CASE REVIEW The Federal High Court in the recent case of NOBLE DRILLING (NIGERIA) LIMITED V THE NIGERIAN MARITIME ADMINISTRATION AND SAFETY AGENCY (NIMASA) & THE MINISTER OF TRANSPORTATION, (Suit No. FHC/L/CS/78/2008) provides clarity on Sections 2, 5 and 22(5) of the Coastal and Inland Shipping (Cabotage) Act, Cap. C51, Laws of the Federation of Nigeria, 2004 (Cabotage Act) ...
The music, film and broadcast industries look set to get the robust protection from illegal peer-to-peer (P2P) file-sharing they crave, as the Digital Economy Bill moves closer to becoming law. It passed its third reading at the House of Commons on 7 April ...
Google France, Google Inc. -V- Louis Vuitton Malletier and others, European Court of Justice Cases C-236/08, C-237/08 And C-238/08 The European Court of Justice ruled this week that Google did not infringe trademark rights by letting advertisers purchase keywords corresponding to their competitors’ trademarks in Google’s AdWords program ...
Referring to Newsletter Issue No. 12 in relation to the Health Bill, the new Health Law No. 36 of 2009 was finally issued on 13 October 2009. Under the Health Law, mothers must breastfeed their babies exclusively from birth until 6 months old. It is expected that family members, the Government, Regional Governments and communities will support lactating mothers by providing time and space for them to breastfeed their babies in work places and public areas ...
On 19 October 2009, the Minister of Communications and Informatics issued Regulation, No. 42/PER/M.KOMINFO/10/2009, regarding The Procedures for Obtaining a Licence for a Foreign Based Broadcast Company Conducting Activities in Indonesia, as an implementing regulation of Government Regulation No. 49 of 2005 on Foreign Based Broadcast Companies. A foreign based broadcast company is a broadcast company established according to foreign laws and/or having offshore headquarters ...
● New General Merchant Marine Law No ...
Under the Tobacco acT (r.s.Q., c. t-0.01), employers mUst prohibit their employees from smoKing inside their establishments. howeVer, the act is mute on no smoKing oUtside, on the company’s land ...
In our final procurement update of 2009 we report on two important administrative changes: new advertising thresholds, and new OJEU notices. New advertising thresholds published These will apply for two years from 1 January 2010. As predicted, because Sterling has been so weak against the Euro, the Sterling thresholds have actually gone up significantly (meaning slightly fewer contracts will be caught by the full Regulations) ...
by Bryan G. Scott and Elizabeth K. Strickland Few areas of law have proven more dynamic over the last few years than the interplay between state tort laws and the federal regulation of pharmaceutical drugs and medical devices ...
Media organisations and journalists will now need to be more cautious when entering into contracts with third parties for interviews and information, following the decision of the High Court in ACCC v Seven Network. The court held that section 65A of the Trade Practices Act (TPA) will not afford protection to a media organisation against section 52 of the TPA when it engages in chequebook journalism ...
We are increasingly being asked: “Is it more likely that individuals rather than companies will be prosecuted under the new Health and Safety Offences Act 2008?”. The new Act, which came into force in January 2009, did not introduce any further duties on either organisations or individuals, but it did dramatically increase the penalties that can be imposed for breaches of existing health and safety legislation ...
One of the most talked about eHealth initiatives is the introduction of a national electronic health record for all Australians. Having a centralised database of electronic health records will greatly improve access to accurate and up-to-date data by health care workers, including doctors, hospital staff and emergency service providers ...
I. Background The need to amend the Panamanian maritime legislation, amongst others, came as an effort to incorporate long standing practices that had been developed but were not regulated in our national laws, to promote the registration of vessels in our registry by attracting new tonnage and rewarding both loyalty to the flag and compliance with safety standards of vessels already registered in Panama ...
A campaign that ran throughout March has been extended into April, and will focus on refurbishment, repair and maintenance works. Statistics show that more than half of workers who died on construction sites in recent years were working on refurbishment projects ...
Last year, the European Commission initiated an inquiry into the pharmaceutical industry, claiming that there were indications that competition in the industry was not working as well as it should. Although responses to the preliminary report have been rather critical, from both the legal community and the industry itself, there are a few conclusions worth noting ...
Six months on from the implementation of sections 20 and 21 of the Road Safety Act 2006, and occupational road safety remains a significant cause for concern for employers. The Act introduced two new offences of causing death by careless driving and causing death whilst unlicensed, disqualified or uninsured, with offenders finding themselves facing up to five years’ imprisonment for what could be a momentary lapse of concentration ...
A new regulation has been issued by the Minister of Health, namely Regulation of the Ministry of Health No. 1010/MENKES/PER/XI/2008 regarding the Registration of Medicines (“Regulation 1010/2008”). Regulation 1010/2008 revokes previous Ministry of Health Regulation No. 949/Menkes/Per/VI/2000. Under Regulation 1010/2008, a medicine to be distributed in Indonesia must first be registered before a Distribution License (Izin Edar) can be applied for ...
On May 22, 2008, the Supreme Court of Canada rendered its decision in a case involving the notion of reasonable foreseeability in negligence actions. This judgment, written by the Chief Justice, confirms that tort law must compensate harm done on the basis of reasonable foresight, and must not be considered as insurance ...
A new Act which comes into force on 16 January 2009 imposes serious new penalties for directors, employers and employees who are convicted of a health and safety offence. The Bill received Royal Assent on 16 October 2008 and unlike the Corporate Manslaughter and Corporate Homicide Act, this has had a relatively easy journey through the parliamentary stages ...
On 1 July 2008 a new Marketing Practices Act entered into force. The new act implements Directive 2005/29/EC on unfair commercial practices and implies some new aspects for Swedish companies to take into consideration. These include a new way of qualifying commercial practices and the fact that marketing statements can, in the final instance, be subject to assessment by the European Court of Justice ...
In its decision of 10 September 2008, the Market Court held that eight retailers of Volvo and Renault cars in southern Sweden were guilty of fixing sales prices and discounts on new cars, dividing the market for new car sales and fixing acquisition and sales prices on used cars. This behaviour was deemed to constitute such a limitation of competition as is prohibited under Section 6 of the Competition Act and Article 81 of the EC Treaty ...
The US judge who presided over the nation's only successful copyright infringement case for file-sharing by an individual, has declared it a mistrial. He said he had committed a "manifest error" in his instructions to the jury and the award of damages of $222,000 was "unprecedented and oppressive" ...
On April 24, 2008, the Union des Municipalités du Québec announced the launching of the Sustainable Mobility and Transport Policy. This purpose of this initiative is to develop a new culture regarding mobility and transport, reduce dependency on motor vehicles, facilitate access to affordable public transport, decrease energy consumption and reduce environmental impacts, including those related to greenhouse gas emissions ...
