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ENSafrica | August 2016

  Timeline 20 August 2013: The South African National Assembly passes the Protection of Personal Information Bill [B9D of 2009] (“the Bill”) to give effect to the constitutional right to privacy. 19 November 2013: The Bill is signed into law by President Jacob Zuma and gazetted as the Protection of Personal Information Act 4 of 2013 (“POPI”) ...

ENSafrica | August 2016

Over the past year, the broad-based black economic empowerment (“B-BBEE”) landscape in South Africa has been completely overhauled and has become more stringent ...

ENSafrica | August 2016

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” ...

Carey | August 2016

On July 27, 2016, the Securities and Insurance Superintendence (“SVS”) issued the general rule 410 (“NCG 410”), which supplements the list of entities that qualify as “institutional investors” according to article 4(e) of the Securities Market Law N°18,045 (“LMV”) ...

DFDL | August 2016

Implementation of Prakas on minimum registered capital of banking and financial institutions,Circular № B7-016-117 C.L, dated 16 June 2016This Circular, issued on 16 June 2016, aims at implementing Prakas №B7-016-117 on Minimum Registered Capital of Banking and Financial Institutions (“BFIs”), dated 22 March 2016 (“Prakas №B7-016-117”), in relation to procedures for increasing the minimum registered capital requirements of BFIs ...

DFDL | August 2016

While the initial rush of foreign investors to Myanmar slowed down in 2015, likely due to the November elections, 2016 is predicted to be a year of rapid growth. The almost complete transition of power to Aung San Suu Kyi’s National League for Democracy (NLD), formerly in opposition, represents an impressive step forward to stability for the nation, and to opening up to the world ...

Han Kun Law Offices | July 2016

On July 25, 2016, China Food and Drug Administration (“CFDA”) published the latest "Measures for the Administration of Drug Registration (revised draft)” (“Latest Revised Draft”) for public comments1 ...

Karanovic & Partners | July 2016

Media outlets have recently been reporting on the possibility that Nikola Tesla Airport will acquire Sava Centar (SC), with the purpose of turning it into its company headquarters. This acquisition would be followed by an investment of over EUR 30 million in the next three years for the building's reconstruction and adaptation ...

Heuking | July 2016

Brexit – what does it involve and when could it happen? In a referendum, held in the United Kingdom on June 23, 2016, a majority of voters decided in favor of the United Kingdom of Great Britain and Northern Ireland (UK) leaving the European Union (EU) (this exit from the EU by the UK is the so-called Brexit). The referendum is not binding ...

Karanovic & Partners | July 2016

Latest news reports from the airline industry show that the European Commission has ended their investigation into the ownership structure of "Air Serbia", reaching a conclusion that Serbia indeed holds management rights over its national air carrier. Furthermore, having in mind their minority stake in Air Serbia, Etihad Airways has thus been enabled to operate according to EU standards in Serbia ...

Waller | July 2016

On July 7, 2016, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule intended to prohibit hospitals operating certain off-campus provider-based departments (PBDs) from billing under the Outpatient Prospective Payment System (OPPS). In an effort to implement Section 603 of the Bipartisan Budget Act of 2015, CMS says the proposed rule will save about $500 million a year by refocusing payments on the patient rather than the clinical setting ...

ENSafrica | July 2016

Two recent high-profile cases involving popular songs have placed the spotlight on copyright issues. In the first of these, in California, a Los Angeles jury has decided that Led Zeppelin’s 1971 rock classic Stairway to Heaven did not infringe the copyright in a 1967 song called Spirit by the band Taurus. The case centred on the opening chord sequence in Stairway to Heaven, which the jury concluded was not “intrinsically similar” to the sequence in Spirit ...

ENSafrica | July 2016

A recent European trade mark decision highlights how risky it can be to simply register the word version of a trade mark that is used in a stylised form. The case also highlights an issue that may be worthwhile considering when creating a trade mark – simpler may be cheaper. The decision in question involved a European registration for the trade mark Aunt Bessie’s in ordinary script for a range of foodstuffs ...

ENSafrica | July 2016

We’ve previously touched on the case of Lucky Star Ltd v Lucky Brands (Pty) Ltd ...

