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Beware geeks bearing gifts - why sports' rights holders need to think carefully before moving away from 'traditional’ broadcasters
Shepherd and Wedderburn LLP, August 2018

Two significant events this week raised eyebrows in the lucrative world of live sports broadcasting. Firstly, Facebook agreed an exclusive deal to show La Liga to users in Asian territories including India, Bangladesh, Sri Lanka and Pakistan. It will live stream all 380 matches this season for free to its 348 million users in the region. The move fits with Facebook's ambition to grow use of its social networking platform outside markets that have reached saturation...

Establishing a Business in Global Guide - Israel - Publication
Fischer Behar Chen Well Orion & Co., August 2018

(FBC’s Ron Lehmann, Ron Sitton, Carolyn Zeimer Vigodny and Audrey Abensur authored the ‘Establishing a Business in Israel’ guide for the Thomson Reuters Establishing a Business in … Global Guide 2018. See here.) The Israeli legal system is mainly based on common law, but incorporates some aspects of civil law. Israeli business entities include cojmpanies, partnerships, co-operatives and non-profit organisations...

Tackling the Gender Pay Gap
Shepherd and Wedderburn LLP, August 2018

All employers who were required to publish a Gender Pay Gap Report for the financial year 2017-2018 have now done so. A report published by the UK Parliament’s Business, Energy and Industrial Strategy (BEIS) Committee has confirmed that 78% of organisations have gender pay gaps that favour men, and that the national gender pay gap median is around 18%. The picture is worse in certain sectors, where it was found that gender pay gaps of over 40% were “not uncommon”...

Demutualization of the Tel-Aviv Stock Exchange: Opportunities and Challenges
Fischer Behar Chen Well Orion & Co., August 2018

In May 2017, the Israeli Securities Law was amended (Amendment No. 63) with a goal of turning the Tel-Aviv Stock Exchange (TASE) into a more competitive, efficient and profitable stock exchange, by outlining an ownership structure change of the TASE. The ownership structure change allows private investors, in addition to institutional investors, to acquire means of control over the TASE...

VAT relief for residential property developers after expiry of section 18B
ENSafrica, August 2018

The South African Revenue Service (“SARS”) issued Binding General Ruling No. 48 (“BGR 48”) on 25 July 2018, which provides much needed clarification for residential property developers following the recent cessation of relief under section 18B of the Value-Added Tax Act, 1991 (the “VAT Act”)...

Code of Conduct for Industrial Harmony : A Guideline on Retrenchment
Shearn Delamore & Co., August 2018

IN THIS ARTICLE, PARVATHY DEVI RAJA MOORTHY DISCUSSES THE CODE OF CONDUCT FOR INDUSTRIAL HARMONY   Introduction The Code of Conduct for Industrial Harmony (“the Code”) was agreed upon between the then Ministry of Labour and Manpower[1], the Malaysian Council of Employers’ Organisation[2]and the Malaysian Trades Union Congress to lay down principles and guidelines to employers and workers on the practice of industrial relations for achieving greater industrial ha

Promotion after dismissal?
ENSafrica, August 2018

The primary remedy for a substantively unfair dismissal is reinstatement, which aims to place an employee into the position he or she would have held had it not been for the substantively unfair dismissal. Generally speaking, reinstatement awards are coupled with orders for back pay, that is, payment of the remuneration that the employee would have enjoyed over the period between the dismissal and the reinstatement order...

Can an Industrial Court Action Proceed without Complying with Section 226(3) or Section 263(2) of the Companies Act 1965?
Shearn Delamore & Co., August 2018

IN THIS ARTICLE PARVATHY DEVI RAJA MOORTHY DISCUSSES WHETHER AN INDUSTRIAL COURT ACTION CAN PROCEED WITHOUT COMPLYING WITH SECTION 226(3) OR SECTION 263(2) OF THE COMPANIES ACT 1965.   Introduction In the civil court, any action or proceeding pending against a company after the presentation of a winding-up petition may be stayed by the court...

Africa tax in brief
ENSafrica, August 2018

DJIBOUTI: International Free Trade Zone launchedThe first phase of the Djibouti International Free Trade Zone (“DIFTZ”), expected to be the largest free trade zone in Africa, was launched on 5 July 2018. The DIFTZ will house a variety of manufacturing plants and offer investors various incentives, including tax exemptions...

