There’s certainly been a great deal of litigation around the trade mark ClearVu in South Africa – passing-off proceedings before the High Court, an appeal from that judgment to the Supreme Court of Appeal, and proceedings before the Advertising Standards Authority (“ASA”). Now there’s another judgment, one that deals with an opposition to a trade mark application for ClearVu ...
The Philippine chapter of The International Comparative Legal Guide to: Patents 2017 was contributed by SyCipLaw partners Enrique T. Manuel and Vida M. Panganiban-Alindogan. Mr. Manuel heads the firm’s Intellectual Property department. The chapter includes information on patent enforcement, patent amendment, licensing, patent term extension, patent prosecution and opposition, border control measures, Antitrust Law and inequitable conduct, and current developments ...
Financial technologies need specific legal solutions and an open approach to the law. There are lots of indications that financial technology, or FinTech, is one of the next chapters in the digital revolution unrolling before our eyes. The role of finance in the economic life of the society was laid bare by the last financial crisis. The tragic consequences of errors committed on Wall Street, i.e ...
Maria Ostashenko, ALRUD Partner, and Ksenia Erokhina, Senior Attorney, contributed to Comparative legal Guide to Outsourcing 2016. Within collaboration with the publishing house ALRUD specialists have prepared the chapter devoted to outsourcing and its regulation in Russia. The chapter has comprehensiblequestion-answer format ...
Consent to End-of-Life Care Article 11 of the Civil Code of Québec1 states that no one can be made to undergo care without his consent. The Act respecting end-of-life care2 ("the Act"), passed by the National Assembly of Québec, came into force on December 15, 2015. Since that date, a person can give or refuse consent to specific forms of end-of-life care, provided he has given advance medical directives ("AMDs") for that purpose ...
The August 2016 issue of the Asian Legal Business (ALB) Asia Edition includes a regional update by SyCipLaw partner Maria Teresa Mercado-Ferrer entitled “A Need to Clarify Powers of the Philippine Economic Zone Authority and Local Government Units Relative to Peza-Registered BPO Companies”. The regional update can be found on page 15.Read the full ALB August 2016 issue for free ...
The AMC completed revision of its procedural rules on merger notifications. The new Merger Regulation significantly reduces disclosure requirements and simplifies filing forms, especially for mergers with no or limited overlaps ...
Earlier this year, we released our inaugural cyber survey report, Perspectives on Cyber Risk (the Report), intended to provide insight into Australian organisations' cyber risk posture and cyber resilience capability.Perhaps one of the more surprising findings in the Report was that surveyed organisations did not appear to be overly concerned about the risk of regulatory action flowing from a cyber breach ...
Pierre Denis, Étienne Brassard, Benjamin David Gross and Sibylle Ferreira, whose practices focus on business law, financing and aeronautics, contributed to the development of a Q&A guide entitled Aviation finance in Canada: overview and published in the first edition of Practical Law’s Aviation Finance Global Guide ...
Timeline 20 August 2013: The South African National Assembly passes the Protection of Personal Information Bill [B9D of 2009] (“the Bill”) to give effect to the constitutional right to privacy. 19 November 2013: The Bill is signed into law by President Jacob Zuma and gazetted as the Protection of Personal Information Act 4 of 2013 (“POPI”) ...
Over the past year, the broad-based black economic empowerment (“B-BBEE”) landscape in South Africa has been completely overhauled and has become more stringent ...
The decision by the International Trademark Association (“INTA”) to host a major meeting in Cape Town – apparently the first INTA conference to take place on African soil – is highly significant. It certainly says a great deal about the continent's growing economic importance. The conference takes place on 1 – 2 September 2016 and it’s entitled “Building Africa with Brands” ...
On July 27, 2016, the Securities and Insurance Superintendence (“SVS”) issued the general rule 410 (“NCG 410”), which supplements the list of entities that qualify as “institutional investors” according to article 4(e) of the Securities Market Law N°18,045 (“LMV”) ...
Implementation of Prakas on minimum registered capital of banking and financial institutions,Circular № B7-016-117 C.L, dated 16 June 2016This Circular, issued on 16 June 2016, aims at implementing Prakas №B7-016-117 on Minimum Registered Capital of Banking and Financial Institutions (“BFIs”), dated 22 March 2016 (“Prakas №B7-016-117”), in relation to procedures for increasing the minimum registered capital requirements of BFIs ...
On July 25, 2016, China Food and Drug Administration (“CFDA”) published the latest "Measures for the Administration of Drug Registration (revised draft)” (“Latest Revised Draft”) for public comments1 ...
Media outlets have recently been reporting on the possibility that Nikola Tesla Airport will acquire Sava Centar (SC), with the purpose of turning it into its company headquarters. This acquisition would be followed by an investment of over EUR 30 million in the next three years for the building's reconstruction and adaptation ...
On July 1st, 2016 the Pilot Patent Prosecution Highway agreement (PPH) executed by the member states of the Pacific Alliance (Chile, Mexico, Colombia and Peru1) came into force.The PPH Pilot Program is an agreement executed by the patent offices of said countries, which allows applicants to request an accelerated examination process of a patent application ...
Latest news reports from the airline industry show that the European Commission has ended their investigation into the ownership structure of "Air Serbia", reaching a conclusion that Serbia indeed holds management rights over its national air carrier. Furthermore, having in mind their minority stake in Air Serbia, Etihad Airways has thus been enabled to operate according to EU standards in Serbia ...
On June 23rd the United Kingdom (UK)1 decided, by means of a referendum, to exit from the European Union. This decision is known as “Brexit”. According to Art. 50 of the Treaty on European Union, the UK must notify the European Council – which for this purpose represents the EU – of its intention to exit, after which the parties will negotiate an agreement setting out the arrangements of that withdrawal and of the future relationship between the UK and the EU ...
The US Second Circuit Court of Appeals, overturning an earlier court ruling from a lower court, has held that the US Government cannot compel Microsoft to hand over emails stored on a server in Dublin in a narcotics case. The decision is a milestone victory for privacy rights and will be greatly welcomed by US technology companies storing data abroad ...
The Health Care Arbitral Tribunal (Arbitral Tribunal) has pronounced a decision on a dispute between an independent medical specialist and a Medical Specialist Company (MSC) for the first time since the introduction of the comprehensive rates on 1 January 2015. Although neither party has terminated the existing (membership) agreement between them, the Arbitral Tribunal is of the opinion that termination of membership and deregistration of the specialist from the members' register are justified ...
Two recent high-profile cases involving popular songs have placed the spotlight on copyright issues. In the first of these, in California, a Los Angeles jury has decided that Led Zeppelin’s 1971 rock classic Stairway to Heaven did not infringe the copyright in a 1967 song called Spirit by the band Taurus. The case centred on the opening chord sequence in Stairway to Heaven, which the jury concluded was not “intrinsically similar” to the sequence in Spirit ...
A recent European trade mark decision highlights how risky it can be to simply register the word version of a trade mark that is used in a stylised form. The case also highlights an issue that may be worthwhile considering when creating a trade mark – simpler may be cheaper. The decision in question involved a European registration for the trade mark Aunt Bessie’s in ordinary script for a range of foodstuffs ...
