We have seen emerging markets in Central and Eastern Europe opening up and developing quite quickly. Some of them have done so through their ascension to the European Union and others by organising their legislation in accordance with European standards, opening up borders, having foreign investors come in, as well as putting in place free trade agreements and investment incentives. Of course, transitional economies traditionally have a lot to offer to foreign investors ...
The private joint stock company is one of the forms of company contemplated by UAE Federal Law No. 2 of 2015 concerning commercial companies (the Companies Law). The UAE Federal Ministry of Economy has now promulgated Ministerial Decision No. 539 of 2017 (the Ministerial Decision) which was issued on 29 May 2017 and is now in force, and expressly abrogates Ministerial Decision No ...
On August 29, 2017, the Mexican Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) grantedCentral de Corretajes(“CENCOR”) a new concession to operate a new stock exchange in Mexico. This new stock exchange will be calledBolsa Institucional de Valores(“BIVA”). It is anticipated that BIVA will initiate operations in early 2018 ...
The July 2017 issue of the Asian Legal Business (ALB) includes a Philippine regional update by SyCipLaw partner Hiyasmin H. Lapitan and associate Jo Margarette W. Remollo entitled, “Guidelines on Related Party Transactions for Insurers in the Philippines”. The article summarizes the Insurance Commission’s compliance guidelines on related party transactions, as set out in Insurance Circular Letter No. 2017-29 ...
The long-awaited draft South African Regulations Relating to the Protection of Personal Information, 2017 (the “draft Regulations”) were published today, 8 September 2017. Direct marketers have been speculating for years about the manner and form that the regulations will take under section 69(2) of the Protection of Personal Information Act, 2013 (“POPI”) ...
Benefit corporation legislation created a new kind of corporation that is required to pursue a social and environmental mission in addition to creating economic benefits for its shareholders. California pioneered the model benefit corporation legislation with its passage in 2011, and Delaware passed its own form of benefit corporation legislation in 2013 ...
In its flagship report entitled Global Economic Prospects released in January, the World Bank observed: “The Philippines is particularly weak with regard to transport and trade-related infrastructure … with particularly low rankings for the quality of its seaports and airports. About one-quarter of the population remains without electricity.” Yet growth in the Philippines is projected to accelerate to 6 ...
As Hurricane Harvey continues to cause far-reaching disruptions, it is important to understand how to effectively assert or respond to assertions of force majeure. This summary outlines the steps to take to assert force majeure, and initial considerations for those who have received several notices of force majeure from counterparties ...
The terms “exhaustion of rights”, “parallel imports” and “grey market goods” come up a lot in the world of trade marks. They generally arise in relation to the fact that a company that has authorised the manufacture and sale of goods under its trade mark can’t use trade mark law to stop the sale of those goods by parties with whom it may have no relationship. This issue tends to come up in the context of international trade ...
The worlds of celebrity and IP intersect with surprising frequency. On the one hand, celebrities such as sportsmen and entertainers can use IP to make themselves even wealthier. On the other hand, celebrities, especially those in fields such as music and film, need to be very aware of the IP rights of others. It’s probably also true to say that the fame and wealth that celebrities enjoy can make them targets for some pretty dodgy IP claims ...
Owners of trade marks in Mozambique should take heed of recent developments in IP rights in the country. While the code governing IP rights in Mozambique does not specifically provide for the cancellation of a trade mark based on non-use, it does require that the proprietor of a registered trade mark file a declaration of intent to use the mark every five years from the date of registation or renewal ...
If we keep writing about it, it’s because it keeps happening. I refer here to trade mark infringement claims that make the news for all the wrong reasons – claims that attract shock and ridicule and evoke support for the person who’s supposed to be the “bad guy”. Interestingly, one of the common terms used by trade mark owners who make these claims is “tarnishment” ...