Challenging an Award of the Industrial Court
Shearn Delamore & Co., August 2018

IN THIS ARTICLE, JAIME GOH MOON HOONG ANALYSES THE EXTENT AN AWARD, DECISION OR ORDER OF THE INDUSTRIAL COURT CAN BE CHALLENGED OR REVIEWED BY WAY OF JUDICIAL REVIEW.   Introduction The Industrial Court is a creature of statute. In determining a particular dispute, the Industrial Court must act in accordance with the purposes and express provisions of theIndustrial Relations Act 1967(“Act”)...

Corporate reorganisations: the dividend stripping pitfall
ENSafrica, August 2018

Under South African corporate reorganisation rules, tax consequences are deferred and do not crystalise at the time of the transaction, but a carefully planned restructuring transaction may result in hardship due to subsequent events. A recently proposed amendment illustrates this risk.Tax relief under the existing corporate reorganisation rules may be neutralised if assets acquired in terms of these rules are disposed of within 18 months...

The Law Relating to Competing Unions Representing the Same Group of Employees
Shearn Delamore & Co., August 2018

IN THIS ARTICLE, REENA ENBASEGARAM LOOKS AT THE LAW RELATING TO COMPETING UNIONS.   Introduction The strength of a trade union is derived from its membership which is its paramount asset. Upon being accorded recognition, a trade union will bargain on behalf of the employees and, in this regard, acts as a principal and not as an agent of its members[1]. The contracting rights - including those of non-union members and future employees - are transferred to the trade union...

Far-reaching proposed changes to the taxation of foreign trusts
ENSafrica, August 2018

The South African Draft Taxation Laws Amendment Bill, 2018 (the “Draft Bill”), which was published by the Minister of Finance on 16 July 2018, introduces many of the tax proposals announced in the 2018 Budget Review earlier this year...

Transferring an Employee
Shearn Delamore & Co., August 2018

IN THIS ARTICLE, NADIA ABU BAKAR DISCUSSES AN EMPLOYER’S PREROGATIVE TO TRANSFER EMPLOYEES   Introduction There may be an instance where you receive a letter from your company with the following content: “In light of the business requirements of the Company, you shall be transferred to xx with effect from xx...

A union's duty to consult: The Labour Court's disapproval of delaying tactics and obstructive behaviour
ENSafrica, August 2018

Section 189 of the Labour Relations Act, 1995 (the "LRA") provides that an employer, after giving notice that it is contemplating dismissals on the grounds of its operational requirements, must enter into a consultation process with regard to the proposed dismissals...

Who is my Employer?
Shearn Delamore & Co., August 2018

IN THIS ARTICLE PARVATHY DEVI RAJA MOORTHY LOOKS AT THE IMPORTANCE OF ASCERTAINING THE IDENTITY OF THE EMPLOYER WHEN LODGING A COMPLAINT OF UNFAIR DISMISSAL ESPECIALLY IN SECONDMENT CASES.   Introduction The correct identification of an employer is essential in the lodging of an unfair dismissal complaint pursuant tosection 20of theIndustrial Relations Act 1967where the relationship between the employee and the company is unclear...

Dismissals with immediate effect: a different approach
ENSafrica, August 2018

In a previous ENSight, we discussed the decision of the Labour Court in Mtati v KPMG Services (Pty) Ltd. In this case, it was decided that employees may not be disciplined if they have resigned “with immediate effect”. The resignation is regarded as terminating the contract of employment immediately and the consequence is that the employer is denied the opportunity to pursue disciplinary action against the employee. A subsequent dismissal will be null and void...

A Re-look at the Laws on Retrenchment
Shearn Delamore & Co., August 2018

IN THIS ARTICLE, WONG KIAN JUN CONSIDERS A RE-LOOK AT THE LAWS ON RETRENCHMENT   Introduction During uncertain times and shrinking profits, organisations may decide to reorganise their business structure in order to create a leaner workforce thereby reducing their operating costs to weather the impact of a slowing economy. Inevitably, the reorganisation would result in the retrenchment of its employees who are considered surplus to the needs of the organisation...

Can an employer be held liable for racial discrimination towards an employee by one of its customers?
ENSafrica, August 2018

In an interesting and (as yet) unreported judgment handed down by the Labour Court, which considered an appeal against a Commission for Conciliation, Mediation and Arbitration (“CCMA”) award (rather than a review), the court confirmed the principle that an employer cannot be held liable in terms of the Employment Equity Act, 1998 (the “EEA”) for unfair discrimination resulting from actions towards one of its employees by one of its customers...

