The new Immigration Bill was passed by the Indonesian Parliament on 7 April 2011. It will pass into law on the day it is signed by the President or within 30 days of its passage, whichever occurs earlier.The bill covers a range of basic matters relating to immigration, including entry to and exit from the Indonesian territory, travel documents, visas, stay permits, etc ...
Are donations of counterfeit goods to charities socially acceptable? - Despite calls for seized counterfeit goods to be donated to charity, a number of conditions should be met in order to protect both IP rights holders and those receiving the goods Nobody would dispute that in today’s world, the social and environmental impacts of our actions must be taken into consideration whenever we make a decision ...
On April 4, 2011, the U.S. Patent and Trademark Office (USPTO) issued a Final Rule implementing the prioritized examination track (“Track I”) of its new examination timing control procedures.1 Under Track I, patent applicants can accelerate examination of certain patent applications that are filed on or after May 4, 2011 ...
The USPTO has declared that the aftermath of the March 11, 2011 earthquake and tsunami in Japan constitutes an “extraordinary situation” under 37 C.F.R. §§ 1.183 and 2.146 that justifies certain measures of relief from patent regulations. While the PTO cannot declare this extraordinary situation a “postal emergency” to grant stronger relief, it has elected to recognize the difficulties of its innovation customers in the affected areas of Japan ...
It's that time of year when municipalities send out tax accounts to their citizens. In certain cases, they may contain a very unpleasant surprise. For citizens living in municipalities whose property assessments are for the years 2010 to 2012, now is the time to do some double-checking ...
In a recent decision of the court of appeal, the Honourable Pierre J. Dalphone confirmed that a secured creditor may ust its debt to acquire the assets which are charged with its security interests in the context of a sale process monitored by the court under the companies creditors arrangement act (CCAA) background. White Birch Paper Inc. and several of its subsidiaries (collectively, the “White Birch Group”February 24, 2010)obtained an initial order under the CCAA ...
A ‘Battle of the Forms’ commonly arises where each of the parties, in the course of the negotiation process, forwards to the other its own standard form of contract, with the aim of getting the other party to adopt such terms and conditions. The question as to which set of terms and conditions constitute the contract often depends on the ‘last shot’ – that is, which form of contract was the one last ‘fired’ to the counter-party ...
On January 18, 2011, the West Virginia Supreme Court of Appeal decided State ex rel. West Virginia Citizens Action Group, et al. v. Earl Ray Tomblin, et al., Docket No. 101494. In this case, the Citizens Action Group and others were seeking an order from the court to compel Earl Ray Tomblin, et al ...
THE FACTS OF THE CASEThe case has as its backdrop a family tragedy. On the morning of April 22, 2002, Martin Brossard went to the residence of his former spouse, Liliane de Montigny. Following a sequence of events, the order of which could not be determined from the evidence, he strangled his spouse and drowned their two children, Claudia and Béatrice, in the bathtub of the residence ...
Late on Friday, November 19, 2010, the Wall Street Journal reported that federal prosecutors, the FBI and the SEC are in the final stages of an unprecedented three-year investigation into insider trading by consultants, investment bankers, hedge fund and mutual fund traders, and analysts.1 The SEC has already subpoenaed more than thirty hedge funds and investors, and some civil or criminal charges may be brought before the end of the year ...
KSB partner Martin Šolc, who specializes in advisory on transactions in the field of mergers and acquisitions, has also been performing professional activities for a long time with the International Bar Association (IBA), a leading organization of international legal practitioners, bar associations and law societies, bringing together more than forty thousand attorneys and one hundred and ninety-seven chambers of attorneys on all continents ...
On April 28, 2005, the Chambre des notaires du Québec filed a petition to declare unconstitutional and of no force and effect requirements issued by the Canada Revenue Agency (CRA) under sections 231.2 and 231.7 as well as subsection 5 of section 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (ITA) to obtain documents or information prima facie protected by professional secrecy ...
Recent Federal Circuit Decision on Section viii Carve Outs and Inducement By C. Kyle Musgrove, Partner On November 1, 2010, a divided 2-1 panel of the Federal Circuit issued a decision in AstraZeneca LP v. Apotex, Inc. that addresses inducement of infringement in the context of a Section viii "carve out" under 21 U.S.C. § 355(j)(2)(A)(viii) and 21 C.F.R. § 314.92(a)(1) ...
