In 2013, the Danish pharmaceutical company Lundbeck, which at the time only held limited secondary patents related to certain antidepressants, was fined EUR 93.7 million by the European Commission for having entered into settlement agreements in 2002 whereby Lundbeck paid generic manufacturers for not challenging its patents. The payments corresponded to the profits that the generic manufacturers could have made if they had successfully entered the market ...
Health care practitioners are seemingly subject to a constantly growing laundry list of regulatory requirements. However, the Ohio General Assembly has reduced the administrative burden on certain professionals seeking licensure in multiple states through the enactment of interstate license compact legislation ...
The built environment contributes 20% of the nation's greenhouse gas emissions, making it a key player in tackling the ambitious challenges we face on the journey to a low or net zero society. How we heat (and cool) our buildings is a crucial element in reducing carbon emissions. But there is no single answer that will deliver the required emissions reductions to achieve government targets ...
Since our 4 July inBrief on the UAE permitting 100 per cent foreign ownership for certain activities, there have been some significant developments which we will discuss below. List of Strategic Impact Activities The UAE Cabinet has now issued a list of strategic impact activities and the rules for licensing companies that engage in any of the listed strategic impact activities ...
Directors have a fiduciary duty to their companies as they hold positions of trust and confidence and as a result, have an obligation to act in good faith and in the company’s best interests. Ghana’s new Companies Act (Act 992) introduces provisions concerning amongst others, the requirement for Directors to deal transparently while handling transactions, and their obligations when managing conflict-of-interest situations ...
Canadian Patent Practice has undergone several changes in recent years, in many cases to fulfill the requirements of various international treaties / agreements, including those of the Patent Law Treaty (PLT) and the Comprehensive Economic and Trade Agreement (CETA) ...
The question of insurers’ duty to defend is back in the spotlight. On March 18, 2021, the Superior Court once again considered the issue in its application of the law to facts relevant to the dispute.1 Facts In April 2016, Cégerco Inc. (“Cégerco”), a general contractor, retained the services of Construction Placo Inc ...
The UAE has introduced new administrative sanctions on all entities that fail to comply with the requirements of Cabinet Decision 58 of 2020 concerning the Regulation of Real Beneficiary Procedures (Decision 58 of 2020). Issued on 23 May 2021, Cabinet Decision 53 of 2021 (Decision 53 of 2021) empowers the Ministry of Economy and the relevant licensing authorities in the UAE to administer various penalties on violators of Decision 58 of 2020 ...
Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers ...
On Friday, July 9, 2021, President Joe Biden signed an executive order directing various federal agencies to implement 72 specific actions intended broadly to increase competition in the American economy. The executive order is intended to impact a wide range of economic activity, including mergers and acquisitions, occupational licensing, anticompetitive behavior, and prices of medical devices and prescription drugs ...
COVID-19 came upon us all like a tsunami, leveling life as we knew it and causing an entirely new paradigm of behavior to be necessary. No segment of the population was hit harder than seniors, both in our communities and in senior care facilities. Long-term care facilities were on the frontlines of the battle, being one of the first industries to be required to wholly alter traditional behaviors to try to stop the inevitable spread of this deadly virus ...
Holding companies to account: criticism of the current criminal framework Over time and bit by bit the UK’s approach to corporate criminal liability is being narrowed. The issue has long been debated with many commentators agreeing that the current criminal legal framework is far from satisfactory at holding corporate organisations to account for instances of criminality when those crimes are committed on behalf of, or in the name of, the company ...
On 10 July 2021, the Office of the Central Cyberspace Affairs Commission and the Office of Cybersecurity Review under the Cyberspace Administration of China (“CAC”) promulgated the Measures for Cybersecurity Review (the “Review Measures”) (Revised Draft for Comments) (the “Draft”) ...
Did you know? The Chinese National Intellectual Property Administration (CNIPA) recently revised the Examination Guidelines for software patents including artificial intelligence (AI), big data and blockchain. Why does this matter to you? These new Examination Guidelines provide much needed clarity as to the boundaries of patentable subject matter in China ...
Contents Please click on the links below to jump to the relevant section: Legislation Relevant entities Relevant activities Tax residence requirements Guidance General requirements Directed and managed Core-income generating activities (CIGA) Premises Employees and personnel Expenditure Enhanced requirements Reduced requirements Outsourcing Enforcement authorities Reporting formalities Demonstrating compliance Penalties Recent developments Legal framework Legisl
Contents Please click on the links below to jump to the relevant section: Legislation Relevant entities Relevant activities Tax residence requirements Guidance General requirements Directed and managed Core-income generating activities (CIGA) Premises Employees and personnel Expenditure Enhanced requirements Reduced requirements Outsourcing Enforcement authorities Reporting formalities Demonstrating compliance Penalties Recent developments Legal framework Legisl
Until now, hospital licensure was absent from Ohio’s regulatory scheme. However, Ohio’s final budget bill, which became effective on July 1, 2021, introduced a new hospital licensure system.[1] Under the final bill, Ohio hospitals have three years to become licensed by the Ohio Department of Health (the Department) ...
A lot has been written about the Scottish case where William Grant sued the budget supermarket chain Lidl for trade mark infringement. The issue Lidl is selling a gin that one imagines was intended to look rather a lot like the well-established Hendricks gin. This Lidl gin is called Hampstead, although the similarity between the two products relates as much to get-up as to the (surely not coincidental) choice by Lidl of a nine-letter name that starts with the letter H ...
B.C.’s Provincial Health Officer, Dr. Bonnie Henry,[1] and the Public Health Agency of Canada,[2] have recommended that individuals who are not fully vaccinated[3] continue wearing masks in indoor public spaces. At the same time, public authorities are providing little to no guidance on how or when businesses can continue mask requirements ...
In the second entry of this three-part article series, we share with you the next set of intellectual property (IP) –related mistakes (mistakes # 6 to # 9) that we regularly see with startups. We hope you will find it useful for your business. Please be sure to read our first entry in this series, where we go over mistakes # 1 to # 5 ...
Complementary Law No. 182 was sanctioned on June 01, 2021, with the goal of improving the business environment and increasing the investment in entrepreneurship and innovation through the modernization of rules and enhancement of legal certainty and freedom of contract. Complementary Law No ...
From 1st July 2021, the brand-new national product traceability system in Russia will become mandatory in addition to the already existing Chestny ZNAK. The new system provides for reporting of data on turnover of the selected consumer products directly to the local tax authorities. The system will significantly affect the businesses of the concerned local companies and counterparties of the foreign suppliers ...
For the past 25 years, Peru has been undergoing comprehensive economic growth, followed by a modernization and development process, which includes the establishment of a reliable legal framework geared towards maintaining the stability required to promote private sector activity and investment. This continuous growth has been the best incentive to attract substantial foreign investment in various industries ...
In many aspects, the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”) has posed considerable challenges to organizations. One of the biggest concerns and the most frequently asked questions center around the concept of data protection officer (“DPO”). Though the obligations regarding the appointment of a DPO apply to both data controllers and data processors, it is important to note that not every organization needs a DPO ...