Cloud computing has increasingly become a dominant model for computer and IT service, with the majority of businesses worldwide using computing resources and storing data in the Cloud. However, despite the ease of use and convenience of cloud computing, moving data and services into the Cloud raises several legal issues for both cloud computing providers and users. This article highlights some of the issues and questions relating to IP rights raised by cloud computing.
What is cloud computing?
Generally, cloud computing is the remote delivery of computing services and resources to a client. Data is stored and/or processed remotely from the client, on infrastructure that is generally called the Cloud . The client can access this infrastructure remotely, usually over the Internet. Importantly, the client (eg, a personal computer) does not have to perform any of the data storage or processing that now occurs in the Cloud, significantly reducing the hardware, software and security r
In October 2020 the Second Panel of the Superior Court of Justice issued a unanimous decision, on repetitive appeal, establishing that a claim to collect amounts relating to expenses for demurrage previously established in a maritime transport contract (unimodal) is limited to five years by the statute of limitations. This decision ratifies the court's prevailing position on the matter.
The Federal Court s decision in the case of
Mansion Properties Sdn Bhd v Sham Chin Yen,(1) regarding applications made by a company or its creditors under Section 368 of the Companies Act 2016 to restrain proceedings against the company under a proposed scheme of arrangement appears to be a welcome decision. It has provided clarity on the previously rather ambiguous procedure to be adopted when making such applications.
Facts
The appellant, Mansion Properties Sdn Bhd, the developer of a housing project known as D Maison, failed to deliver vacant possession of the condominium units of D Maison within the stipulated time. The respondents, purchasers of the condominium units, filed a claim against the appellant for liquidated ascertained damages in 2017.
A new provision establishes the requirements for the suitability of transfer pricing documentation. In order to align the domestic transfer pricing framework with the Organisation for Economic Cooperation and Development standards, the provision updates the rules relating to the content of transfer pricing documentation, which must be prepared in order to support the application of the arm's-length principle to intercompany transactions.
On 11 August 2020 the Ministry of Industry and Information Technology issued the Guidelines on the Construction of a Data Security Standards System in the Telecoms and Internet Industries for public comment.
According to the draft guidelines, the data security standards system for telecoms and internet industries comprises four categories:
basic and general standards – these include terminology definitions, data security frameworks and data categories and classifications;
critical technology standards – these deal with data security technology used throughout the entire data lifecycle, including in the collection, transmission, storage, processing, exchange and destruction of data;
security management standards – these concern data security specifications, data security assessments, monitoring and early warning and processing, emergency responses and disaster back up and security capability certifications; and