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Carey | February 2007

During the last 10 years there has been a significant market debate about the position Chile should take in connection with open digital television. This debate is all teh more significant because this service may predominate in the future because of its ability to allowing users to better administer the content they wish to watch. Since the beginning of the debate, different countries have tried to introduce their respective technologies in Chile ...

In December last year, the House of Lords handed down its judgment in the case of R (on the application of Laporte) v Chief Constable of Gloucestershire.  The case considered the proper balance to be struck between an individual's Article 10 and 11 rights to freedom of expression and freedom of assembly and association under the European Convention on Human Rights ('ECHR'), and the Police's powers to prevent breaches of the peace ...

Lavery Lawyers | January 2007

On November 9, 2006, the Minister of Justice, Yvon Marcoux, introduced Bill 48, entitled An Act to amend the Consumer Protection Act and the Act respecting the collection of certain debts (hereinafter, the “Bill”).The Bill is based on the Internet Sales Contract Harmonization Template agreed on by the provinces further to the Agreement on Internal Trade ...

Deacons | January 2007

Film Services OfficeThe Film Guarantee Fund (FGF) : First established in April 2003, the FGF’s main objective is to assist local film production companies to obtain loans from financial lending institutions for the purpose of producing films and to help develop a film finance infrastructure in Hong Kong ...

Deacons | January 2007

On 14 July 2006, the Hong Kong and Mainland Chinese Governments signed a ground-breaking agreement entitled “An Arrangement on Reciprocal Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region pursuant to Choice of Court Agreements between Parties Concerned” (the “Arrangement”), under which they agreed to recognise and enforce judgments made in each others courts ...

Deacons | January 2007

In an effort to “rejuvenate the excitement of going to the movies”, The Drive-In became Hong Kong’s first drive-in cinema when its first of 4 screens opened to the public on December 6 2006. The second is tentatively to open by Christmas and the last two, by Chinese New Year 2007 . Situated in the West Kowloon Cultural District, the venture is owned by Sowell Resources Limited who also holds the lease to the site of The Drive-in ...

Deacons | January 2007

Another victim of the economic boom in Hong Kong is the Cine-Art Cinema which was officially closed in November 2006. The cinema was the only venue on Hong Kong Island that programmed independent, arthouse films. The only other arthouse cinema is Broadway Cinemateque in Kowloon. Due to rising property prices and a declining audience for several years, Cine-Art had no choice but to close ...

Deacons | January 2007

On 17 November 2006, the Beijing First Intermediate Court rejected the copyright infringement claim made by seven music companies, namely Sony BMG, Warner, EMI, Universal, Gold Label, Go East and Cinepoly, against NASDAQ-listed Baidu.com. The music companies which owned the copyright, alleged that the MP3 search service of Baidu.com allowed users to freely download 137 songs and sought an injunction as well as damages in the amount of RMB1,690,000 ...

Deacons | January 2007

The war between new DVD technologies, Blu-ray and HD DVD are reminiscent of the battle between the VHS and Betamax videocassette formats. Who will be the winner in this war is yet to be seen as these formats are now becoming available in retail outlets. Supported by Sony, Blu-ray is the next generation optical disc which was developed to store large amounts of data and to enable recording, rewriting and playback of high definition (HD) video ...

Lavery Lawyers | January 2007

On October 31, 2006, the Court of Appeal rendered two key decisions on the issue of neighbourhood annoyances in Quebec. It is greatly to their credit that these two judgments represent a return to more reasonable legal bases on this issue. The decisions are Ciment du Saint-Laurent inc. / St. Lawrence Cement Inc. v. Barrette and Cochrane(2) (hereinafter “St. Lawrence Cement”) and Comité d’environnement de Ville-Émard (C.E.V.E.) and Michaud v ...

This month the Legislative and Regulatory Reform Act 2006 ('the Act') comes into force. It is one of the Government's key legislative proposals for 2006, designed to promote productivity and ease the burden of regulation. The Act replaces the Regulatory Reform Act 2001 and is part of the UK Government's Better Regulation Action Plan 2005 ...

Deacons | January 2007

Amendment (6) to the Criminal Law of the People's Republic of China was adopted at the 22nd Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on 19 June 2006 and promulgated by President Hu Jintao on 29 June 2006. The Amendment, which entered into effect on the date it was promulgated, introduces penalties for a range of economic crimes ...