There’s an interesting trade mark case brewing in Australia, one that has some useful trade mark lessons.Online retail giant Amazon is opposing a trade mark application filed in 2015 by an Australian clothing retailer, Live Clothing, to register the trade mark Glamazon for retail services, including those relating to clothing. On the face of it, this case looks like an absolute “slam-dunk” for Amazon. This case is, however, far from clear ...
On August 11, 2017, the Mexican Securities and Exchange Commission (Comisión Nacional Bancaria y de Valores, the “CNBV”) published amendments to the Mexican Securities Markets Regulations. The amendments cover a number of topics, including: 1. Changes to Disclosures by Issuers ...
From a regulatory and legal point of view, what do Canadian companies need to know about doing business here? The Philippines is a party to several treaties, including a tax treaty that applies to Canadian suppliers that want to sell goods to the Philippines. There are special laws for investors depending on the type of activity they plan to engage in. Manufacturers and companies in the renewable energy sector could be entitled to tax incentives ...
The Protection of Personal Information Act, 2013 (or “POPI” as it has colloquially become known) promotes the protection of personal information by requiring that public and private bodies comply with certain standards when collecting, processing, storing and sharing personal information. While POPI has yet to come into effect, there have been some developments moving it closer to implementation ...
Earlier this year, Executive Order no 13, which aims to strengthen the fight against illegal gambling in the Philippines, was issued. EO No. 13 mandates relevant law enforcement agencies to coordinate on campaigns against illegal gambling, and clarifies the territorial jurisdiction of government authorities that issue licenses for gambling and online gaming facilities ...
SyCipLaw Partners Imelda A. Manguiat and Carina C. Laforteza, Senior Associate Bhong Paulo A. Macasaet, and Associate Maricar G. Ramos contributed the Philippine chapter of Getting the Deal Through: Aviation Finance & Leasing 2017. The chapter addressed pivotal questions about air law and aviation financing and leasing. The scope and rules and regulations of owning, leasing, securing, financing and operating an aircraft were also discussed ...
Introduction. Panama has become a popular destination to immigrate in the region, due to its economic growth and socio-political stability which contrasts with other neighboring countries´ intricate conditions. Within the last decade, multiple infrastructure projects, as well as incentives favorable to establish and operate multinational companies have resulted in an increase of foreign nationals within the country, creating a multi-ethnic and multi-cultural society ...
There are few things more important today than lawyers willing to serve their communities - whether its people of color or immigrants or anyone pursuing freedom of speech, religion or from oppression. We’re living in extraordinary times. The ability to earn a legal education and serve a greater good has rarely been more important than it is today. My law school''s library and classrooms were my home away from home ...
New Way of Claiming Damages for Competition Law Infringements in Croatia News Karanović & Nikolić On the 22nd of July, 2017, the Law on Actions for Damages for Competition Law Infringements came into force in Croatia (the "Law"), implementing the EU Damages Directive ...
The Mauritius Supreme Court, in a decision handed down on 9 August 2017 on the case of Emtel Ltd v The Information and Communication Technologies Authority & Ors, awarded over MUR524-million in damages under article 1382 of the Mauritius Civil Code as a result of the joint “fautes” of the Information and Communication Technologies Authority (the “Authority”), Mauritius Telecom Ltd (“MT”) and Cellplus Mobile Communications Ltd (“Cellplus”) ...
California defamation law continues to evolve as the courts synthesize well-settled legal principles with ever-changing technological realities. On July 21, 2017, California’s First District Court of Appeal issued a published opinion in ZL Technologies v. Does 1-7 (July 21, 2017) 2017 DJ DAR 6999 ...
It is safe to say that BMW protects its trade marks fiercely. As a result, the company has done more than its fair share to shape South African trade mark law. A recent UK trade mark decision involving BMW will therefore be of considerable interest to businesses in South Africa.In a number of cases involving BMW, South African courts have made it very clear that a trade mark registration is only infringed if a third party makes unauthorised “trade mark use” of that trade mark ...
