Subject- Law assignment help
Essay Question 1:
(a) Juliette is a successful and dynamic entrepreneur and businesswoman. She registered and commenced a French Limited Liability company in Paris four (4)years ago known and registered as “Primal Health” selling a wide range of healthy lifestyle products. These products focus on health, wellness, hygiene, and nutrition. Since she started Primal Health, she has sought and obtained legal protection for her IP assets only in France as follows:
(i) She trademarked her company logo and brand;
(ii) She registered patents on her nutrition and health products; and
(iii) She signed confidentiality and trade secret agreements with her employees regarding some of the confidential information she has NOT patented.
(b) Now, Juliette has approached you, her lawyer in Singapore, because she wishes to expand Primal Health into Asia. In particular, she wishes to identify the set-up of Primal Health’s headquarters in one (1) country in Asia, and then branch out to China and India for her operations, marketing, and expansion.
(c) Juliette requests you for legal and professional advice on the following:
(i) How would you advise her to use the IP Management Model system to develop a sound business strategy for optimizing her profits and revenue in the China and Indian market and protecting her IPs at the same time? You can refer to strategies like the “Offence” and “Defence” categories to help her.
(ii) Juliette also informs you that she has recently invented a secret recipe for a brand- new lifestyle product that she wishes to launch in Asia. As of now, except for five (5) of her business partners, who worked jointly with her to create these secret recipes, no-one else has knowledge of the contents of the recipes.
The Question For You Is: Should Juliette protect her secret recipes by maintaining them as trade-secrets or should she have them patented, or do both? What are the advantages and disadvantages of these options in terms of exercising market power? Please explain in detail.
(iii) Which Asian country would you recommend as the headquarters of her company operations in terms of trademark protection and benefits? Explain why. The country could be China or India itself, but you need to give reasons.
(a) Translines Pte Ltd is a transport and cargo handling company that signed a contract with Grendel Pte Ltd, a company dealing with manufacturing of silicon chips. The contract was for Translines Pte Ltd to transport the batches of silicon chips by road in a convoy truck from Thailand via Malaysia to Singapore.
(b) Translines Pte Ltd is registered as a company in Singapore while Grendel Pte Ltd is registered as a manufacturing company in Malaysia. Grendel Pte Ltd, however, has a subsidiary company in Singapore too handling the goods being transported by Translines Pte Ltd. Translines Pte Ltd has subsidiary companies in both Thailand and Malaysia to handle transport operations there.
(c) The contract signed between Translines Pte Ltd and Grendel Pte Ltd does not have any provisions stipulating which country should have jurisdiction to resolve matters and/or which law should apply to resolve such disputes.
(d) One unfortunate day, the convoy truck of Translines Pte Ltd transporting Grendel Pte Ltd’s silicon chips arrived at the Thai-Malaysian border when it collided with another truck that had strayed into its path. All the silicon chips were significantly damaged and the collision was so severe it caused the convoy truck to swerve, lose control and flip over.
(e) Grendel Pte Ltd now intends to sue Translines Pte Ltd for the damage of its silicon chips and the loss it will suffer now when it cannot make good on its delivery to its customers on account of the accident. Translines Pte Ltd argues that the accident was not its fault at all as it was the other truck that collided into its convoy truck.
(f) Grendel Pte Ltd argues that ran lines Pte Ltd’s convoy truck did contribute to the accident by not being on the careful lookout for the other truck. It also argues that the country and law for resolving this dispute is Malaysia since its base of operations is there. Translines Pte Ltd argues that the destination of the goods and the convoy truck was ultimately Singapore and therefore Singapore law and courts should hear the dispute. Alternatively, Translines Pte Ltd also argued that the accident happened on the Thai side of the Malaysian – Thai border and Thai law is then applicable.
If You Are The Judge:
(1) state and explain briefly the various factors and principles that the Court must take into account before choosing the governing law in any case; and
(2) discuss the facts above and give your opinion as to which law should apply in this case – Singapore, Malaysia, or Thailand, or any other country. It is also VERY IMPORTANT that you raise questions and possibilities about what other facts may be useful in this transaction to solve the problem of forum selection.
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