The first legal issue to consider is whether your company has the power to carry out non-commercial dealings such as making political or charitable donations. The company's constitution should be reviewed to ensure the company is expressly empowered to make such donations. If no express power exists you could consider putting a relevant amendment of the constitution to a shareholders' vote ...
From Land’s End to John O’Groats, roving reporters, tabloid writers and broadsheet columnists, have been riding on the wave of the new freedom of information acts. As a result of the Freedom of Information (Scotland) Act 2002, and its UK counterpart, the Freedom of Information Act 2000, the public now has a statutory right to recorded information held by most public sector bodies. Although the new right only came into force on 1 January 2005, its effect is retrospective ...
&L Goodbody recently represented the Irish Nightclub Industry Association (INIA) and the Irish Hotels Federation (IHF) against Phonographic Performance (Ireland) Limited (PPI) in a case on copyright law which is a landmark judgment not only in Ireland but elsewhere. The INIA and IHF challenged an arbitrator’s award which had set copyright fees payable by nightclubs to Phonographic Performance (Ireland) Limited – “PPI” ...
Introduction Patented inventions are a large source of revenue in the pharmaceutical industry. Ireland's tax exemption in respect of certain patent royalties, has been one of the driving factors behind investment by pharmaceutical multinationals, principally from the US, in the Irish economy. Irish tax legislation provides an exemption from tax for income derived from "qualifying patents" when received by a person resident in Ireland and not resident in any other country ...
When it comes to the patentability of computer-implemented inventions, Europe and the United States have differing and diverse opinions. The United States has a liberal approach to the patentability of computer software and will therefore grant patents for such inventions. Not so in Europe though, where computer programs are patentable only if they make a “technical contribution” to the state of the art ...
On 21 June 2004, the European Community (“EC”) submitted its instrument of accession to the Madrid Protocol to the World Intellectual Property Organisation (“WIPO”). The accession took effect from 1 October 2004.The Madrid Protocol is a treaty that facilitates the international registration of trade marks (“the International Registration System”) ...
ICC Publishes Paper on Internet Governance The Internet Corporation for Assigned Names and Numbers (ICANN), a private sector body based in California, currently operates the allocation of domain names and Internet Protocol addresses on a worldwide basis. At the World Summit on the Information Society in Geneva in December 2003, the issue of transferring ICANN’s role to the United Nations was raised by a number of developing countries ...
The UK press reported recently (August 2004) that an unnamed Lloyds TSB customer, backed by the Lloyds TSB Group Union, has complained to the Information Commissioner (the UK equivalent of the Irish Data Protection Commissioner) in respect of the transfer abroad of “sensitive personal data” 1 held by Lloyds about its customers. The government-appointed information commissioner has been asked to rule on whether Lloyds TSB is acting illegally ...
On 26 October 2004, Lithuanian Parliament adopted the Law on Works Councils which came into effect from 11 November 2004. In this memorandum please find short comments regarding the procedure for formation of national works councils, their role in the enterprise, obligations and additional legal possibilities of employers related to works councils ...
A trademark is any sign which, in the course of trade, can distinguish the goods or services from those of other undertakings. Trademarks are often also used as indications of a certain quality or life style (such as Lancome® trademark represents the luxury cosmetics) or as a marketing tool (such as the IKEA® and VOLVO® marks, which are featured not only on furniture but also on their services) ...
In Denmark, Norway and Sweden, the ownership and rights to intellectual property conceived and put into to practice by researchers employed by the universities have historically rested with the researchers themselves. This system is now rapidly changing to a model more similar to the way in which US universities handle their intellectual property; universities become responsible for stakeholders in such intellectual property ...
Employers often find themselves stuck between a rock and a hard place when trying to manage employees who are pregnant. If the employer gets it wrong, he faces the potential for claims of sex discrimination and the possibility of a finding of automatic unfair dismissal. This can not only tarnish his reputation but hit him hard in the pocket too ...
