A recent report published by the White House Council of Economic Advisers (“CEA”) on drug pricing in the United States of America has put the cost of medicine and the access thereto by the poor, firmly back in the spotlight, and on a global scale. In the CEA report, President Donald Trump’s administration argues that the USA pays higher prices for pharmaceuticals because other developed countries have systems in place to actively force down drug pricing ...
A fierce fight for the leadership of the World Intellectual Property Organisation (”WIPO”) reflects an ever-growing recognition of the importance of IP. The US has seemingly secured a major victory in its quest to prevent a Chinese official from becoming the director general of WIPO. It has achieved this by backing a candidate from Singapore, Daren Tang, the head of the Singapore Intellectual Property Office ...
Disputes arising from an employer’s failure to promote an employee have become an established feature in South African workplaces, especially in the public sector. They have also been the subject of a large number of arbitrations by virtue of the provisions of section 186 (2)(a) of the Labour Relations Act, 1995 (“LRA”). This section provides that the definition of an unfair labour practice includes unfair conduct by an employer relating to the promotion of an employee ...
South Africa is in lockdown in the face of the coronavirus (COVID-19) outbreak, and although we aren’t able to meet face-to-face over this period, we know how important it is to stay in touch, and we will continue to keep you up-to-date on recent tax developments. In this regard, it feels like a lifetime ago that the South African Minister of Finance delivered his 2020 Budget Speech on 26 February 2020 ...
South Africa is a party to a number of international environmental agreements, including the UN Framework Convention on Climate Control (“UNFCCC”), 1992, the Kyoto Protocol, 1997 and the Paris Agreement. In terms of the Paris Agreement, governments have made a commitment to ensure that global average temperatures remain below 2°C above pre-industrial levels. For South Africa, a country that relies heavily on fossil fuels to generate energy, this is a mammoth task ...
A recent posting by United Kingdom IP firm Beck Greener discusses a very interesting European Union case involving sound marks. If you have any interest in trade marks, you will know that trade marks can take many forms. Although most trade marks are words or logos, trade marks can be all sorts of things… straplines (slogans), product shapes, store layouts colours, sounds, smells or tastes. But many of these more exotic types of trade marks can be difficult to protect ...
Over the past few years, more and more companies have started publishing news content written by artificial intelligence (“AI”) algorithms. This includes Chinese technology giant, Tencent, whose rapid growth has shaped the trajectory of Naspers, the South African company that currently still owns a bit more than 30% of Tencent. Tencent publishes content produced by automated software known as Dreamwriter ...
Why aren’t young influencers taking IP seriously? If you’re over 19 (and you are because you’re reading an article about intellectual property) there’s a good chance that to you “TikTok” is the sound that a clock makes, even though in this case it’s been written by someone who can’t spell. But for younger people, the term has a different meaning altogether ...
On 26 March 2020, directions were issued by the Minister of Home Affairs pursuant to the regulations published in terms of the Disaster Management Act, 2002 to provide temporary measures in respect of entry into or exit out of South Africa in order to prevent and combat the spread of the coronavirus (COVID‑19) ...
On 15 March 2020, the South African President declared a national state of disaster in terms of the Disaster Management Act, 2002. A number of measures have since been implemented by the government to counteract the impact of the coronavirus (COVID-19), and several regulations, directives and guidelines have consequently been published ...
A state of emergency, in order to combat the Coronavirus (COVID-19) epidemic, has been imposed in Mozambique, with effect from 1 April 2020. This follows the Presidential Decree issued by President Filipe Nyusi on 30 March 2020 and ratified by the Mozambican Parliament. This unprecedented state of emergency is intended to last until 30 April 2020 ...
Following the issuing of what has colloquially been called the “Lockdown Regulations” to reduce the impact of the coronavirus (COVID-19) in South Africa, there has been a hasty scramble for essential services to comply with the provisions of the Regulations and to register on the Essential Services Portal ...
