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NEWS ALERTS & DEALS

CORPORATE DIVISION


PNB to Acquire SILK Highway Concession

Skrine recently acted for PNB in a proposed acquisition in which PNB entered into a conditional agreement to acquire a company that holds the concession for the SILK Highway from Silk Holdings Berhad for RM380 million.

The team from Skrine was led by Partner, Cheng Kee Check along with Fariz Abdul Aziz, Partner, Addy, Senior Associate.

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DISPUTE RESOLUTION DIVISION

Competition Commission v Competition Appeal Tribunal

Skrine is acting for Competition Commission (“MyCC”) in the first-ever judicial review of a decision made by the Competition Appeal Tribunal (“CAT”).

This case stems from a high-profile share-swap and collaboration agreement entered into in 2011 by Malaysia’s largest airlines - Malaysian Airlines System Berhad (“MAS”), AirAsia Berhad (“AirAsia”) and AirAsia X Sdn. Bhd.

In its Decision, MyCC found that MAS and AirAsia had infringed the prohibition under section 4(2)(b) of the Competition Act 2010 by entering into a collaboration agreement, the object of which was the sharing of market within the air transport sector in Malaysia.

A financial penalty of RM10,000,000.00 was imposed respectively on MAS and AirAsia. The airlines appealed the matter to the CAT. This constituted the first ever appeal heard and decided by CAT from a decision made by MyCC. The CAT reversed MyCC’s decision.

Consequently, Skrine was engaged by MyCC to file a judicial review application to the Kuala Lumpur High Court to review CAT’s decision. On 25 July 2016, MyCC successfully obtained leave to commence the judicial review proceedings.

Counsel from Skrine who represented MyCC was Dato’ Lim Chee Wee who was assisted by Ms Sharon Chong.

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INTELLECTUAL PROPERTY DIVISION


Honda Giken Kabushiki Kaisha v Malaysian Formula Bikes Sdn Bhd & MForce Bike Holdings Sdn Bhd

We acted for Malaysian Formula Bikes Sdn Bhd & MForce Bike Holdings Sdn Bhd, the Defendants in this action. The Plainitff, Honda Giken Kabushiki Kaisha brought a claim for copyright infringement of the 2-dimensional and 3-dimensional representations of its EX5 motorcycle against the Defendants. The Defendants challenged the subsistence of copyright in the 2-D and 3-D representations of the EX5 and the trial on the issue of subsistence of copyright was tried together with another suit involving a different company also accused of copyright infringement. On 24 November 2016, the High Court dismissed the suit brought by Honda against MForce Bike. The suit was filed by Honda against MForce Bike claiming infringement of copyright in the Honda EX5 motorcycle design. In coming to its decision, the High Court found that:

  • although the motorcycles produced by MForce Bike had similarities with the Honda EX5 motorcycle design, MForce Bike had established that it did not copy the Honda EX5 design as MForce Bike had followed a design used by its principal in Vietnam to produce its motorcycle.
  • As there was no infringement by MForce’s principal of the Honda EX5 design in Vietnam, MForce Bike, in producing its motorcycles based on its Vietnam principal’s design, cannot be considered to have infringed the Honda EX5 copyright in Malaysia.

Both the Plaintiff and Defendants have filed appeals to the Court of Appeal, albeit on different issues. It is expected that the substantive appeal would be heard in the later part of 2017.

ACCOLADES & AWARDS

SKRINE clinches top honours at ALB Malaysia Malaysia Law Awards 2017

On 6th April 2017, the Asian Legal Business Malaysia Law Awards was held and SKRINE was named

Malaysia Law Firm of the Year 2017

SKRINE also bagged 5 other awards

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Chambers Asia Pacific 2017

Band 1 Firm for:

  • Corporate/Mergers & Acquisitions
  • Dispute Resolution
  • Intellectual Property
  • Projects, Infrastructure & Energy 

13 of our lawyers are also ranked by Chambers Asia-Pacific 2017

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Asialaw Profiles 2017

The Asialaw Profiles has ranked Skrine as Outstanding Firm and particularly highlighting the following practice areas:

Outstanding Firm

  • Competition & Antitrust
  • Corporate/M&A
  • Dispute Resolution
  • Energy & Natural Resources
  • Intellectual Property
  • IT, Telco & Media
  • Project & Infrastructure

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Legal 500 Asia Pacific 2017 Rankings

Tier 1 Firm for the areas of:

  • Banking & Finance
  • Corporate M&A
  • Dispute Resolution
  • Intellectual Property
  • Labour and Employment
  • Projects and Energy
  • Real estate and Construction
  • Shipping
  • Technology, Media and Telecommunications (TMT)

13 of our lawyers are also ranked by Chambers Asia-Pacific 2017

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Chambers Global 2017

Skrine remains as Band 1 Firm for Corporate/M&A and now our Banking & Finance Group has been ranked as Band 3.

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ANNOUNCEMENTS

SKRINE clinches top honours at ALB Malaysia Malaysia Law Awards 2017

On 6th April 2017, the Asian Legal Business Malaysia Law Awards was held and SKRINE was named

Malaysia Law Firm of the Year 2017

SKRINE also bagged 5 other awards

>> READ MORE

Asialaw Profiles 2017

The Asialaw Profiles has ranked Skrine as Outstanding Firm and particularly highlighting the following practice areas:

Outstanding Firm

  • Competition & Antitrust
  • Corporate/M&A
  • Dispute Resolution
  • Energy & Natural Resources
  • Intellectual Property
  • IT, Telco & Media
  • Project & Infrastructure

>> READ MORE

Chambers Global 2017

Skrine remains as Band 1 Firm for Corporate/M&A and now our Banking & Finance Group has been ranked as Band 3.

To read more, please click here

Chambers Asia Pacific 2017

Band 1 Firm for:

  • Corporate/Mergers & Acquisitions
  • Dispute Resolution
  • Intellectual Property
  • Projects, Infrastructure & Energy
13 of our lawyers are also ranked by Chambers Asia-Pacific 2017. To read more, please click here

 

3Cs Conference: Are You Compliant? Corporate Compliance, (Anti)-Corruption & Competition, 2 Mar 2017

Skrine organised a 3Cs Conference on the 2nd of March 2017 at the InterContinental Hotel, Kuala Lumpur.

To read more, please click here

" I have been pondering on why Providence has been so kind to Skrine & Co. up to date, and how this firm founded by a polo-playing Anglican Englishman, a bridge-playing Presbyterian Scotsman, a piano-playing Roman Catholic Irishman, a north country beer connoisseur Englishman (religion unknown) and an Ipoh Chinese Methodist managed to cohere as well as it did and to attract a string of Asian partners, and to keep and then expand its clientele."
- John Skrine (1922-1993)