Kocian Solc Balastik | December 2006

As concerns the contents of the Act, we can say primarily that certain proven principle and institutes reappeared known from original Act No. 199/1994, Coll., on Public Procurement which Act No. 40/2004, Coll ...

Lawson Lundell LLP | December 2006

The Sappier Decision: Supreme Court of Canada Recognizes Aboriginal Right to Timber for Domestic Purposes and Clarifies Requirements for Establishing an Aboriginal RightOn December 7, 2006, the Supreme Court of Canada handed down its decision in the cases of Gray v. R and R. v. Sappier and Polchies ...

Afridi & Angell | December 2006

The legal systems of the nations that comprise the Gulf Cooperation Council -- Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates -- have undergone dramatic, radical and progressive change and development in the past 25 years, which is continuing ...

Shepherd and Wedderburn LLP | December 2006

On 4 December 2006 the Disability Equality Duty will come into force. It will join the broadly similar Race Equality Duty, which has existed under the race relations legislation since 2001. Meanwhile, an analogous Gender Equality Duty is due to come into force in April 2007.The intention behind the creation of these new duties is to ensure that bodies which exercise public functions “mainstream” equality issues when exercising those functions ...

C.R. & F. Rojas Abogados | November 2006

Bolivia has just culminated the step that will have the greatest impact in the process of creating a new constitution for Bolivia. On Sunday July 2, Bolivia elected the constituents to the assembly that will be in charge with providing structure and substance to the new constitutional norm ...

Van Doorne | November 2006

The IT outsourcing market has matured in the past years. Many IT outsourcing relationships are fruitful and long lasting. Nevertheless international surveys continue to show that numerous outsourcing deals are untimely terminated in the first two to four years. This paper highlights the key risk factors for failure of IT outsourcing relationships. These key risk factors will be underlined by various failed outsourcing case law. Such case law probably only represents the top of the iceberg ...

Open source software ("OSS") is quickly entering the mainstream and becoming increasingly widely used. In fact International Data Group analysts have predicted that the OSS marketplace will be worth £35 billion by 2008. OSS is software that is freely available (without discrimination) and can be copied, modified and redistributed ...

The revelations of the intercepted phone messages from Prince Harry and Prince William earlier this year are a reminder of how vulnerable personal data can be. Proposed changes to the law will mean that those who hold confidential personal information must be even more vigilant about what they do with that data. Most businesses will be familiar with the Data Protection legislation but it is important not to be complacent ...

Shepherd and Wedderburn LLP | September 2006

There has been a great deal of interest generated by the Bankruptcy and Diligence etc (Scotland) Bill on its passage through the Scottish Parliament ...

Lavery Lawyers | September 2006

• Directors of NPOs are subject to substantially the same duties and liabilities as directors of for-rofit companies • Being a director of an NPO is not merely an honorary role • The corporate governance rules recommended for or imposed on reporting issuers are examples of best practices for NPOs; however, like for small businesses, they should be adapted, depending on the situation, to avoid unduly complicating the NPO’s processes • Special attention should be paid to certain differenc

State Aid is something of a European hot potato as the European Commission is currently in the process of reforming the rules surrounding State Aid. This reform process is the key priority for Robert Hankin, head of the Regional Aid Unit at the European Commission. State Aid involves support given by a member state to businesses, in the form of subsidies or tax breaks for example, and has a wide-ranging impact throughout Europe ...

Procuring and implementing an ICT system within an organisation can be a stressful task. High profile failures in both the public and private sectors hit the headlines all too often. The National Audit Office's report last month on the £6.2bn NHS IT upgrade in England put many of the challenges firmly in the spotlight. In the heat of the procurement process it is easy to forget some basic procurement principles ...

What will the impact be when the Scottish Parliament Finance Committee reports on Accountability and Governance asks Kelly Harris The Finance Committee of the Scottish Parliament has been conducting an inquiry into Accountability and Governance in Scotland, looking at the proliferation of Commissioners and Ombudsmen established since devolution. The impetus behind the inquiry was the growing concern that money might be being wasted as a result of overlapping functions and responsibilities ...

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