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Haynes and Boone, LLP | April 2018

View the PDF version of the April 2018 IP Beacon. Are Works Generated by AI Subject to IP Protection? When Philip Dick wrote the 1968 novel "Do Androids Dream of Electric Sheep?," the inspiration for the 1982 film "Blade Runner," artificial intelligence was more fiction than science. Fifty years later, theHarvard Business Reviewpredicts that AI will be the single biggest technological development of our era, as transformative as the steam engine or electricity ...

COBALT | April 2018

“Belarus will become the first government in the world that opens wide opportunities for the use of blockchain technology”, said in a statement on the official website of the President of Belarus. Alexander Lukashenko, who signed the new law of the land, believes that his county “has every chance of becoming a regional center in this area.” The Presidential Decree of the Republic of Belarus No ...

Afridi & Angell | April 2018

UAE Federal Law 20 of 2016 (Regarding the Pledge of Movables as Security for a Debt) (the Pledge Law) introduced a new regime for registering a pledge over moveable assets which are pledged as security for the repayment of a debt. We reported on this law in our inBrief of January 2017, New UAE Pledge Law Over Moveable Assets, and our Legal Alert of 19 February 2018, The New UAE Pledge Law – Security Registration ...

Hanson Bridgett LLP | April 2018

When a half-mile from the nearest body of water, must you obtain a federal permit when discharging treated wastewater to groundwater? According to a recent Ninth Circuit decision, the answer may be yes.[1] This alarmed many because the Clean Water Act regulates discharges to navigable waters from "point sources" like pipes or ditches ...

ENS | April 2018

The South African Department of Trade and Industry (“DTI”) recently published certain draft amendments to the Broad-Based Black Economic Empowerment Codes (“B-BBEE Codes”)  for public comment. The proposed changes appear to signify the government’s drive to achieve more black ownership and control in South African business ...

Dykema | April 2018

In 2017, the Cayman Islands passed the Data Protection Law (“DPL”), which reads much like the upcoming European Union General Data Protection Regulation (“GDPR”) that goes into effect Mary 25, 2018. The DPL applies to entities falling within the definition of “data controller” who are established in the Islands or who process data in the Islands. The DPL divides data into two categories, personal data and sensitive data ...

Lavery Lawyers | April 2018

Technologies based on blockchains and AI imply a considerable change for our society. Being that the security of data exchanged is vital, companies must begin adopting a long-term approach right now. Many businesses develop services based on blockchains, in particular in the financial services sector. Cryptocurrencies, one example of blockchain use, transform the way in which some monetary transactions are made, far from the oversight of financial institutions and governments ...

Dykema | April 2018

In light of the increasing significance of cybersecurity incidents, the Securities and Exchange Commission (SEC) recently found it necessary to provide further guidance with respect to cybersecurity disclosure requirements under the federal securities laws as they apply to public operating companies ...

Dinsmore & Shohl LLP | April 2018

In a rare move, the president of the United States effectuated the termination of a proposed hostile takeover of Qualcomm (NASDAQ: QCOM) by Broadcom Limited (NASDAQ: AVGO) over national security concerns ...

Speaking of compliance with tax obligations comes to our mind the duty to pay taxes (noun) as the Tax on the Transfer of Goods and Provision of Services (VAT) or Income Tax (ISR), which undoubtedly It is true; but equally certain it is that with the payment obligation exists another set of obligations formal or adjective. In this dual context of formal and substantive tax obligations, is of great relevance filing tax returns ...

A&L Goodbody LLP | April 2018

The Report of the Financial Services Ombudsman (FSO) was issued earlier this year. As always, it contains interesting insights on trends and outcomes in FSO complaints. Complaints Received The FSO received 4,538 eligible complaints in 2017, broadly similar to the number in 2016. The FSO closed 3867 complaints during 2017 compared to 4,323 in 2016 ...

