Despite being in existence for years, many have only recently become familiar with encryption. This follows heightened publicity around its use on popular social media platforms purportedly offering end-to-end encryption. Encryption (or cryptography) has been described as a mathematical formula or algorithm that encodes and decodes information, with only authorised persons having access to such information through a key ...
Institutions of Higher Education serve a key role in fostering new ideas and spurring innovation. Recognizing the value of such innovation, the Bayh-Dole Act of 1980 permits universities to own patents directed to the technologies they develop. While some large research institutions pursue patents to protect their inventions, many colleges and universities forego patent protection based on the perception that patent applications are cost-prohibitive. http://www.ticua ...
Arbitral institutions strive to provide the parties they serve with a fair and impartial dispute resolution process that results in an unassailable final award. Since “evident partiality” in the arbitrators is one of the limited means to attack an award, the selection of unbiased arbitrators is fundamental to that goal, and most arbitral institutions have some requirement or guidance on arbitrator disclosures ...
On August 28, 2016, the Israeli District Court of the Central District issued a decision regarding the right of publicity under Israeli Law (In re Fundacio Gala Salvador Dali v. V.S Marketing (Israel 2005) Ltd.). The right of publicity is the right of a person to financially exploit his name, picture or voice ...
It is not unusual for companies to choose famous and prestigious events, such as entertainment awards and sporting championships, as platforms to promote their products and services. The Olympic Games are no different. As the world´s most important sporting event, drawing the attention from individuals all over the world for more than two weeks, the Olympic Games are the perfect scenario for marketing actions ...
In a precedential decision (June 7, 2016), the U.S. Trademark Trial and Appeal Board (Board) held that when a petitioner files a petition to cancel an existing registration when the registration is less than five years old, the five-year bar in the Lanham Act Section 14 (15 U.S.C. Section 1064) is tolled for the purpose of adding an additional claim against that registration.Ashland Licensing & Intellectual Property LLC v. Sunpoint International Group USA Corp ...
Acceleration clauses are commonly found in loan agreements that require debtors to make repayment in instalments. A standard acceleration clause provides that if a debtor fails to pay an instalment, the creditor may elect to terminate the loan agreement and demand payment of the full amount owing under the agreement ...
As we explained previously, in April 2016 the Second Appellate District held that California’s Fair Employment and Housing Act (FEHA) creates a separate duty to provide reasonable accommodation to an applicant or employee who is “associated” with a disabled person. On rehearing of the Castro-Ramirez v. Dependable Highway Express, Inc. decision (Case No. B261165, B262524), the Court has retreated from its prior holding ...
Financial technologies need specific legal solutions and an open approach to the law. There are lots of indications that financial technology, or FinTech, is one of the next chapters in the digital revolution unrolling before our eyes. The role of finance in the economic life of the society was laid bare by the last financial crisis. The tragic consequences of errors committed on Wall Street, i.e ...
Recognising the great potential for film production and post production in South East Europe, a group of legal experts have gathered to develop industry expertise and work with organisations and Governments supporting this fledgling sector ...
An important piece of regulation has been introduced in Montenegro recently, through the reduction of VAT on catering services in four stars hotels (in the north of the country) and five-star hotels (on the seaside), which will be effective from 2018 ...
Streets named after a country’s heroes and heroines can be a hotly contested and emotive issue, especially in a country such as South Africa, with its colonial and apartheid past. This was illustrated in the recent Constitutional Court case of City of Tshwane Metropolitan Municipality v AfriForum and Another (the “AfriForum case”), which not only dealt with this sensitive topic, but also clarified an important legal issue – whether an interim interdict can be appealed ...
Earlier this year, we released our inaugural cyber survey report, Perspectives on Cyber Risk (the Report), intended to provide insight into Australian organisations' cyber risk posture and cyber resilience capability.Perhaps one of the more surprising findings in the Report was that surveyed organisations did not appear to be overly concerned about the risk of regulatory action flowing from a cyber breach ...
On July 5, 2016 the Chilean Congress enacted Law No. 20,931 (“Anti-crime Agenda”), strengthening the prosecution of robbery, burglary, theft and willfully or negligently receiving or possessing stolen goods. The Chilean Criminal Code sanctions any individual who knowingly or negligently possesses, transports, buys, converts or trades goods proceeding from theft, robbery, embezzlement and/or cattle theft. Negligent behavior can also be prosecuted ...
On July 1st, 2016 the Pilot Patent Prosecution Highway agreement (PPH) executed by the member states of the Pacific Alliance (Chile, Mexico, Colombia and Peru1) came into force.The PPH Pilot Program is an agreement executed by the patent offices of said countries, which allows applicants to request an accelerated examination process of a patent application ...
Allied Irish Bank PLC -v- Moloney & anor [2016] IEHC 346 Twomey J, 20 June 2016, concerned an application by Allied Irish Bank (AIB) for summary judgment in the sum of €10.8m. The defendants contested the application claiming that they had a binding oral agreement with AIB, whereby it was agreed that the defendants would sell the properties charged to AIB, and the outstanding loan would be written off. The fact of the borrowings was not disputed ...
On June 23rd the United Kingdom (UK)1 decided, by means of a referendum, to exit from the European Union. This decision is known as “Brexit”. According to Art. 50 of the Treaty on European Union, the UK must notify the European Council – which for this purpose represents the EU – of its intention to exit, after which the parties will negotiate an agreement setting out the arrangements of that withdrawal and of the future relationship between the UK and the EU ...
The US Second Circuit Court of Appeals, overturning an earlier court ruling from a lower court, has held that the US Government cannot compel Microsoft to hand over emails stored on a server in Dublin in a narcotics case. The decision is a milestone victory for privacy rights and will be greatly welcomed by US technology companies storing data abroad ...
When the wording of a construction-related guarantee is ambiguous, the intention of the parties involved is key in determining its true nature. This was highlighted in a recent Supreme Court of Appeal (“SCA”) judgment, which found that the best way to determine the parties’ intention was to look at all relevant facts ...
The European Commission has today adopted the Privacy Shield. The Privacy Shield is intended to provide a framework for EU-US data transfers. What is the Privacy Shield? European data protection law restricts the transfer of personal data outside the European Economic Area (EEA) unless the country to which the data is transferred ensures an adequate level of data protection ...
This dispute relates to the transfer of a Serbian football player from Serbian Football Club A to Belgian Football Club B in the summer of 2013. The transfer fee for this move was comprised of both (i) a fixed amount of EUR 5,000,000 and (ii) 20% of the added value in the event of a subsequent transfer from Football Club B to a third club ...
Since at the end of this month, specifically on 30 June 2016, the first interim rights to operate remote gambling, granted by NGO, will expire, we expect to see the first licenses (Class I) and the authorizations to operate and exploit remote gambling in Romania entering into force on 1st of July 2016 ...
An encouraging news update comes from Croatia, as some of the recent reports claim that the Croatian IT market reached a value of EUR 950 million in 2015. According to IDC Adriatic – a regional branch of the global market intelligence provider – this shows an increase of 10.8% when compared to the previous year.IDC Adriatic added that a continuation of the IT market's recovery is expected in 2016 as well. More precisely, further strengthening of the market at an average annual rate of 6 ...
The Hamburg data protection authority has imposed fines against the companies Adobe, Punica and Unilever, stating that they have continued to transfer personal data to the USA contrary to the stipulations of the Safe Harbor judgment. 1. The Safe Harbor judgment of the ECJ dated October 6, 2015 (legal matter C-362/14) makes it clear that European companies can no longer simply transfer personal data to the USA as a "non-secure third country" ...