San Antonio Passes Ordinance Requiring Paid Sick Leave
Dykema, August 2018

The San Antonio City Council recently approved a new city ordinance that requires employers to provide paid sick leave to employees who work at least 80 hours within the City of San Antonio per year...

Mauritius welcomes changes to its arbitration landscape
ENSafrica, August 2018

The new MIACThe London Centre for International Arbitration (the “LCIA”) and the Government of Mauritius have come to a mutual agreement to terminate the joint venture that had led to the establishment of the LCIA-MIAC Arbitration Centre in Mauritius in 2011. The effective date of termination was 27 July 2018. The Mauritius International Arbitration Centre (the “MIAC”) will thereafter commence operations as an independent arbitration centre...

Locus Standi of an Infringer as an Aggrieved Party
Shearn Delamore & Co., August 2018

Can An Infringer Have Locus Standi As An Aggrieved Party? IN THIS ARTICLE, SIM SOOK ENG CONSIDERS THE CASE OFMUNCHY FOOD INDUSTRIES SDN BHD v HUASIN FOOD INDUSTRIES SDN BHD.   Introduction This case raised a few important and novel issues that dealt with thelocus standiof an aggrieved person, Internet searches as evidence for use of a trade mark and the role of a sub-brand as a source identifier when used together with a house brand...

The Basic Conditions of Employment Amendment Bill – too much work for the CCMA?
ENSafrica, August 2018

During the course of recent months, South African Parliament has considered four bills proposing significant changes to South Africa’s labour legislation. These are the National Minimum Wage Bill, the Basic Conditions of Employment Amendment Bill (the “BCEA Bill”), the Labour Relations Amendment Bill (the “LRA Bill”) and the Labour Laws Amendment Bill...

Philippine Chapter of Getting the Deal Through: Labour & Employment 2018
SyCip Salazar Hernandez & Gatmaitan, August 2018

  Getting the Deal Through: Labour & Employment 2018 - Philippines Ronald Mark C. Lleno, Emmar Benjoe B. Panahon and Hans Cedric I. Santos SyCip Salazar Hernandez & Gatmaitan   Legislation and agencies 1 What are the main statutes and regulations relating to employment? The Labor Code of the Philippines (Presidential Decree No. 442, as amended) (the Labor Code) and the Omnibus Rules Implementing the Labor Code...

RF talks trade marks and endorsements
ENSafrica, August 2018

It’s been widely reported that Roger Federer has signed a 10-year, USD300-million sponsorship deal with the clothing brand UNIQLO. The new deal was announced with some style when Roger walked out on Wimbledon Centre Court in his fancy new threads on the first day of the 2018 championships. The UNIQLO deal is interesting in a number of respects...

The European, Middle Eastern and African Antitrust Review 2019: Israel Overview
Fischer Behar Chen Well Orion & Co., August 2018

Global Competition Review (GCR) publishedThe European, Middle Eastern and African Antitrust Review 2019. The “Israel Overview” chapter was written by FBC’s Tal Eyal-Boger, Ziv Schwartz and Shani Brown...

Frodo: not Baggin this one
ENSafrica, August 2018

We don’t often discuss Korean trade mark cases, but a recent registry decision is worth a look because it shines a spotlight on a particularly interesting aspect of trade mark law: character merchandising.Kakao Corp is Korea’s largest mobile service provider. One of its offerings is KakaoTalk, a mobile messaging service that’s apparently used by some 154-million people around the globe...

Brexit: What can employers do now to help support their EU employees?
Shepherd and Wedderburn LLP, August 2018

One of the most pressing issues for employers in relation to Brexit is immigration and the rights of EU citizens following the UK’s exit from the EU. Many UK businesses hire EU workers, with some sectors such as agriculture being particularly dependent on seasonal EU workers; still more will employ individuals who have family members who are EU nationals...

Well-known trade marks in Kenya: the bar is high
ENSafrica, August 2018

The recent Kenyan High Court judgment in the case of Sony Corporation v Sony Holdings Limited (a decision of Judge Tuiyoyy dated 29 May 2018) has attracted considerable attention. Much of the talk has been around the fact that Sony, arguably one of the best known brands in the world, was denied protection as a well-known trade mark. But there’s more to this judgment than that...