ON SEPTEMBER 23, 2010, THE SUPREME COURT OF CANADA ISSUED AN UNANIMOUS JUDGMENT IN THE CASE OF PROGRESSIVE HOMES LTD. V. LOMBARD GENERAL INSURANCE CO. OF CANADA(1) , REVERSING TWO LOWER COURT JUDGMENTS OF BRITISH COLUMBIA WHICH HAD CONCLUDED THAT THE INSURER, LOMBARD, HAD NO DUTY TO DEFEND THE GENERAL CONTRACTOR PROGRESSIVE HOMES, AGAINST A CLAIM FOR DEFECTS AND DAMAGES CAUSED BY WATER INFILTRATION IN FOUR BUILDINGS BUILT BY IT ...
On August 25th, the Court of Appeal, for the reasons of Justice Nicholas Kasirer(1), rendered a significant decision(2) with regard to the duty of care required from ski instructors and the assessment of damages awarded to a victim who developed a serious neurological disorder resulting from a ski accident.In their capacity as tutors of their child (referred to as “X” in the judgment), as well as in their personal capacity, Plaintiffs claimed damages for approximately $3 ...
Damage Insurance - Lavery, de Billy, L.L.P. - Canada Hidden Defect, Reduction in the Purchase Price and Liability Insurance Coverage On June 2, 2010, the Quebec Court of Appeal confirmed the Superior Court’s decision (per Justice Gill es Hébert), which dismissed the insured’s action in warranty against his liability insurer under his home owner’s policy ...
Spotlight on Corporate Governance One of the impacts of the global financial crisis on the United Arab Emirates (UAE) has been an increased spotlight on corporate governance standards in the UAE. The Ministry of Economy published Ministerial Resolution No. 518 of 2009 (MR 518) which provides for enhanced corporate governance rules and discipline standards for UAE Public Joint Stock Companies (PJSC) ...
The Quebec Court of Appeal confirmed the Superior Court’s decision, which dismissed the insured’s action in warranty against his liability insurer under his home owner’s policy. The insured alleged that the purchasers’ claim for reducing the purchase price due to a hidden defect was covered under the liability insurance policy. The Facts In April 2005, Plaintiffs, Bérubé and Marcil, purchased Johnston’s residence ...
On June 2, 2010, the Quebec Court of Appeal confirmed the Superior Court’s decision (per Justice Gill es Hébert), which dismissed the insured’s action in warranty against his liability insurer under his home owner’s policy. The insured all eged that the purchasers’ cl aim for reducing the purchase price due to a hidden defect was covered under the liability insurance policy.(1)THE FACTSIn April 2005, Plaintiffs, Bérubé and Marcil, purchased Johnston’s residence ...
Most patent applicants can now accelerate the examination of a select number of patent applications in exchange for abandoning an equal number of unexamined, pending applications, according to an announcement issued by the U.S. Patent and Trademark Office (“PTO”) on June 24, 2010 ...
The United States Patent and Trademark Office (“USPTO”) is seeking public comment on a proposed three-track patent examination initiative that would provide applicants with greater control over the speed at which their applications are examined. The proposed initiative aims to reduce overall pendency of patent applications by providing applicants with alternative timing systems for the examination of their patent applications ...
IN FEBRUARY AND MARCH 2010, THE SUPERIOR COURT RENDERED TWO INTERESTING DECISIONS IN CASES INVOLVING FIRES. WE WILL REVIEW THESE DECISIONS , WHICH HAVE A NUMBER OF FEATURES IN COMMON, INCLUDING THE CONSIDERABLE SUMS OF MONEY AT STAKE, THE LENGTHY TIME PERIOD BETWEEN THE LOSS AND THE TRIAL, AND THE NUMBER OF PERSONS INVOLVED IN THE CONDUCT OF EACH CASE.THE GOODFELLOW CASE: “THE DORMANT FIRE ”On August 22, 1998, a major fire broke out in Goodfellow Inc ...
“Therein the patient must minister to himself” (Macbeth, Act 5, Scene 3) With only seven days to go before the expiry on 1 April 2010 of the previous insurance block exemption, the European Commission adopted a new exemption, albeit in very much reduced form ...
The U.S. Court of Appeals for the Federal Circuit, which hears all U.S. patent infringement appeals, issued an order on April 26, 2010 requesting briefs from the parties in Therasense, Inc. v. Becton, Dickinson, and Co. (appeal no. 2008-1511) to consider en banc the standards by which courts should find “inequitable conduct ...
The U.S. Court of Appeals for the Federal Circuit, which hears all U.S. patent infringement appeals, issued an order on April 26, 2010 requesting briefs from the parties in Therasense, Inc. v. Becton, Dickinson, and Co. (appeal no. 2008-1511) to consider en banc the standards by which courts should find “inequitable conduct ...
