Search for:
Author

Andy Leck

Browsing
Andy Leck is a distinguished senior legal practitioner in Intellectual Property and Technology, Media and Telecommunications (TMT) matters. He is the head of the Intellectual Property and Technology (IPTech) Practice Group in Singapore, and serves as the Asia Pacific head of Baker McKenzie's TMT Industry Group. Andy is widely recognized by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal since 2018. Chambers Asia Pacific notes that Andy as "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Under his leadership, the TMT team in Singapore is highly regarded for its expertise in “outsourcing, cloud computing and TMT IP-related mandates” and “data privacy, compliance, technology and telecoms regulations.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear IP disputes between 2021 and 2023. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center, as well as the Singapore Mediation Centre.

In a recent decision by the Personal Data Protection Commission (PDPC) in Re Fullerton Healthcare Group Pte Limited and Agape CP Holdings Pte Ltd [2023] SGPDPC 5, the PDPC found that the respondents breached the protection obligation under the Personal Data Protection Act and ordered each of them to pay a financial penalty.

Phase 2 of the Healthcare Services Act 2020 (HCSA) has been implemented with effect from 26 June 2023. Under Phase 2, medical or dental healthcare providers who deliver services outside the premises of clinics and via teleconsultation will be required to hold a HCSA license, along with service providers offering outpatient medical and dental services, nuclear medicine, and outpatient renal dialysis, among others.

In June 2023, the Health Sciences Authority (HSA) participated in a one-week INTERPOL-led, internet-based operation involving 16 member countries targeting the sale of illegal health products. The HSA announced that it had removed over 2,000 listings of illegal health products from local e-commerce platforms and detected over 300 parcels shipped into Singapore from overseas containing illegal sexual enhancement products during a week of intensified surveillance from 1 June to 7 June 2023.

On 9 May 2023, the Ministry of Communications and Information published a statement by its minister announcing plans to issue Advisory Guidelines on the Use of Personal Data in AI Systems under the Personal Data Protection Act. Singapore had previously launched A.I. Verify, the world’s first AI governance testing framework and toolkit for companies that wish to demonstrate responsible AI in an objective and verifiable manner. By issuing the Advisory Guidelines, the government plans to support the responsible development and deployment of AI so that its benefits may be enjoyed in a safe and trusted manner.

On 18 May 2023, the Competition and Consumer Commission of Singapore (CCCS) issued a warning against Salon One Pte Ltd and its related entities for its unfair practices under the Consumer Protection Fair Trading Act 2003. Investigations by the CCCS revealed that Salon One had made unsubstantiated representations on its herbal head spa treatment as being able to prevent various diseases such as Alzheimer’s disease, brain stroke, etc. Salon One had also made false representations that there were price discounts, where in fact such discounts never existed as they were discounted from prices that were never offered.

The Therapeutic Products Branch of the Health Sciences Authority (HSA) is intending to implement electronic common technical document (eCTD) submissions in Singapore. eCTD is a standard structured format for companies to transfer regulatory information related to therapeutic products to facilitate dossier submissions. The HSA has invited industry stakeholders to participate in the industry consultation on eCTD submissions up until 12 June 2023.

On 2 May 2023, the Health Sciences Authority (HSA) released a draft update to its guidance document on the risk classification of in vitro diagnostic medical devices. The key updates include clarification notes on the classification of control materials and software, and clarifications on several risk classification rules.