In South Africa, the Advertising Standards Authority (“ASA”) is often used as a forum for trade mark-style disputes. As a recent decision shows, however, success isn’t guaranteed. Regular readers of our IP ENSight newsletters will know that companies are quite fond of using the ASA for what are essentially trade mark or passing off-type disputes. One reason for this is that ASA proceedings are far cheaper and quicker than court proceedings ...
loration and production (“E&P”) companies are confronting the harshest industry environment in decades. E&P companies experienced a drastic deterioration in prices for their oil and natural gas production during the second half of 2014, which remained at depressed levels throughout 2015. The velocity and steepness of the decline has resulted in deteriorating operating cash flows, results of operations and financial condition for many E&P companies ...
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On December 11, 2015, the U.S. Securities and Exchange Commission (the “SEC,” or the “Commission”) issued re-proposed rules (the “Proposed Rules”), as authorized under Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) ...
The Securities and Exchange Commission (the “SEC”) adopted the final rules to Regulation Crowdfunding on October 30, 2015, which implemented Title III of the JOBS Act to allow companies to raise capital through crowdfunding. The final rules are codified as Regulation Crowdfunding in furtherance of Section 4(a)(6) of the Securities Act of 1933 ...
The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”), in In re Simon Shiao Tam, held the seventy-year old disparagement clause of Section 2(a) of the Lanham Act unconstitutional on December 22, 2015. Under Section 2(a), a trademark shall be refused registration if it consists of “matter which may disparage…persons, living or dead… or bring them into contempt, or disrepute ...
The main provisions of the Restructuring Law of 15 May 2015 enter into force on 1 January 2016. It will serve one of the foundations of commercial law in Poland, enabling effective restructuring of insolvent enterprises. The Restructuring Law sets forth the rules for the Polish courts to conduct four separate types of restructuring procedures. It also introduces a range of major changes to the Bankruptcy & Recovery Law of 2003, which from 1 January 2016 is renamed the Bankruptcy Law ...
Recent reports indicate that the number of mergers that were challenged by stockholders during the fourth quarter of 2015 dropped significantly, with estimates ranging from 34% to 21%.1 This is a seismic shift from prior years, when almost 95% of public company transactions resulted in litigation. The drop in lawsuits is attributable to a series of rulings by the Delaware Court of Chancery during the second half of last year ...
The Finnish Criminal Code has been recently amended to combat cybercrime more effectively. The Criminal Code now takes a tougher stance against cybercrime by amending certain provisions, introducing completely new provisions and more severe penalties. The amendments entered into force 4 September 2015. From now on, cybercrime offences, such as illegal data interference and identity theft, can be found under their own titles in the Criminal Code ...
Although many of us still wonder at a drone cruising the sky, it has become relatively common to see these devices around. Drones are used for commercial, industrial, marketing and informational purposes, and also for pure fun and enjoyment. Drones, technically referred to as Unmanned Aerial Vehicles (UAV), are now part of our lives. As many other aspects of day-to-day life, there is a regulation in Guatemala that applies to drones, though it is scarcely known by the general public ...
This week, in Teladoc, Inc. v. Texas Medical Board, 1-15-CV-343 RP, the U.S. District Court for the Western District of Texas, in one of the first federal decisions interpreting North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015), denied the Texas Medical Board immunity from an antitrust claim in a narrow reading of the state-action immunity doctrine. To read the full alert, click here ...
On November 14, 2015, the Supreme Court of Canada rendered three decisions on the application of the the Bankruptcy and Insolvency Act, RSC 1985, c. B-3 (BIA) and its interaction with certain provincial statutes.OVERVIEW OF THE FACTSIn Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd. Ltd ...
The Philippines section of The Mergers & Acquisitions Review 9th Edition contains an overview of M&A activity in the country, general introduction to the legal framework for M&A, developments in corporate and takeover law and their impact, foreign involvement in M&A transactions, significant transactions, key trends and hot industries, financing of M&A, main sources and developments, employment law, tax law, competition law, and outlook ...
