In the short term, the vote to leave the European Union doesn’t signal an immediate change. It’s business as usual for the UK and the EU. The EU Treaties and laws continue to apply without exception in the UK – as does the obligation to comply. The process of the UK exiting from the EU will, however, be the focus over the next few months ...
“The degree of consumer care is becoming more heightened as the novelty of the Internet evaporates and online commerce becomes commonplace.” This quote, which comes from a United States (“US”) decision, is quoted in the South African Supreme Court of Appeal’s (“SCA’s”) judgment in the so-called “Clearvu case” – Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd and Another (unreported case no. 227/2015, 27 May 2016) ...
A South African court has found that, for the purposes of fair dealing in copyright law, hyperlinks are a sufficient way of acknowledging source and ownership. The recent decision in the case of Moneyweb (Pty) Limited v Media 24 Limited and Another (unreported case no. 31575/2013, 5 May 2016) attracted a great deal of publicity. This is possibly because the two main parties are media companies ...
On 20 June 2016, the South African National Treasury published draft Carbon Offsets Regulations (“draft regulations”), intended as a component of the proposed carbon tax. The draft regulations mark the next step in the process of bringing the carbon tax into operation by early 2017 ...
A court has ruled that the South African Advertising Standards Authority (“ASA”) does not have the authority to consider and rule on adverts placed by entities that aren’t members of the organisation. Regular readers will know that the ASA is frequently used as a forum for dealing with what are essentially trade mark or passing-off disputes. This is because the ASA Code contains provisions that prohibit advertising that causes consumer confusion or involves slavish copying ...
The Organisation for Economic Co-operation and Development (“OECD”)/G20 Base Erosion and Profit Shifting (“BEPS”) Project identified 15 actions based on the following three key themes, being: · the introduction of coherence in the domestic rules that affect cross-border activities; · the reinforcement of substance requirements in the existing international standards; and · the improvement of transparency and certainty ...
It is the long-standing practice of traders and service providers to grant customers extended payment terms for the goods or services they supply as a means to enhance turnover. Where the credit provided is interest-free, the question that arises is whether the provision of such credit impacts on the entitlement of the supplier to claim input tax for value added tax (“VAT”) purposes ...
Egypt’s Ministry of Trade and Industry has issued Decree No. 43 of 2016, which amends the rules organising the registration of factories and companies that are eligible to export their products to Egypt. The decree took effect on 15 March 2016, and replaces all previous decrees or stipulations that contradict it ...
Brexit, the United Kingdom’s vote to leave the European Union, raises many questions and some are related to intellectual property issues. There are a few anticipated changes to IP rights due to Brexit. Here is a summary of some key issues, and what could happen next. Trademarks and Designs Proceduresfor treatment of EU trademarks will need to be an element of the negotiations for the UK in leaving the EU ...
Turnaround Management Association (TMA) Europe held its ninth annual conference in Rome on 9 and 10 June. Partner at Karanović & Nikolić,Maja Jovančević Šetka, attended the conference as a board member of TMA Serbia ...
At the recently heldSummit 100Business Forum in Sarajevo, many topics of contemporary relevance for the region of Southeast Europe were expectedly touched upon. Be it the supply of sustainable energy, the position of women in business, or the issues related to infrastructure & transport conditions, it was an opportunity for a number of prominent experts and government officials to weigh in with their opinions on how to improve the overall business situation in our region ...
Federal Law No.2 of 2015 on Commercial Companies (the “New Law”) came into force on 1 July 2015, replacing Federal Law No.8 of 1984. The New Law, similar to its predecessor, contains sections relating to various forms of companies, including public and private joint stock companies (“PJSCs”) and limited liability companies (“LLCs”) ...
On 12 March 2015, the Slovenian Competition Protection Agency ("Agency") initiated proceedings against Hyundai Avto Trade d.o.o. ("HAT"), the national distributor of Hyundai vehicles, together with a network of authorised repair shops for Hyundai motor vehicles ...
According to recent media reports, the Bosnian Central Bank (BCC) has presented information regarding the scope of investments made by the country's diaspora. More precisely, it has been reported that more than EUR 1.5 billion of investments are being made by the Bosnian diaspora each year through remittances and formal channels – meaning that the exact figure is even larger when accounting for other, informally made investments which have been proven to exist ...
In a decision issued last May 20,1 the Québec Court of Appeal affirmed a judgment2 of the Superior Court of Québec rendered on October 28, 2013, which dismissed the action in damages for more than $7 million brought by a former representative in insurance of persons and in group savings plan brokerage, Mr. Alan Murphy, against the Autorité des marchés financiers (?AMF?).FactsMr ...
The Central Bank of Montenegro has recently published a report on foreign direct investments (FDI) that have been made in Montenegro during the first three months of this year. This FDI total has amounted to EUR 223 million, thus presenting proof of noticeable growth in this sense when compared to last year's EUR 100 million over the same period of time ...
The Act Amending the Business Freedom Act and Certain Other Acts enteredinto force on 19 May 2016. The changes mainly affect Poland's small businessregister - the Central Register and Information on Economic Activity (CEIDG). The amended Business Freedom Act clarifies certain terminology used in the regulations but also introduces entirely new solutions governing small businesses ...
The government recently announced that a bill will be submitted to Congress to modify the Chilean Data Privacy Law N° 19,628 (“DPL”). In connection with the future bill (yet to be presented before Congress), the Ministry of Finance sent to several members of Congress a set of informal minutes outlining the structure and core aspects of the bill.The following is a summary of the minutes, and an initial legal analysis prepared by Carey ...
The government recently announced that a bill will be submitted to Congress to modify the Chilean Data Privacy Law N° 19,628 (“DPL”). In connection with the future bill (yet to be presented before Congress), the Ministry of Finance sent to several members of Congress a set of informal minutes outlining the structure and core aspects of the bill.The following is a summary of the minutes, and an initial legal analysis prepared by Carey ...
Various media outlets have recently been reporting on the economic relationship between Turkey and the Balkan countries, as well as the growing interest of Turkish companies to do business in this region through acquiring or cooperating with local companies – many of which are state-owned and in the process of being put up for sale by their respective governments. If we look closer into specific examples, the numbers are supportive of this positive trend, i.e ...
At the recently held coordination meeting of IPA (Instrument for Pre Accession Assistance) multi-beneficiary programs in Herceg Novi, the main focus was put on announcing the importance of EU funds for the implementation of important internal reforms and the progress of the Western Balkan countries towards membership in the European Union ...
Guatemala is experiencing an unprecedented and well-deserved offensive against corruption. An Ex-President and Vice-President along with many ex-Cabinet members are currently being prosecuted for a growing array of crimes including passive graft, money laundering and tax fraud, among others. The indictments are being brought through the efforts of a UN-sponsored commission which, until recently, had limited success in dismantling “organized crime”, its principal mandate ...
The Indonesian Government has released the long-awaited revision to the Negative List (“DNI”). The revised regulation (Presidential Regulation No. 44/2016) was promulgated on 18 May 2016 and circulated to the public on 24 May. The DNI regulates the sectors which are closed, open, or conditionally open to investment. The DNI revision is keenly awaited as it stipulates, amongst other matters, restrictions on foreign participation in various business activities in Indonesia ...