Compliance with environmental regulations is challenging under the best of circumstances, but the COVID-19 crisis and measures taken in response add a new layer of complexity. The lack of a consistent message from elected officials and health officers, on the one hand, and from federal and state environmental regulators, on the other, creates a quandary for the business community ...
“With our nation’s health care providers on the front lines in the fight against COVID-19, dollars and cents shouldn’t be adding to their worries.” - CMS Administrator Seema Verma. During this Public Health Emergency, the Centers for Medicare & Medicaid Services (“CMS”) has expanded its accelerated and advanced payment program (“Program”) to all Medicare-enrolled providers and suppliers (“Providers”) ...
On March 31, seven Bay Area counties issued stricter shelter-in-place orders and extended their effectiveness to at least May 3 (collectively, the “Orders”). As of the morning of April 2, Napa County noted that it will be joining the other Bay Area counties. Solano County extended the effectiveness of its order, but declined to tighten restrictions ...
The COVID-19 virus has a worldwide impact on travel activities, affecting foreigners such as employees of companies intending to travel to Germany as well as those who are already in Germany but are now effectively unable to leave. 1. RESTRICTIONS ON ENTRY AND VISA ISSUANCE The countries of the Schengen area have decided to impose entry restrictions on all non-essential travel from third countries ...
On April 1, 2020, the European Commission published a “Guidance on using the public procurement framework in the emergency situation related to the COVID-19 crisis” (Official Journal of the European Union, 2020/C 108 I/01). In particular, the Commission explains various options for awarding public contracts as quickly as possible within the European public procurement framework, which remains unchanged in this respect ...
In response to the COVID-19 pandemic, the Director of the U.S. Patent and Trademark Office authorized relief for trademark applicants, registrants, and parties to Trademark Trial and Appeals Board ("TTAB") proceedings. The Notice of Waiver provides a 30-day extension of time from the initial date it was due, for deadlines falling between March 27, 2020 and April 30, 2020. The filing must include a statement that the delay in filing or payment was due to the COVID-19 outbreak ...
As a growing number of the workforce is being affected by the COVID-19 pandemic, governmental employers are raising benefit-related questions. The Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center ...
Like most industries, tech startups have been deeply impacted by the COVID-19 pandemic. As they scramble to adapt to a rapidly changing climate, tech leaders are asking if, and to what extent, their businesses can benefit from the $2 trillion stimulus package known as the CARES Act ...
On April 2, 2020, the U.S. Small Business Administration (SBA) issued an interim final rule, providing additional guidance on the Paycheck Protection Program (PPP). Click here to read the full text of the Interim Final Rule. Here are some of the highlights of new and/or clarified information from the previous guidance issued by Treasury and SBA and the text of the CARES Act: Eligibility Only U.S ...
Among its other consequences, the ongoing global outbreak of Novel Coronavirus 2019 (COVID-19) has resulted in an economic crisis. In this legal update we present insolvency law issues which may arise during the crisis and we also propose practical solutions for dealing with challenges that companies may face. 1 ...
I. Superintendence of Environment orders the extension of the terms suspension in sanctioning proceedings and other actions. On March 30, 2020 the Superintendence of Environment (“SMA”) issued Exempt Resolution No. 548 (“Res. 548”), which extended the term suspension measures ordered by means of Exempt Resolution No ...
1. The Chilean Supreme Court is vested with the powers to order the suspension of hearings whenever they cannot be carried out because no basic guarantees can be offered for due process. This is due to the restrictions imposed by the Government in the context of the constitutional exception state, such as the limitations to freedom of movement or to the entry into or exit from certain territories, or due to the consequences of the sanitary emergency ...
On April 3rd, 2020, a new Law that amends Law No. 19,983, which regulates the transfer and grants direct enforceability to the copy of invoices, on certain aspects that were recently amended by Law No. 21,131 on 30-days payment, was enacted . The most relevant modifications introduced by this Law aim to benefit small sized businesses (micro, small and medium sized businesses as per defined in Law No ...
