The regulation of Transfer Pricing is one of the mechanisms through which the Directorate General of Revenue (DGI) seeks to avoid the erosion of the tax base. In Panama, it is regulated in the Fiscal Code in its Chapter IX from Article 762-A to 762-Ñ. The obligation on the issue of Transfer Pricing and specifically with the study is generated since the 2011 period ...
Transfer Pricing rules are fundamentally based on the Arm’s Length Principle, articulated in art. 9 of the OECD Model Tax Convention. This principle is pivotal for bilateral and multilateral tax treaties to avoid double taxation, reiterated in point 1.6 of the OECD’s “Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations ...
It is standard practice that for a share transfer in a private limited liability company to be effective, the transferor and transferee must execute a share transfer form, pay stamp duty on it and present it to the company for registration, together with the related share certificate, if any. The Ugandan Companies Act, 2012 prohibits the transfer of shares unless a proper instrument of transfer has been delivered to the company ...
Recent months have seen a flurry of developments globally towards the regulation of Artificial Intelligence. Government bodies in the US, UK and EU have released proposals and updates around regulating AI, with each approach showing important distinctions ...
In recent years, representation and warranty insurance has gained popularity as a tool to decrease transaction liability exposure in M&A transactions. These policies can be particularly useful in the context of cross-border transactions, for both financial and strategic parties, to facilitate middle-market transactions involving foreign buyers or sellers of domestic U.S.-based businesses. The product is also beginning to gain traction in transactions outside of the United States ...
In the decision Beijing Judian Restaurant Co. Ltd. v. Wei Meng, 2022 FC 743, rendered by the Honourable Angela Furlanetto on May 18, 2022, the Federal Court clarified what constitutes bad faith in trademark law. Prior to the decision, the concept of bad faith in relation to trademarks was interpreted rather cautiously in Canadian jurisprudence. Background Beijing Judian Restaurant Co. Ltd ...
On May 13, 2021, the Quebec government introduced Bill 96 to amend the Charter of the French language (the ?Charter?) to strengthen the provisions regarding the use of French, particularly with respect to the language of commerce and business. This bill has been thoroughly reviewed in parliamentary committee and the committee tabled its report on April 26. In the current political context, it is expected that Bill 96 will be adopted in the coming months ...
Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that effort, when consumers see or hear your brand’s name, they instantly think of your goods and services. Now, imagine someone starts selling a digital representation of a comparable product using a similar “artistic” name in the metaverse ...
As the US diplomatic relationship with Cuba continues on itspath of normalization and the possibility for increased economic opportunitiesfor US companies with the island increase with the potential further looseningof restrictions prohibiting engaging in business in Cuba, US businesses lookingat the Cuban market have begun taking steps to register their trademarks inCuba ...
December 27, 2023 By: Philip Nulud and Sylvia Cheong In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks. Under current trademark law in Korea, a later-filed mark that is similar to a senior mark already registered with the Korean Intellectual Property Office (“KIPO”) would be rejected for registration ...
The question of who actually owns a trade mark in an important one in South African law. That’s because the Trade Marks Act provides that a trade mark cannot be registered by a party who doesn’t have a bona fide (good faith) claim to ownership of that trade mark. It goes on to say that a trade mark cannot be registered if the application is made mala fide (in bad faith) ...
The 2022 edition of The Trademark Lawyer magazine is out, and Dinsmore intellectual property lawyer Sara Suleiman is the author of its cover story. She wrote about the five crucial actions companies must take to to protect their brands in the age of counterfeit goods sold on social media. An excerpt is below. The advent of social media has permanently transformed the way products and services are marketed and sold ...
The first idea that we may conceive only by reading the title of the present article is: What signals may constitute a trademark?, the answer to this question is given by section 3 of the Law No. 380 “General Law on Trade Marks and Other Distinctive Signs”, published in The Gazette No. 70, of April 16 th 2001, which is the norm regulating this matter ...
The Internet is a rather young, but a very popular source of information for Ukrainian businesses and consumers. The Internet segment of the market has been actively developed recently and has acquired a high level of commercialization. According to the Ukrainian mass media, the number of Internet users in the Ukraine increased by over 70 % in 2002 ...
Dear valued clients, colleagues and friends, With the enactment of the latest Trademark Act 2019, our Intellectual Property partner, Indran Shanmuganathan, has authored two books published by renowned publishers, Sweet & Maxwell namely “Trademark Act 2019 with overview by Indran Shanmuganathan” and “The Annotated Trademarks Act 2019” which is a part of Malaysian Legislation Series ...
Figures published in May by the Department for Business and Trade (DBT) record a further decline in Trade Union membership in the UK. Comparable data is only available as far back as 1995, but shows a clear decline over that nearly 30-year period to a level where, as at 2022, the proportion of UK workers in a union has declined to 23.1% - the lowest figure recorded in that time period ...
Some opening words In South Africa, as in many jurisdictions, the concept of good faith (bona fides) crops up a lot. So, for example, in order to get registration of a trade mark, the applicant must have a good faith intention to use the trade mark. Once the trade mark is registered the owner must use it in good faith in order to keep the registration alive. In the words of George Michael, “You gotta have faith". Good faith ...
Offensive trade marks, which we have written about previously, have again been in the news of late. Two US trade mark cases have dominated the headlines, and one of these has made it all the way to the US Supreme Court. This certainly suggests that Americans feel strongly about the issue of offensive trade marks. As South Africans are likely to have equally strong feelings on the issue of names that might offend particular groups, these US cases are worth discussing ...
An increasing number of African companies do business in the Far East, and many of them register their trade marks in the region’s major markets. So, it’s interesting to look at trade mark developments in the major markets from time-to-time. In this article, we look at some recent decisions in China, India and Japan. China China is probably the major market for most African companies and we have discussed Chinese trade mark issues in a number of our articles ...
There was a time when companies were sceptical about IP protection in China, with the general impression being that the law was heavily weighted in favour of local companies, some of whom seemed to make a habit of hijacking foreign brands. But things have changed considerably over the past few years, and a recent trade mark development should further persuade African businesses that their IP rights, and particularly their trade marks, will be properly protected in China ...
The decision by the International Trademark Association (“INTA”) to host a major meeting in Cape Town – apparently the first INTA conference to take place on African soil – is highly significant. It certainly says a great deal about the continent's growing economic importance. The conference takes place on 1 – 2 September 2016 and it’s entitled “Building Africa with Brands” ...
It’s interesting how often trade marks and politics intersect, especially in South Africa!In the most recent example, the issue was whether a political party that had broken away from the ruling African National Congress (“ANC”) – the African Democratic Change – had infringed the rights of the ruling party. As is commonly known, the logo of the ANC features the colours black, green and gold, as well as an image of a hand grasping a spear ...
The analytics company Clarivate recently published some trade mark filing statistics that tell us quite a bit. They certainly show that despite all the talk of a chronic COVID-19/post-COVID-19 business slump, there’s actually considerable business optimism out there. The statistics also seem to correspond with all the talk we heard recently of trade mark filings being unusually buoyant in the second half of 2020 ...
