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ENS | June 2014

Many South African businesses are finding it necessary to become acquainted with Chinese trade mark law and practice. One reason for this is that China is a market that many SA companies want to access. This requires them to make sure that they can use their trade marks in China without infringing the rights of other companies. In other words, they need to do trade mark searching ...

ENS | June 2014

Copyright protects a wide range of works. The first of the categories listed in the South African Copyright Act (“the Act”) is ‘literary works’. It is an unhelpful monitor, because literary merit does not come into it at all – the definition in the Act in fact uses the phrase ‘irrespective of literary quality’. The Act goes on to make it clear that works such as reports, tables and compilations are categorised under the term ‘literary works’ ...

ENS | June 2014

A recent US Supreme Court decision highlights a defence that’s raised from time to time in intellectual property (IP) matters, but rarely succeeds. It’s the defence of delay, something that’s referred to by various names, including ‘acquiescence’, ‘estoppel’ and ‘laches’ ...

ENS | June 2014

Members of the Zimbabwe ruling party’s decision making body told Bloomberg in April 2014 that Zimbabwe is considering the reintroduction of the Zimbabwe dollar as it struggles to meet its monthly wage bill. In May Zimbabwe’s Treasury postponed the pay dates for its 230 000 public workers the second time in two consecutive months, after having awarded civil servants a 23% increase in April to honour a 2013 election promise made by President Robert Mugabe and the Zanu PF ...

ENS | June 2014

Prior to the enactment of the Tax Administration Act No ...

ENS | June 2014

South Africa may be missing out on opportunities to attract well known and internationally reputable South Korean engineering and construction companies such as GS E&C, Daewoo, Samsung, and Kumho E&C ...

FISCHER (FBC & Co.) | June 2014

On June 9, 2014, Mr. Moshe Asher, the General Director of the Israeli Tax Authority, announced at the CPA Association Conference that the Israel Tax Authority (the "ITA") will be launching a new voluntary disclosure program enabling taxpayers to report their concealed capital in Israel and abroad (the "new campaign") ...

Haynes and Boone, LLP | June 2014

Many entities choose to incorporate in Delaware as a result of the abundance of case law on corporate matters and the willingness and ability of the Delaware legislature to adapt to changing times. The ATPdecision is a recent example of the Delaware courts and legislature in considering corporate governance changes in response to stockholder litigation.ATP DecisionIn ATP Tour, Inc. v. Deutscher Tennis Bund, No. 534, 2013 (Del ...

Haynes and Boone, LLP | June 2014

The U.S. Supreme Court has ruled that competitors may bring private suits alleging unfair competition under the Lanham Act based on misleading and deceptive food and beverage labels that are regulated by the U.S. Food and Drug Administration (“FDA”), overruling a Ninth Circuit decision ...

In recent years, Nicaragua has experienced sustained economic growth, as a result of a strict management of its fiscal, financial, monetary and exchange policies. Its business-related administrative procedures and laws have contributed to a strong inflow of direct foreign investment, so much that the country intends to exceed this year an amount of 1500 million in investments in sectors such as: power, manufacture, agriculture, tourism and others ...

Shepherd and Wedderburn is particularly pleased to welcome the introduction to the Scottish Parliament of a Bill that will allow businesses and individuals to create effective contracts and finalise agreements and other documents more speedily, having played a central role in its conception, and its content ...

Lavery Lawyers | June 2014

This Need to Know Express is part of a series of newsletters which each answers one or several questions in a practical and concrete way. These bulletins have been or will be published over the next few weeks. In addition, a consolidated version of all the Need to Know Express newsletters published on this topic will be available upon request. These various newsletters, as well as others published on the subject of governance, are or will be available on our website (Lavery ...

Carey | June 2014

In october of 2014, Law No. 20,720 will enter into effect. This act replaces the current bankruptcy law, and creates a new reorganization and liquidation regime for both corporations and natural persons ...

