We are often asked whether negotiating an IPD agreement takes longer than negotiating a traditional agreement, such as a construction manager at risk contract. The answer is probably “yes”, although that answer is incomplete.[1] A better answer, would be that negotiating and crafting the IPD agreement is an important step that increases the likelihood that a project will be successful ...
Clarifications of the Supreme court on application of general provisions of the Russian Civil Code on obligations and their performance Dear colleagues,On November 22, 2016 the Plenary Session of the Supreme Court of the Russian Federation adopted the Ruling No. 54 "On application of general provisions of the Russian Civil Code on obligations and their performance", which contains clarifications of the Plenary Session related to the provisions of the general part of obligations law ...
Blockchain technology holds vast potential that can only be unleashed with regulatory backing. The potential, initially perceived only by a small circle of cryptography enthusiasts, is now recognised by central banks, governments, and major financial institutions.Smart contracts and decentralised autonomous organisations can change the legal system as we know it while generating new models for the economy ...
Poland’s National Appeal Chamber (KIO) issued an order on 5 September 2016 of great practical significance, applying new procurement rules on the permissibility of appeals by contractors interested in bidding for public contracts below the EU thresholds ...
2016 has been a busy year for IP on the African continent, with developments in Liberia, the Cayman Islands, South Africa, Zambia and Namibia, among others. Liberia: Intellectual Property Act and Swakopmund Protocol membership Liberia’s House of Representatives has approved and published the Intellectual Property Act, 2014 (the “new Act”), which repeals the Industrial Property Act of 2003. The regulations are currently being drafted ...
“The Trump Organization also earns income by licensing the Trump name to building developers around the world.” – BBC news site in an article entitled “What conflicts of interest could Donald Trump have?” Donald Trump has hogged the headlines for many months. So it’s perhaps no surprise that he’s even managed to make trade mark news ...
Judge Mervyn King’s name is synonymous with corporate governance in South Africa. 1 November 2016 saw the delivery of the fourth version of the famous King report on corporate governance, King IV. So, just what does this latest report mean for IP? Well, there’s apparently no mention of the term “intellectual property” in the report at all, so one might be inclined to answer that it means nothing ...
In a rare IP law decision in Namibia, the High Court has made it clear that it takes IP seriously, that English and South African IP decisions are very relevant, and that anyone alleging passing off will need to submit compelling evidence to establish that they have the necessary reputation ...
In an earlier inBrief dated 9 December 2014 we wrote about Federal Law No. 4/2012 on the regulation of competition (the “Competition Law”), which introduced the means by which the United Arab Emirates could regulate anti-competitive practices ...
In a previous newsflash, we highlighted the significant changes made to the broad-based black economic empowerment (“B-BBEE”) landscape in South Africa that were introduced by the new B-BBEE Regulations (the “Regulations”) issued by the Department of Trade and Industry (the “DTI”) on 6 June 2016 ...
Effective November 1st, new guidelines came into effect for patent applications before the European Patent Office (“EPO”). One significant change affects what the EPO will accept as evidence of transfer of ownership of a patent application, an assignment ...
Overview The new Bankruptcy Law of the UAE was enacted on September 20, 2016 as Decree-Law No. 9 of 2016. It was published in the Federal Official Gazette on September 29, 2016, giving it an effective date of December 31, 2016. The new Bankruptcy Law replaces and repeals the previous legislation on the subject, Book 5 of the Commercial Code, which was seldom used in light of its perceived shortcomings ...
On October 18th the 8th Annual IBA “Mergers and Acquisitions in Russia and CIS” Conference was held at Ararat Park Hyatt hotel in Moscow. A conference was presented by the IBA Corporate and M&A Law Committee and supported by the IBA European Regional Forum. The Conference brought together experts in the field of economics and law from around the globe to discuss the latest emerging developments and hot topics in Russian and CIS M&A law ...
In July 2016, the South African Department of Trade and Industry (the “DTI”) published, and invited public comment on, its Intellectual Property Consultative Framework (the “IPCF”). The IPCF reflects the DTI’s views on South Africa’s IP policy position in the form of a consultative instrument ...
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 ...
This article considers why private trust companies are currently so popular, various structuring issues which those setting up private trust companies should take into consideration, and the private trust companies regulations which came into force in the British Virgin Islands (BVI) in August 2007 and which were amended in 2013. Introduction Private trust companies (PTCs) have become increasingly popular offshore in the last 20–25 years ...
On October 28 – November 1 German Zakharov, ALRUD Of Counsel, participated in 60th UIA Congress in Budapest. German Zakharov participated in the following sessions: "Competition Law" and "Compliance: Challenges and opportunities for the legal profession". The participants of the session were foremost antitrust lawyers ...
Recently, the International Organization for Standardization (ISO) adopted a new set of voluntary standards, designated as ISO 37001, to assist organizations in their ongoing fight against bribery. As a result of recent increases in the enforcement of the U.S. Foreign Corrupt Practices Act of 1977 (FCPA) and, notwithstanding the guidance provided by the U.S. Department of Justice’s (DOJ) Resource Guide to the U.S ...
On October 25 Anton Dzhuplin, ALRUD Partner, participated in the Conference organized by the Russian National Committee of the International Chamber of Commerce (ICC Russia) “Independent Guarantee: International Experience and Russian Practice”. Anton moderated one of the sessions ...
1. IntroductionSince 2004 the sale by mail-order of prescription-only pharmaceutical products is no longer prohibited in Germany, being the biggest potential market for pharmaceutical products within Europe and thus generally most attractive for pharmacy companies. However, the German pharmacies have been protected during the last decade by a national legislation providing for a fixed–price system for the supply of prescription-only pharmaceutical products ...
The United States has been a leader in advocating the removal of barriers to competition in the civil aviation market and to this effect has signed more than 120 bilateral Open Skies Agreements with countries around the world. However, not all of Latin America has embraced this policy, with Mexico and Brazil being two of the largest holdouts ...
Another day, another failed colour trade mark application. But there may be some lessons to be learned from a recent Australian decision. The quest to monopolise colour goes on, and we have written on this topic on several occasions. In the latest Australian case on colour trade marks, Frucor Beverages Limited, manufacturer of an energy drink called V, applied to register the colour green as a trade mark for its energy drinks ...
A trade mark dispute about the name Iceland highlights the issue of trade marks in relation to geographic names. A dispute has arisen in Europe between Iceland the country and Iceland the brand – Iceland is a large UK-based supermarket chain. The supermarket chain has an EU trade mark registration for the name Iceland, a registration that it struggled long and hard to get, overcoming multiple oppositions along the way ...
