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O'Neal Webster | January 2017

In the post-recession economy, investment managers are looking for increased flexibility and ways to maximise investor returns by minimising set up costs, government fees and other related functionary and advisory costs. That is why many are now “Brexiting” to the British Virgin Islands. For years, the Cayman Islands has held the title of the world’s largest offshore fund domicile. Being the most well-known, it was the safe choice for investment managers ...

Veirano Advogados | January 2017

Data can be one of a business’s most valuable assets. Market players such as Facebook, Uber, Airbnb and Twitter were built almost entirely on data. Because of the increase in data tracking techniques, countries, companies, and individuals are more and more concerned with how their data – private or professional – is being collected, stored, processed, and transferred ...

TSMP Law Corporation | January 2017

(Our crystal balls, that is.) "If you can look into the seeds of time, and say which grain will grow and which will not, speak then unto me … "- William Shakespeare (MacBeth) Happy New Year! 2016 was nothing if not earth-shaking in terms of unexpected developments. The – once unthinkable – departure of Britain from the European Union, was voted in by a legislature feeling increasingly un-homed in its own country ...

Waller | January 2017

The underlying technology behind the digital currency, Bitcoin, is piquing interest across Nashville’s healthcare industry, largely due to its potential to change the way data is shared. Blockchain, or distributed ledger technology, is a decentralized database that securely records transactions and can also allow for the transfer of an asset such as data or currency.https://nashvillemedicalnews ...

Han Kun Law Offices | January 2017

Han Kun's 12th Edition 2015 Newsletter provides legal updates and analysis on: illegal pharmaceutical and medical device advertising under the new advertising law, a large wave of income tax incentives coming, and pros and cons of drug price renegotiation. To read the entire newsletter, click here ...

MinterEllison | December 2016

On 15 December 2016, Foxtel and a number of movie studios secured the first site blocking orders in Australia. The orders of Nicholas J of the Federal Court require the major Australian ISPs to block access to a number of infamous sources of illegal content, namely, The Pirate Bay, TorrentHound, IsoHunt, Torrentz and SolarMovie (Pirate Sites) ...

Hanson Bridgett LLP | December 2016

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 ...

ALRUD Law Firm | December 2016

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 ...

Wardynski & Partners | December 2016

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 ...

Wardynski & Partners | December 2016

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 ...

ENSafrica | December 2016

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 ...

ENSafrica | December 2016

  “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 ...

ENSafrica | December 2016

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 ...

ENSafrica | December 2016

  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 ...

ENSafrica | December 2016

  The latest high-profile decision on shape trade marks, the Rubik’s cube case, once again highlights the difficulties involved in seeking to protect product shapes through trade mark law ...

TSMP Law Corporation | December 2016

The world stands at the threshold of a new age. Self-driving cars have hit the streets and created the knock-on collision of technology and the law. Autonomous transportation presents a network of complex problems that have to be addressed before we can safely strap ourselves into a vehicle without a driver. August 2016 saw the implementation of the world’s first self-driving taxis in Singapore ...

Jeantet | November 2016

Any judicial decision rendered by a foreign court is generally subject to a judicial enforcement proceeding (referred to as exequatur in France) in order to be recognised and enforced in France ...

Afridi & Angell | November 2016

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 ...

Karanovic & Partners | November 2016

To the untrained eye, technology and the judiciary sector may seem rather far apart. IT is ever changing and dynamic, while courts are by design deliberate and slow. However, even the most resistant institutions are not immune to change; Serbian courts now appear to be further steps towards incorporating new technology for the ultimate goal of greater efficiency ...

ENSafrica | November 2016

  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 ...

Afridi & Angell | November 2016

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 ...

ALRUD Law Firm | November 2016

Yesterday Moscow court of appeal approved the decision of the court of the 1st instance referring to restricting access to LinkedIn website. The main reason for this decision was the fact that LinkedIn did not transfer the databases processing Russian nationals’ personal data in Russia. The Russian Localization Law which is in force as of September 1, 2015, requires that certain types of processing of Russian nationals personal data are performed in the databases located in Russia ...

ALRUD Law Firm | November 2016

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 ...

ENSafrica | November 2016

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 ...

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