media Industry” was held at Taste Pardise, Orchard Turn.
MillionaireAsia, publishers of the MillionaireAsia magazine, hosted the event and
our Ms Sia Huan Ying went along to reap the benefits of the network platform that
the occasion presented. With the Media Development Authority as supporters of
the events, organisers were able to ensure that potential investors were well looked
after as they listened in to the latest media investment opportunities.
A Single Man Fundraising Gala
On 3 March 2010, Fridae presented a showing of fashion designer, Tom Ford’s film
A Single Man at a fundraising gala held at the Grand Cathay and our Mr. Samuel
Seow and Mr. Paul Tan were invited along to the premiere.
The hotly anticipated feature film by the designer who has also been the driving force
behind the luxury fashion houses, Gucci and Yves Saint Laurent, marks the spirals
of depression experiences by an English college professor in Los Angeles following
the tragic death of his long-term partner. The film stars Colin Firth, who was Oscar-
nominated for his performance, Nicholas Hoult and Julianne Moore.
The proceeds of this charity event were intended to benefit Fridae Community
Development Fund (CDF) and the event itself was timed to coincide with the
announcement that individuals and groups may now apply to the Fridae CDF for
grants for LGBT-related projects. This will open up the doors to filmmakers who have
previously been unable to raise funding for their works due to controversy over the
content.
Adeline Yeo’s Debut Exhibition
On 15 April 2010, litigation lawyers Ms Pak Waltan and Mr. Paul Tan wandered
down to the debut exhibition of budding artist Ms Adeline Yeo. The date was not
reserved only for this momentous occasion in Adeline‟s calendar as guests were also
invited to celebrate her birthday.
The exhibition, which took place at Phoenix Park, featured charming and colourful
pieces which reflected a sense of innocence and vibrancy rarely seen in the art world
today.
Congratulations Adeline!
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Sandcastle in Cannes Film Festival
The latest offering from our clients Akanga Films, Sandcastle, a film directed and written by
Boo Junfeng has been selected to participate at the 49th Critics’ Week, Cannes Film
Festival 2010. The competition takes place between 13 and 21 May.
The film recounts the coming of age of Xiang En, 18, who learns of his father’s activities
which helped lead Singapore to its independence. While his family seek to forget, Xiang En
must discover the truth before time wipes the memories clean.
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Areas of Practice
We are a full-service law corporation providing legal and advisory services in Singapore as well as internationally. Our areas of practice include:
Art Law;
Media and Entertainment Law;
Corporate and Commercial Law;
Incorporation of local and offshore entities
and provision of Corporate Secretarial
Services;
Intellectual Property Law, including
copyrights, trade and service marks,
designs and patents;
Litigation, Arbitration, Mediation and
Dispute Resolution; and
Wills, Probate, Estates and Trusts.
In addition to the above, we have entered into association with a few strategic legal partners to ensure that we offer to our clients a comprehensive range of essential legal services. In Malaysia we are in association with Seow & Associates, a full-service law firm based in Kuala Lumpur. In Australia, we are in association with Feinauer Commercial Lawyers, which provides a full range of legal services for clients from around Europe and the Asia Pacific. Dirk Feinauer is also Special Counsel to SSLC. Internationally, we have forged strong alliances and a well-connected network with foreign legal counterparts in territories like the People’s Republic of China; the Hong Kong SAR; Malaysia; Indonesia; Thailand; Australia; the United States of America; Taiwan; and the European Union. Accordingly, we are well-poised to offer our clients compelling and cost-effective legal solutions and services around the globe.
1 Kim Seng Promenade #15-12 Great World City
West Tower Singapore 237994
PHONE:
(65) 6887 3393
FAX: (65) 6887 3303
E-MAIL:
Managing Director:
[email protected] (Personal Assistant:
Accounts team: [email protected]
[email protected] [email protected]
TV/Film/ Corporate:
[email protected] [email protected] [email protected]
[email protected] [email protected]
Music/ IP:
[email protected] [email protected]
[email protected] [email protected]
Litigation:
[email protected] [email protected]
[email protected] lucindafrance-
[email protected] [email protected] [email protected]
[email protected] [email protected]
Arts/ Theatre:
[email protected] [email protected]
Wills, Probate, Estates/
Conveyancing: [email protected]
[email protected] [email protected] [email protected]
Marketing Communications:
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We’d love to hear from you.
Write to us at [email protected]