In Kabab-Ji SAL v Kout Food Group, the UK Supreme Court recently considered the question of which system of law the English courts must apply to decide whether there is an enforceable arbitration agreement. This case illustrates the different approaches taken in determining questions of applicable law and the consequences this can have for both annulment and enforcement proceedings in different countries ...
In a major change for arbitration in Dubai, the DIFC-LCIA Arbitration Centre has been abolished. On 14 September 2021, Decree No. 34 of 2021 (Decree No. 34) was issued by Mohammed bin Rashed Al-Maktoom, Ruler of Dubai. It not only dissolves the Dubai International Financial Centre Arbitration Institution (DIFC-LCIA Arbitration Centre), but also the Emirates Maritime Arbitration Centre (EMAC) ...
China International Economic and Trade Arbitration Commission (CIETAC), the largest arbitration commission in China, recently surprised the international arbitration community by prohibiting its two sub-commissions in Shanghai and Shenzhen to accept any further arbitration applications or otherwise to act in the name of CIETAC, just shortly after the new CIETAC Arbitration Rules have entered into effect on 1. May 2012 ...
Internal investigations conducted by enterprises in-house when irregularities are suspected offer many advantages to businesses compared to initiatives undertaken by public law enforcement authorities ...
On July 13, 2023, the Cyberspace Administration of China ("CAC"), together with the National Development and Reform Commission, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the National Radio and Television Administration issued the Interim Measures for Generative Artificial Intelligence Services (the "Interim Measures"), which will come into effect on August 15, 2023 ...
Until recently, employer matching contributions under qualified plans were required to be conditioned solely upon employee contributions made to the plan. However, one of the many changes enacted by the Consolidated Appropriations Act, 2023, Pub. L. 117-328 (“SECURE 2.0”) enabled certain qualified plans to condition employer matching contributions on employees’ qualified student loan repayments, effective for plan years beginning in 2024 ...
In the latest in a series of legal challenges around internet keywords and particularly the Google AdWords system, the special adviser to the Court of Justice of the European Union, Advocate General Jaaskinen, has issued his opinion ...
The Taxation Laws Amendment Act of 2015 (“Amendment Act”) was promulgated on 8 January 2016 and contains a number of legislative changes to the Income Tax Act, 58 of 1962 (“the Act”). The Amendment Act contains some long awaited amendments to the provisions which regulate the interest withholding tax (“IWT”). This article examines two of the more important changes which should be borne in mind by parties affected by the IWT ...
Issuers, borrowers and banks should be cautious when making, waiving or delaying interest rate increases to tax-exempt obligations (bonds) resulting from the reduction in corporate marginal tax rates following the December 2017 Tax Act (the Tax Act) because the tax exemption on the interest could be jeopardized unless certain steps are taken. Issuers and borrowers may be contacted by banks that have purchased their bonds to discuss an increase in the interest rate on those bonds ...
Given the increased number of local COVID-19 cases in Malaysia, the Malaysian Government issued a Movement Control Order ("Order") which takes effect between 18 March 2020 to 31 March 2020. The Order imposes on all government and private sector business premises to be shut down for the duration of the Order and only businesses which carry out certain essential services are able to continue to function ...
David Hume, the 18th century Scottish philosopher, argued that we cannot be certain the sun will rise tomorrow. Over the past nine-months David Hume has never seemed more right. It has been a tough period, professionally and personally for people from all walks of life, and for businesses from nearly every sector. But, while there has been adversity, there have been many rays of sunlight and causes for optimism ...
On March 15, 2020, the U.S. Patent and Trademark Office announced its offices will be closed to the public until further notice, "out of an abundance of caution for the health and safety of the public and USPTO employees." The closure began Monday, March 16, 2020 until further notice. Offices remain open for employees, contractors, and those with access badges. Unless otherwise notified, USPTO operations will continue without interruption ...
CONGRESS PASSES TRADEMARK MODERNIZATION ACT LEGISLATION In December 2020, the U.S. Congress took action that will have a significant effect on brand holders. At the end of the year, Congress passed the Trademark Modernization Act (“TMA”) that, inter alia, provides additional tools to the USPTO to respond to the rise in improper behavior in trademark filings including filing fraudulent claims of use ...
Intellectual property disputes can have staggering financial implications for businesses. One of the most notable examples is the IP battle between Samsung and Apple, which transcended borders and delved into the intricate details of design and utility patents. At the peak of their dispute in the U.S., Apple was awarded over$1 billionin damages in 2012. This case underscores the critical importance of comprehensive IP protection, not just for tech giants but for all enterprises ...
It didn't take long. There are already 11 trademark applications pending in the U.S. Patent and Trademark Office for marks including the word "CORONAVIRUS". The first of these applications was filed on February 4, 2020, (CORONAVIRUS SURVIVAL GUIDE) and most recently on March 13, 2020 (I SURVIVED THE CORONAVIRUS/ COVID-19 OF 2020!). Certainly there will be more to follow ...
It’s not uncommon for a company that owns intellectual property (IP) such as trade marks, patents and copyright to grant another company the right to use that IP. The grant of the right to use IP is referred to as a ‘licence’, the company that grants the right is referred to as the ‘licensor’, and the company that gets the right is referred to as the ‘licensee’ ...
Most companies go to great lengths to protect and maintain their intellectual property (IP). These companies recognize the value of their IP and work towards its development, sustainability and commercialization. IP strategy customary includes where and when to file patent applications, how to choose a brand name and register it, how to protect and enforce copyrights, protect trade secrets, etc ...
INTRODUCTION As the world advances, new ventures in the media and internet world are emerging. One of the most recent enterprises that technological and internet evolution has witnessed is social media influence/influencing. According to Tech Target, social media influence is a term for an individual’s ability to affect other people’s thinking in a social media/online community[1]. This enterprise has become popular, particularly in recent years ...
Although NFTs have existed for a number of years, and have changed the world of merchandise and art, it is worth considering how intellectual property (IP) rights interplay with this asset class. This article considers NFTs in their component parts with a view to understanding how IP law, and specifically the areas of copyright and trade marks, apply. What is an NFT? An NFT stands for non-fungible token and is a digital asset with a unique digital identifier, recorded on a blockchain ...
Following the celebration of #WorldIPDay, we examine the growth of the Nigerian creative industry, identify ways to protect creativity and innovation in Nigeria, and suggestareas of improvement for the protection of IP rights in Nigeria. With the recent surge of #NFTs and other #Web3 affiliated forms of creative content, improvements to the Nigerian IP regime are imperative. Download PDFhere, or continue reading below ...
A recent judgment in a trade mark opposition in Seychelles is worth a look, not only because it involves a major international brand, but because IP judgments are quite rare in certain African countries. The opposition The facts were that a Seychelles company called Intelvision Limited applied to register the trade mark Intelvision (a stylised version of the word together with an antenna logo) for services in class 38 ...
