The regulation governing contracts of public bodiesleaps into the digital age. The amendments, passed on April 13, 2016, and coming into force June 1, 2016, aim to clarify the rules pertaining to the results evaluation.1Five key changesTenders in electronic form are mandatory if so required in the tender documents ?> change of computer systems will be needed to ensure the integrity of the signatures and tenders ...
Six years after Oracle first accused Google’s popular Android platform of infringing Oracle’s copyrights in Java application programming interfaces (“APIs”), a Northern District of California jury has found that Google’s copying constituted fair use. Oracle was seeking $8.8 billion in damages for the alleged infringement ...
In an opinion that will make vacating arbitration awards even more challenging, the Texas Supreme Court unanimously held that the Texas Arbitration Act (“TAA”) sets out the exclusive grounds for vacating arbitration awards arising from agreements governed by that statute, and that common law vacatur grounds are no longer viable. Hoskins v. Hoskins, No. 15-0046, --- S.W.3d --- (Tex. May 20, 2016). Read the full alert ...
Plaintiffs frequently bring class action claims for alleged statutory violations for which Congress has provided private rights of action and statutory damages. In many of these instances, plaintiffs do not allege any specific, tangible harm (such as monetary loss), but claim that the violation of these so-called “statutory rights” by itself constitutes injury-in-fact sufficient to satisfy standing requirements. This week, the Supreme Court held in Spokeo v ...
On 17 May 2016, the Competition Commission (the “Commission”) held a press conference to update all stakeholders on the Grocery Retail Market Inquiry (the “Inquiry”). The press conference introduced the Inquiry Panel (the “Panel”) and provided an opportunity for stakeholders in attendance to ask any questions to assist in clarifying the purpose of the Inquiry and what can be expected during the process. A summary of the press conference is set out below ...
A lifelong right to live in a house owned by someone else is referred to as a right to habitation. Once this right is registered in the Deeds Office, it is enforceable against everyone, including the registered owner of the immovable property (“property”).This position was confirmed in the recent Supreme Court of Appeal case of Hendriks v Hendriks and Others (case no ...
Dear All! We would like to update you of recent strategic directions report released by the Russian Data Protection Authority (‘Roscomnadzor’) in connection with 10th anniversary of the Russian Law on Personal Data (Federal Law No.152-FZ dd. 27 July 2006). General background The report was released and presented by the Roscomnadzor’s officials at the end of March during press conference for the media ...
ENSafrica successfully represented Virgin Active in a South African Advertising Standards Authority (“ASA”) matter, regarding a Virgin Active TV advertisement that used the expression “get off your ass”. The case in question is S Jack & others v Virgin Active South Africa (Pty) Ltd, and the ruling was handed down on 26 February 2016. The point of the advertisement was to persuade people to start working out at Virgin Active gyms ...
A recent Australian decision on keyword usage of a registered trade mark is in line with decisions in many other countries, including South Africa. The facts in the case of Veda Advantage Limited v Malouf Group Enterprises (Pty) Ltd (2016) FCA 255 were straightforward. Veda is a company that compiles credit reports and has trade mark registrations for the trade mark Veda in class 36 for financial services. Malouf is a company that helps people remove their negative credit ratings ...
A recent South African court ruling dealing with one company’s use of another’s trade mark on an aggregator website has attracted some interest. The case in question is Car Find (Pty) Ltd v Car Trader (Pty) Ltd and Others (South Gauteng High Court, Judge van Oosten, 12 February 2016) ...
With the advent of the Construction Regulations, 2014 (the “regulations”), which are binding in terms of the Occupational Health and Safety Act, 1993 (“OHASA”), additional duties are now placed on the “client” that did not exist under the previous regulatory regime. For example, the client now assumes the duty to prepare a baseline risk assessment for a construction work project and, depending on the factual circumstances, to apply for a construction work permit ...
One of the biggest news reports in the region last week was the acquisition ofPorto Montenegro, the luxury yacht marina located in Tivat, by the View More
1 Which legislation sets out the regulatory framework for the marketing, authorisation and pricing of pharmaceutical products, including generic drugs? Which bodies are entrusted with enforcing these rules? The relevant legislation includes the following: • Law on Medicines 1996;
On Friday, April 27, 2016, a panel of the United States Court of Appeals for the Federal Circuit declined to reevaluate the venue rules for patent litigation. In a closely watched case titled In re: TC Heartland LLC, petitioner TC Heartland requested that the Federal Circuit reshape patent litigation venue rules, and largely eliminate the ability of patent owners to file suit in popular venues like the Eastern District of Texas ...
The United States Supreme Court agreed on Monday, May 2, 2016 to hear argument on what one party called “the single most vexing, unresolved question in all of copyright”—determining when a feature of a “useful article” like clothing is eligible for copyright protection ...
The May 2016 issue of the International Financial Law Review (IFLR) included an international briefing article entitled “PPPs and the election ban.” The article was contributed by SyCipLaw partner Aaron Roi B. Riturban.Read the article online at the IFLR website ...
Recently, the Texas Supreme Court issued two very important decisions on First Amendment law that could have a broad impact on media companies doing business in Texas. Both cases evolved from defamation claims filed by Salem Abraham, a school board member in Canadian, Texas. Read the full alert ...
On April 19, 2016 Association of European Business (hereinafter – “AEB”) and the Russian Federal Antimonopoly Service (hereinafter – the “FAS”) presented the Code of Good Practice in the Pharmaceuticals Industry (hereinafter – the “Code”). The full text of the Code (both in Russian and English) is available at the official web-site of the antimonopoly authority (http://fas.gov.ru/documents/documentdetails.html?id=14513). Below is short outline of the Code. 1 ...
On April 18, the Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services issued revised guidance regarding exclusions imposed under section 1128(b)(7) of the Social Security Act ...
Following onrecent newsregarding the mutual desire of both sides to improve the commercial relations between Slovenia and Serbia, there are now additional reports to substantiate these claims ...
On 30 March 2016, a new Industrial Property Code (the “Code”) came into force in Mozambique. We draw your attention to the following noteworthy changes brought about by the Code: · The deadline for invalidating IP rights on the basis of prior conflicting rights has been shortened from one year to 90 days, calculated from the publication of the initial decision of the Industrial Property Institute (“IPI”) granting the IP right ...
A Chinese court recently ordered a Chinese company that had blatantly infringed one of the world’s better known trade marks to pay significant damages to the trade mark owner. African companies that have heeded their lawyers’ advice and registered their trade marks in China should take heart from this. The facts in this case are simple. The 3M Company has two Chinese trade mark registrations for the trade mark 3M ...
A recent European case in which Adidas successfully objected to a two-stripe device trade mark for footwear is interesting for us in Africa. For starters, it’s a welcome respite from the almost endless stream of bad news that we get from up north regarding non-traditional trade marks – shape trade marks seem to be having a particularly hard time at the moment ...