Van Doorne | July 2016

The Health Care Arbitral Tribunal (Arbitral Tribunal) has pronounced a decision on a dispute between an independent medical specialist and a Medical Specialist Company (MSC) for the first time since the introduction of the comprehensive rates on 1 January 2015. Although neither party has terminated the existing (membership) agreement between them, the Arbitral Tribunal is of the opinion that termination of membership and deregistration of the specialist from the members' register are justified ...

Waller | July 2016

Late last week, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule intended to prohibit hospitals operating certain off-campus provider-based departments (PBDs) from billing under the Outpatient Prospective Payment System (OPPS). In an effort to implement Section 603 of the Bipartisan Budget Act of 2015, CMS says the proposed rule will save about $500 million a year by refocusing payments on the patient rather than the clinical setting ...

Lavery Lawyers | July 2016

Last June 8, Carlos J. Leitão, the Minister responsible for Government Administration and Ongoing Program Review and Chair of the Conseil du trésor, tabled Bill 108, An Act to facilitate oversight of public bodies' contracts and to establish the Autorité des marchés publics ...

DFDL | July 2016

On 30 June 2016, Vietnam’s National Assembly voted to delay implementation of Penal Code No. 100/2015/QH13 dated 27 November 2015 (the “Penal Code”), which was to take effect on 1 July 2016. It is not clear at this time when the Penal Code will be implemented and we understand it will undergo significant revisions prior to being approved for implementation by the National Assembly ...

ALRUD Law Firm | July 2016

Amendments to Russian Civil Code on different types of interest under Articles 317.1 and 395Dear Sir or Madam,We would like to inform you that on July 5, 2016 the President of the Russian Federation signed Federal Law dated 03.07.2016 No. 315 “On Amendments to Part I of the Civil Code of the Russian Federation and certain Legislative Acts of the Russian Federation” (hereinafter referred to as the “Law”), which comes into force from August 01, 2016 ...

Van Doorne | July 2016

Recently, public and political commotion has arisen in cases where the remuneration of managing directors increased, while the employees received no or a marginal increase in salary. This public debate was the reason for the government to propose an expansion of powers of the work's council on this subject ...

DFDL | July 2016

Extension of Deadline for Online Company Re-Registration, Notification № 2338 (Ministry of Commerce) 01 July 2016According to Prakas 300, dated 29 December 2015, all companies, branches, and representative offices registered in Cambodia wererequired to complete a re-registration process through the Ministry of Commerce’s online registration portal which was launched in January 2016.The deadline for completing the re-registration process was previously extended from March to 30 June 2016 ...

DFDL | July 2016

Banking and FinanceMEMBERSHIP OF FAST AND CENTRAL SHARED SWITCH SYSTEMS, Prakas № B14-016-147 Pror Kor, dated 19 May 2016This Prakas, effective from 19 May 2016, requires banking and financial institutions to become members of FAST and Central Shared Switch systems. It aims at encouraging an easy, quick, effective, secure and reliable retail payment in order to foster the development of banking and financial sectors and the national economy ...

Karanovic & Partners | July 2016

​Patricia Gannon, Senior Partner, and Rastko Petaković, Partner, together with Associates Veton Qoku and Nevena Tomić Lučić, attended the Balkan Legal Forum ( BLF) 2016 – a conference organised by the IBA European Regional Forum and the Legal Development Foundation ...

Waller | June 2016

The home health industry could see its profit margins shrink further as a result of proposed updates to the Home Health Prospective Payment System (HH PPS) released by the Centers for Medicare & Medicaid Services (CMS) earlier this week. This is the fourth and final year of payment reductions mandated by the Affordable Care Act in response to perceived Medicare overpayments to home health agencies. Profit margins are estimated to average 17.2% for the home health industry, and $17 ...

ENSafrica | June 2016

Clients with European Union (“EU”) trade marks, registered designs and EP patents may be wondering what will happen to their IP protection in the United Kingdom (“UK”) now that the nation has voted to leave the EU.The good news is that EU IP rights extending to the UK will not be affected in the short-term. The European Patent Office is not an EU institution, so the leave vote will have no effect on EP patents ...

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