Ukrainian tax authorities are notorious for their practice of failing to return VAT advance payments on time. This problem appears to be of an economic rather than legal nature and persists due to the constant shortage of budget funds, which are most commonly spent for purposes other than proper VAT rebates. Ultimately, the state is unwilling and often unable to refund VAT in the proper way, and so is continuously credited at the expense of local taxpayers ...
One of the key sectors of the Oil & Gas industry is the extraction of oil, gas and gas condensate hereinafter to be referred as carbohydrates (“CH”). For businesses involved in CH extraction, the two key assets are the extraction licence and the oil or gas well (“CH Well”). This article throws light on light on the legal concept of a CH Well in Ukranian Law and its application to the ownership issue ...
The JIA or the Joint Investment Activity Agreement is a legal document on the basis of which thousands of tones of carbohydrates become privately owned in Ukraine everyday. Presently the JIA Agreement dominates the production of carbohydrates and this situation does not seem to be about to change in the near future. The article goes on to describe various JIA’s ...
Practically everyday new companies in Ukraine are entering international financial markets through attraction of loans from international financial institutions (IFI), placement of Eurobonds, etc. Some of them would certainly soon start thinking of Initial Public Offerings (IPO) and similar instruments. In this overview the author tries to shed light on some very important but rather hidden prerequisites for success in doing so ...
Even if an idea for a new invention only exists in the mind of an employee, that idea belongs to the company…unless the contract of employment clearly states otherwise! The importance of ensuring that contracts of employment cover this area has been brought into sharp focus by a recent case in Texas, where the rules are very similar to those in the UK ...
In The Euromoney Global Insurance Handbook 2004, Delphi & Co worked on the Swedish Ministry of Justice’s bill for a new Insurance Contract Act, which was heavily criticised in Sweden at the time. On May 19, 2004, after more than 10 years of processing, the Swedish Government presented a slightly modified bill for the Swedish Parliament (“the Bill”) ...
This report provides a comprehensive account of the Government’s Public Capital Program and contains a detailed list of contacts responsible for planning and procuring major infrastructure projects. This report aims to inform the reader about the future opportunities which will flow under the Irish Government’s infrastructure investment program ...
This publication includes the latest developments in Trade for the European Union. This issue contains information on takeover bids under company law, abridged registration of pharmaceuticals, fine for cartel of steel producers, free movement of biocides, labeling of foodstuffs, compensation to crime victims and restriction on alcohol advertising for sports events ...
Advertising in Ukraine is regulated mainly by the Advertising Act (the “Act”). Some aspects are also regulated by the TV and Radio Broadcasting Act, Printed Mass Media Act, Protection Against Unfair Competition Act, Copyright and Related Rights Act, Protection of Rights to Trademarks Act, Protection of Consumer Rights, Languages Act and others.The Act has recently become one of the most publicly debated laws in Ukraine ...
by Igor Shevchenko and Michael Kharenko, Shevchenko Didkovskiy & Partners The need for corporate governance regulation evolved as Ukraine gained its independence and began its transformation to a market economy. Privatisation of state companies has led to their reorganisation into joint stock companies with a diverse ownership base ...
1. Introduction With the further globalization of the world financial infrustructure accompanied by the persisting lack of international coordination in fiscal affairs? increasingly the attention of the major developed countries (in particular, such groupings as G 7 and G 10) is turned to the problems of erosion of national tax bases and international tax evasion/avoidance, as well as the role played in it be so-called tax haven ...
International companies can now breathe a sigh of relief following the Court of Appeal’s decision in Serco – v- Lawson which considered the vexed issue of whether Employment Tribunals can hear claims of unfair dismissal notwithstanding the fact that the employee might not work in Great Britain. Section 196 of the Employment Rights Act 1996 used to prevent employees ordinarily working outside Great Britain from complaining of unfair dismissal to an Employment Tribunal ...
