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 trinaha@sslawcorp.com or

Ms. Suanne Chen at suannechen@sslawcorp.com or Ms. Sia Huan Ying at

siahuanying@sslawcorp.com

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 trinaha@sslawcorp.com or

Ms. Suanne Chen at suannechen@sslawcorp.com or Ms. Sia Huan Ying at

siahuanying@sslawcorp.com

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 trinaha@sslawcorp.com or

Ms. Suanne Chen at suannechen@sslawcorp.com or Ms. Sia Huan Ying at

siahuanying@sslawcorp.com

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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

jessietan@seowassociates.com.

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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 chevayu@sslawcorp.com

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 simonhong@seowassociates.com.

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 jessietan@seowassociates.com.

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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:

samuelseow@sslawcorp.com (Personal Assistant:

ericawen@sslawcorp.com)

Accounts team: cassandra@sslawcorp.com

maylim@sslawcorp.com teckheng@sslawcorp.com

TV/Film/ Corporate:

trinaha@sslawcorp.com suannechen@sslawcorp.com siahuanying@sslawcorp.com

ida@sslawcorp.com ester@sslawcorp.com

Music/ IP:

siahuanying@sslawcorp.com chevayu@sslawcorp.com

eleanorng@sslawcorp.com ester@sslawcorp.com

Litigation:

kelvinlee@sslawcorp.com paultan@sslawcorp.com

pakwaltan@sslawcorp.com lucindafrance-

hayhurst@sslawcorp.com helenang@sslawcorp.com serenetan@sslawcorp.com

lihin@sslawcorp.com dirk@sslawcorp.com

Arts/ Theatre:

siahuanying@sslawcorp.com ester@sslawcorp.com

Wills, Probate, Estates/

Conveyancing: kelvinlee@sslawcorp.com

lucindafrance-hayhurst@sslawcorp.com helenang@sslawcorp.com serenetan@sslawcorp.com

Marketing Communications:

sarahsim@beam.com.sg artiste@beam.com.sg

We’d love to hear from you.

Write to us at info@sslawcorp.com