Arwen Berry

Arwen Berry

Local Principal
Baker & McKenzie Wong & Leow
Not admitted to practice law in this jurisdiction

Biography

Arwen is a local principal in the Firm's Intellectual Property and Technology (IPTech) Practice Group in Singapore. She is a member of the Law Society of Scotland, and has been admitted to practice in Scotland since 2004.

Arwen worked as an intellectual property and technology lawyer in the UK and Europe before relocating to Asia in 2014 and has since worked in both Singapore and Hong Kong, advising on matters across both Asia Pacific and Europe.

Arwen is recognised in Legal 500 (2020) as "commercial, pragmatic and personable" for the TMT sector.

Practice Focus

Arwen regularly advises global clients on cross-border information technology, intellectual property, telecommunications, and data protection matters, particularly clients in the EU and in Asia Pacific on complex cross-border data protection issues, most recently arising from the EU GDPR. Arwen also advises international rights holders on the protection, management, and exploitation of their intellectual property rights through merchandising of branded products and services and on the optimization of their procurement, supply chain and logistics arrangements.

Arwen works with business on high value, strategically important IT rollouts and digital transformation projects in heavily regulated sectors. She helps clients successfully navigate legal and regulatory landscapes to roll out innovative technology solutions in a diverse range of sectors (including, life sciences, financial services, energy, telecoms, and advanced manufacturing).

With significant experience on financial services related technology, Arwen has advised on a wide variety of IT and commercial contracts for international banking institutions in areas relating to IT and business process outsourcing, merchant card processing, wealth management platforms, and digital payment solutions. In addition, she has worked extensively in the e-commerce space and has advised clients on launching e-commerce platforms, both in an online and mobile environment across multiple international jurisdictions.

Arwen is widely recognised for her intellectual property practice and advises clients on complex global patent licensing deals (including several in the mobile device manufacturing sector relating to the use of touch screen standards). Arwen has a special interest in the life sciences sector with deep understanding on patent and know-how licensing, research and development agreements, strategic alliances, public/private/academic collaborations, spin outs and manufacturing, supply and distribution agreements for pharmaceuticals and medical devices.

She has also advised on several high-profile media and entertainment projects in Asia Pacific.

Representative Legal Matters

Prior to joining the Firm, Arwen worked on the following matters:

  • Advising a British multinational investment bank on its negotiations with Dow Jones, a well-known legal publisher to launch a 'digital degree' for the bank’s worldwide legal team. The project involved the development of content on an e-learning platform in relation to topics such as robo advisors, blockchain, artificial intelligence, crowd funding, cloud, and other digital topics.

  • Advising a global platform provider on the implementation and licensing of a Salesforce application layer SAAS solution for Maxis Broadband in Malaysia. The deal involved the licensing of a proprietary SAAS solution to Maxis and negotiating with Accenture as the implementation services prime contractor.

  • Advising a global mobile phone company on the launch of their new Internet of Things (IoT) service in Hong Kong, including the development of new terms and conditions for the service. The deal included advising on potential exposure to liability because of providing connectivity services to customers using SIMs / chips to support IoT applications (such as wearable technologies in the healthcare space).

  • Advising a client in relation to the legal and regulatory issues surrounding the use of autonomous robots for “last mile delivery" across SE Asia. The project involved exploring the legal framework enacted to support similar pilots of automated technologies (such as driverless cars), legal issues arising from the robots travelling on public roads / private land, personal injury issues, privacy and data protection issues and the use of communications technologies.

  • Advising the SE Asia franchise of one of the world’s largest furniture retailers on the establishment of its first e-commerce platform for customers in Singapore, Malaysia, and Thailand. The project involved negotiating a suite of multi-jurisdictional agreements for software implementation, payment gateways, logistics, customer terms and included cross-border data protection advice.

  • Advising one of China’s largest airlines on its compliance with the EU GDPR. The project involved carrying out a detailed GDPR compliance audit and analysis of the company's compliance processes and procedures, advising the airline on the extraterritorial scope of the GDPR and assisting the airline with the preparation of documentation and processes to ensure GDPR compliance.

  • Advising one of the world’s leading travel websites on the potential acquisition of a company in India which operated a global airfare marketplace. The project involved reviewing the target’s global arrangements with both travel suppliers and travel sales outlets (including Expedia) in relation to both the licensing of the proprietary sales portal and the sharing of personal data between the various parties in the supply chain to report on compliance issues (including GDPR compliance for relevant companies and customer groups).

  • Advising a UK-headquartered outsourcing company on cross-border project involving the UK, Hong Kong, and Indonesia. The project related to the scaling up of business in the rapidly expanding new sector of insect protein products, including liaising with advisers in Indonesia in relation to both the structure of the corporate vehicles used for the project and the relevant legal and regulatory barriers to setting up such a business.

  • Advising a personalized oncology & cancer testing services company on the development of the world's first personalised cancer screening service, being launched in Singapore and Hong Kong. The project involved advising on the agreements with customers and participating physicians together with developing a framework to comply with the data protection requirements and human tissue regulations across multiple jurisdictions (including use of samples for genetic screening and diagnosis).

  • Advising an international electronic device manufacturer (gaming peripherals) on the negotiation of global patent licensing deals with Koninklijke Philips NV (touch screen technology) and Nokia (H.264/AVC Licensed Standard). The projects involved advising on the negotiation of a patent licence and a settlement agreement in relation to any past use of the patent portfolios prior to the effective date of the licensing deals.

Professional Associations and Memberships

  • Law Society of Scotland - Member

Admissions

  • Scotland (2004)

Education

  • University of Edinburgh (Diploma in Legal Practice) (2001)
  • University of Edinburgh (LLB, Honours) (2000)

Languages

  • English