Lavery Lawyers | June 2014

CONTENTS Proposed General Anti-treaty Shopping Rule : Private Investment Funds Will Need to Play it SafeRegistration Requirements of Venture Capital and Private Equity Fund Managers in Canada : A Favourable Regulatory FrameworkBill 1 : New Requiremetns for Public Calls for Tenders     LAVERY: A LEADER IN MONTREAL IN THE PRIVATE EQUITY, VENTURE CAPITAL AND INVESTMENT MANAGEMENT INDUSTRYCreating and setting up private equity and venture capital funds are complex initiati

Karanovic & Partners | June 2014

On 29 May 2014, INTELEKTIV 2014, an international conference on intellectual property was held in Zagreb. The event gathered leading intellectual property experts from Croatia and Europe to discuss their challenges in dealing with the protection of IP rights in business. Public officers, customs officers, state attorneys and SEE enforcement protection officers assembled to create an open platform for open dialogue ...

Lawson Lundell LLP | June 2014

As a firm with deep roots in Western Canada we can assist you in navigating the laws and regulations to establish, acquire or invest in a business operating in the region. Western Canada is among the most robust economic areas of the country with extensive resource activity in energy, mining and forestry. This guide has been prepared by Lawson Lundell as a concise resource outlining certain key relevant laws and regulations that companies should consider when doing business in Canada ...

Kocian Solc Balastik | June 2014

The Lower House of the Parliament of the Czech Republic is considering in the first reading the Supplementary Agreement amending the Social Security Agreement between the Czech Republic and the USA. As soon as it takes force and effect, the Social Security Agreement between the Czech Republic and the USA will also cover health insurance ...

ENS | May 2014

The current transfer pricing provisions contained in section 31 of the Income Tax Act, 58 of 1962 came into effect on 1 April 2012 and are applicable for years of assessment commencing on or after that date ...

Institutional Shareholder Services (“ISS”), a prominent proxy adviser, has issued a report urging Target Corporation’s shareholders to oust seven of the company’s directors for “failure to provide sufficient risk oversight” on cybersecurity. The ISS report is the latest blow to the beleaguered company, which was the victim of a data breach that resulted in the compromise of 40 million credit and debit card numbers ...

As noted in our alert dated May 12, 2014, the National Association of Manufacturers, et al. requested on May 5, 2014 an emergency stay of the conflict minerals rule (the “Rule”) or at a minimum, a delay of the June 2, 2014 filing deadline for Form SD. On May 14, 2014, the United States Court of Appeals for the District of Columbia Circuit (the “Court of Appeals”) denied the request to stay the Rule or the filing deadline ...

ENS | May 2014

‘Respondent does not believe any consumer could reasonably believe the best route to finding Complainant’s goods on the internet is by entering www.fuckcalvinklein.com into a web browser ...

ENS | May 2014

There was a fascinating article on the late Wally Olins (brand guru and co-founder of the firm Wolff Olins) in The Economist recently. The piece brings home just how much Olins’s thinking has shaped trade mark law and practice over recent years. Here are just a few examples:   ‘G.K. Chesterton got it half right: when people stop believing in God, they don’t believe in nothing. They believe in brands ...

ENS | May 2014

Most employers are aware that a travel allowance may be granted to an employee where it is anticipated that the employee will be required to undertake business travel by virtue of the duties of his/her employment and that a travel allowance should not be merely used as a mechanism to reduce an employee’s employees’ tax (“PAYE”) liability ...

ENS | May 2014

VAT vendors who make taxable supplies of goods or services are obliged to issue tax invoices to the recipients of such supplies within 21 days of having made such a supply.   A valid tax invoice is of utmost importance because without such a document a vendor, being the recipient of a supply, is not entitled to claim any input tax deductions in respect of goods or services acquired in the course or furtherance of making taxable supplies ...

ENS | May 2014

It has a long been a principle of company law that the debts of a company are not the debts of its shareholders.  It may be a surprise to some that this principle does not apply to certain tax debts thanks to section 181 of the Tax Administration Act No.28 of 2011 (“section 181”). This section allows shareholders to be held jointly or individually liable for the tax debts of their company. At first glance it seems unfair to punish those who do not manage the day-to-day running of a company ...

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