Qualified Opportunity Zones: A New Tax-Advantaged Investment Strategy
Dykema, August 2018

Executive Summary The 2017 tax act (Pub. L. No. 115-97) introduced a new program designed to encourage investments in low-income communities throughout the country that have been designated as qualified opportunity zones (“Opportunity Zones”). Each state and U.S. territory was allowed to designate up to 25 percent of eligible low-income communities as Opportunity Zones...

Louboutin wins case to defend red-soled shoes as a trademark
Wardynski & Partners, August 2018

The European Court of Justice (CJEU) has ruled that Christian Louboutin’s famous red sole does not consist solely of ashape that significantly increases the value of aproduct, and therefore can be registered as atrademark. This is an important victory for the fashion designer in the long-running battle concerning red-soled shoes...

Licensing requirements for OTC Derivatives Providers published (and deadline extended)
ENSafrica, August 2018

On 27 July 2018, the newly established Financial Sector Conduct Authority (“FSCA”) published the final Conduct Standard, No 1 of 2018, setting out the Criteria for Authorisation of OTC Derivatives Providers (“ODPs”). The Regulations under the Financial Markets Act, 2012 (the “FMA Regulations”) were promulgated in February of this year, effectively setting a deadline of 8 August 2018 for ODPs to apply for licences...

Catch for newly appointed management board members?
Wardynski & Partners, August 2018

A gap in legal provisions might mean criminal liability for management board members for not filing financial statements on time. Amendments enacted in mid-March 2018 to the National Court Register Act have already caused some confusion and alot of trouble for companies whose management boards solely comprise foreigners...

The OECD releases discussion draft on financial transactions
ENSafrica, July 2018

In addition to providing guidance on a number of transfer pricing related issues relating to aligning transfer pricing outcomes with value creation, the 2015 final report on Base Erosion and Profit Shifting - Actions 8 to 10 mandated follow-up work on the transfer pricing aspects of financial transactions. The Organisation for Economic Co-operation and Development’s (“OECD’s”) Committee on Fiscal Affairs Working Party No...

A losing battle: The legal saga of KitKat’s trademark shape
Karanovic & Nikolic, July 2018

On 25 July, theEuropean Court of Justice("CJEU") has thrown out an appeal by Nestlé, which argued that it owns the shape of its famous treatKitKat. Nestlé, the world's largest food and beverage company, has spent more than a decade fighting to trademark the four-fingered wafer shape. However, EJC's most recent ruling could bring an end to the snack's protected European status...

South African Constitutional Court ruling: what does it mean for employees of temporary employment services?
ENSafrica, July 2018

Section 198A of the Labour Relations Act, 1995 (the “LRA”) provides that a person assigned to a client by a temporary employment service (“TES”) for a period of more than three months, and who earns less than the threshold amount set in section 6(3) of the Basic Conditions of Employment Act, 1997, is deemed to be the employee of the client for the purposes of the LRA. There are two exceptions to this deeming provision...

Novelties to the Croatian Capital Markets Regulation
Karanovic & Nikolic, July 2018

The Croatian Parliament adopted the new Capital Markets Act in order to align the Croatian legislation with the EU acquis. The act adjusts the Croatian legislation with the cornerstone of EU's financial markets regulation - the Directive on Markets in Financial Instruments repealing Directive 2004/39/EC and the Regulation on Markets in Financial Instruments, commonly referred to as MiFID II and MiFIR...

Mining Commission calls for mining licence holders to submit local content compliance plan
ENSafrica, July 2018

The Mining Commission issued a public notice on 17 July 2018, calling for mining licence holders to submit their local content plans to the Mining Commission. The call is in line with the requirements of the Mining (Local Content) Regulations, 2018 (the “Regulations”)...

Consultation on a Proposed Model to Extend Unfair Contract Terms (UCT) Protections to Insurance Contracts - Australia
MinterEllison, July 2018

Earlier this year, the government released a proposal paper: Extending Unfair Contract Terms Protections to Insurance Contracts outlining a model to extend unfair contract term (UCT) provisions to insurance contracts regulated under the Insurance Contracts Act 1984 (Cth) (IC Act) for consultation. The consultation period closes on 27 July. A high level summary of the proposed model is below...

Standing up to the majority
ENSafrica, July 2018

Section 23(1)(d) of the Labour Relations Act, 1995 (“LRA”) enables an employer and a trade union (or trade unions acting jointly), that enjoy majority support in the employer’s workplace, to conclude a collective agreement and to extend the collective agreement to employees who are not members of the trade union that concluded the collective agreement...