Haynes and Boone, LLP | April 2018

Last month, Alabama and South Dakota became the latest states to enact data breach notification laws. All 50 states now have such laws, but the laws and companies’ obligations thereunder vary widely from state to state. The Alabama and South Dakota laws—described in detail in the chart linked below—are similar to the laws of other states, but each have a few important features to be aware of ...

ENS | April 2018

Artificial intelligence (“AI”) is big news at the moment, so it’s no surprise that lawyers are considering the IP issues relating to AI. Some of the implications are really quite profound. In this article, I will discuss some of the copyright and trade mark implications. The copyright issues of AI have been discussed by a number of people ...

ENS | April 2018

Two recent European IP decisions are a welcome reminder of that much-overlooked area of IP law: registered designs. If patent protection is primarily about functionality, design protection is primarily about product appearance (more on this later). These European cases are worth discussing because there are very few court decisions on registered designs in South Africa. They are also worth discussing because they highlight two fundamental aspects of design law ...

ENS | April 2018

This is a story of the age, a story of a character that became a global sensation thanks to the internet. The story is also about the creator of that character, who had the foresight to understand that the character might well become a valuable marketing property and took steps to legally protect the character (its name and image) through IP law, particularly trade mark and copyright law, thus creating “the IP rights” and making the creator “the IP owner” ...

ENS | April 2018

BackgroundThe Bank of Uganda recently released the Financial Institutions (Islamic Banking) Regulations (the “Regulations”), which were gazetted on 2 February 2018. The Regulations seek to operationalise Islamic banking in the country, which was introduced by The Financial Institutions (Amendment) Act, 2016 as part of its wider efforts to boost financial inclusion ...

TSMP Law Corporation | April 2018

Population growth has become the be-all and end-all for economic prosperity, but how on Earth can we cope with the extra billions of people? While “leafing” – or should I instead say “scrolling” in today’s need to sound tech savvy – through the news websites, the two subjects seemed to have captured the media’s attention: immigration and plastic ...

H.B. 4270 Passed - March 10, 2018 Signed by Governor - March 27, 2018 Effective - June 8, 2018   The Information Reporting and Payments to Owners bill (H.B. 4270) is a companion bill to the Cotenancy Modernization bill ...

The 2018 West Virginia legislative session was a busy one regarding consumer finance law. Legislators focused on the West Virginia Consumer Credit and Protection Act and the West Virginia Safe Mortgage Licensing Act. The West Virginia Legislature passed at least three bills this past session that affect consumers or financial transactions ...

ENS | March 2018

Introduction The Ugandan Collective Investment Schemes (Real Estate Investment Trusts) Regulations, 2017 (the “REIT Regulations”) are the latest initiative by the Capital Markets Authority (the “CMA”) in Uganda ...

Karanovic & Partners | March 2018

Patricia Gannon, founding partner at Karanović & Nikolić, was recently appointed Chair of the European Forum at theInternational Bar Association ...

Arendt & Medernach | March 2018

Discover Luxembourg's space adventure and the challenges the space industry will face in the next decade. Arendt & Medernach, the leading law firm in Luxembourg, continuously supported the space and satellite industries and have developed the firm’s expertise and experience in these domains. We are now really looking forward to helping other businesses on their journeys into space ...

Haynes and Boone, LLP | March 2018

Yesterday, the Supreme Court issued a much-anticipated ruling that carries important implications for securities class action litigation, now making it easier for plaintiffs to pursue public offering claims in state courts. InCyan, Inc. v. Beaver County Employees Retirement Fund, 583 U.S ...

ENS | March 2018

Following an extensive consultation process over a two-year period with relevant stakeholders in the project finance market, the South African Registrar of Securities Services (the “Registrar”) has announced that the Johannesburg Stock Exchange (“JSE”) Debt Listings Requirements (“DLRs”) have been amended with effect from 1 March 2018 to include a new section 10, which will now specifically cater for so-called “project bonds” ...

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