Last October 30, the provincial government announced the creation of 'Passeport Entreprises', an action plan focused on two main points: to facilitate access by businesses to government contracts and make the Quebec government's tendering processes more transparent and rigorous ...
Since the new Chinese government came into power in 2013, it has proposed a host of new strategies to realise the “Chinese Dream”. One of the more significant strategies, led personally by President Xi Jinping, is known as “One Belt, One Road” plan, which will have a huge, undeniable impact on the global economy over the next 10 years. The One Belt, One Road strategy aims to provide a comprehensive roadmap for partnership between China and the rest of the world ...
Modern day company law has largely moved away from the concept of “ultra vires” which sought to limit the ability of a company to enter into transactions outside its stated objects. The British Virgin Islands officially moved away from the concept in 2005 pursuant to provisions under the BVI Business Companies Act ...
Known worldwide for its robust shipping registry, trusts, funds, and corporate law sectors, the British Virgin Islands is emerging as a globally competitive jurisdiction for registering and protecting intellectual property, thanks to the enactment of the highly anticipated Trade Mark Act, 2013. The Act, which clarifies, protects, and streamlines the trademark processes, institutes beneficial legal proceedings and conditions for the welfare of intellectual and industrial properties in the BVI ...
On 22 September 2015, the U.S. District Court for the Central District of California considered whether Warner/Chappel Music, Inc. (Warner) owned the copyright to the infamous Happy Birthday lyrics. U.S. District Judge George H. King held that Warner, which had been receiving c$2million dollars per year in royalties, failed to adduce convincing evidence that it owned the copyright to the Happy Birthday lyrics (as distinct from the melody which is already in the public domain) ...
Systemic amendments to Poland’s Bankruptcy & Recovery Law enter into force on 1 January 2016. The main goal of the amendment is to create separate restructuring proceedings governed by the new Restructuring Law. Restructuring proceedings are to replace the former bankruptcy proceedings involving conclusion of an arrangement, as well as recovery proceedings, currently conducted under the Bankruptcy & Recovery Law ...
The staff of the Securities and Exchange Commission’s Division of Corporation Finance, in connection with its review of periodic reports filed by exploration and production (E&P) companies in 2015, has recently issued a number of comment letters to these companies asking them to quantify the impact of low commodity prices on their proved reserves and results of operations ...
On 15 July 2015, the Indonesian Capital Investment Coordinating Board (Badan Koordinasi Penanaman Modal or “BKPM”) issued a circular letter on the new mechanism and procedures for obtaining Principle License applications, aimed particularly at businesses in the consultancy services sector, as an effort to boost investors’ commitment and investment realization (formally, Circular Letter No ...
As an update to our previous Newsletter regarding Regulation No. 17/3/PBI/2015 regarding the Obligation to Use Rupiah in the Territory of the Republic of Indonesia (“BI Regulation”), Bank Indonesia (“BI”) has issued an implementing regulation regarding the mandatory use of Rupiah under BI Circular Letter No. 17/11/DKSP (“Circular 17”) ...
The Philippine section of The International Comparative Legal Guide to: Patents 2016 was contributed by SyCipLaw partners Enrique T. Manuel and Vida M. Panganiban-Alindogan. The chapter includes patent enforcement, patent amendment, licensing, patent term extension, patent prosecution and opposition, border control measures, antitrust law and inequitable conduct and current developments in relation to patents ...
The U.S. Securities and Exchange Commission (the “Commission”) is continuing to scrutinize municipal bond offerings and bring enforcement actions aimed at improving underwriter due diligence and increasing information to investors. On September 30, 2015, the Commission announced a second round of enforcement actions under the Municipalities Continuing Disclosure Cooperation (MCDC) Initiative, securing settlements against 22 underwriting firms ...
This week the European Union Court of Justice (“EUCJ”) struck down the U.S.-EU Safe Harbor Framework governing the transfer of personal data from the European Union to the United States that had been in place since 2000 (“Safe Harbor”).1 Case C-362/14, Schrems v. Data Prot. Comm’r, 2015 E.C.R. ---. Safe Harbor governed the most common set of requirements under which organizations could legally transfer personal data from EU member countries to the U.S ...