The 10th edition of the Balkan Legal Forum in Vienna – A Great Success
Boyanov & Co., July 2018

The 10thedition of the Forum (14th– 15thJune, Park Hyatt), titled The Future of Law: Technology and Legal Services in South East Europe: 2018-2028, was held with great interest among over 150 delegates and speakers from 30 countries from five continents including, beside the European countries, Jamaica, USA, Singapore and Australia. Borislav Boyanov, Managing Partner of BOYANOV & Co...

Changes in Serbian Employment Legislation 2018
Karanovic & Nikolic, July 2018

The beginning of the summer brought amendments to several employment-related laws. The most notable changes are presented below: The Law on the Employment of Foreigners The duration of the labour market test– The labour market test within the work-permit acquisition process (through which the National Employment Service examines whether there are any Serbian citizens suitable for the vacant position), is shortened to 10 days, having previously lasted one month...

Autonomous Cars in Quebec: The Legal Uncertainty is Clarified at Last
Lavery Lawyers, July 2018

With the recent enactment of Bill 165, An Act to amend the Highway Safety Code and other provisions1, the driving of autonomous vehicles in Quebec is finally regulated, although a number of uncertainties remain. Indeed, the driving of autonomous vehicles of automation level 3, such as Tesla’s model X equipped with an improved guidance system, is now permitted in Quebec...

Further proposed changes to the generic B-BBEE Codes
ENSafrica, July 2018

The South African Broad-Based Black Economic Empowerment Act, 2003 (the “B-BBEE Act”) is the current framework regulating broad-based black economic empowerment (”B-BBEE”)...

New Amendment to the Israeli Restrictive Trade Practices Law regarding Parallel Importing
Fischer Behar Chen Well Orion & Co., July 2018

The Israeli Parliament (the Knesset) recently approved (on July 18, 2018), an amendment to the Israeli Restrictive Trade Practices Law, 5748-1988 (the “Law“) regarding parallel importing (the Restrictive Trade Practices Law (Amendment 20 – Temporary Order), 5778-2018) (the “Amendment“)...

Pilot Scheme for Risk Sharing in the Reimbursement System as Part of the Growth Plan for Life Science
Plesner, July 2018

The Danish government has now published its life science growth plan, which aims at making Denmark a leading life science nation in Europe. The growth plan is based on the recommendations submitted by the Growth Team for Life Science. Plesner has previously reported on the topic.1  The growth plan contains 36 initiatives in 6 key areas. One of the many initiatives is a pilot scheme for risk sharing in the drug reimbursement system...

The Halal Market and Agribusiness Investment
Veirano Advogados, July 2018

The international trading market is currently quite favorable to commodity-producing countries such as Brazil. In recent months, the Bloomberg Commodity Index, which tracks daily the performance of main commodities, closed at US$89.49, 1.5% higher than it was at lhe end of 2017 and 6.73% higher than it was 12 months ago...

Australian Life Sciences and Biotech - Key Themes and Trends
MinterEllison, July 2018

The Australian life sciences and biotech sector is likely to continue its resurgence over the next twelve months, with global trends driving strong M&A activity in life sciences and biotech M&A. We have identified 6 key themes for activity in this sector. Three Key Opportunities Demographic Trend According to the Australian Institute of Health and Welfare, healthcare expenditure in Australia is growing faster than population growth and GDP growth...

Patents for Inventions Related to Zika Virus, Chikungunya Virus, and Rare Diseases may have Fast-Track Examination at the BPTO
Veirano Advogados, July 2018

Resolution number 217/2018 was published in the Brazilian PTO’s Official Bulletin number 2470, and amends Resolution number 80/2013, which refers to the fast-track examination for patent applications related to products, pharmaceutical processes, equipment and materials related to public health, aiming to accelerate patent applications considered strategic to the Brazilian Public Healthcare System...

Future Technologies in Transport
MinterEllison, July 2018

What are some of the exciting developments we're seeing in transport? How can these be practically applied? We were delighted to host a Fast Track session as part of our sponsorship of Amplify, AMP’s innovation festival, where we explored how innovative high speed transportation systems will impact our future. But how can these new technologies be introduced into society? High speed transportation systems Long commutes could soon be history...

 

 

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