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Favoring Slovenian Origin is Contrary to EU Law
Karanovic & Nikolic, June 2017

On the 8th of June, 2017, the Court of Justice of the European Union (CJEU) reached an important decision in the case Medisanus d.o.o. v General Hospital Murska Sobota (C-296/15) concerning public procurement procedures...

Global Arbitration Review: Offshore Vessel Construction Disputes
Haynes and Boone, LLP, June 2017

Haynes and Boone CDG is proud to feature a chapter in the Second Edition of Global Arbitration Review’s (GAR) Guide to Energy Arbitrations. The Guide to Energy Arbitrations is a widely regarded reference tool for energy companies, their advisers and arbitrators...

Africa tax in brief
ENSafrica, June 2017

  ANGOLA: Working group for negotiation of investment protection agreements and tax treaties created   The Ministry of Economics and Finances and the Ministry of Foreign Affairs issued Joint Order No.205/17 on 27 April 2017, creating a technical working group to coordinate the negotiation of investment protection and double tax agreements. The working group will be responsible for guiding negotiations and reporting to relevant ministers...

The Supreme Court Resolves Key Sections of the Biosimilars Act in Sandoz v. Amgen
Haynes and Boone, LLP, June 2017

On June 12, 2017, in a unanimous decision authored by Justice Thomas, the Supreme Court issued its much-awaited decision in Sandoz Inc. v. Amgen Inc. et al., No 15-1039, considering two critical questions in the biosimilar approval mechanisms adopted in the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”)...

Concluding financial transactions with South African public entities: the legal considerations
ENSafrica, June 2017

  Following South Africa’s sovereign credit rating downgrade by ratings agencies Standard & Poor’s, Fitch and, on 9 June 2017, Moody’s, as well as developments in political circles around allegations of “state capture”, relations between private business and the country’s public entities have become a hot topic...

Portland Rockers Score a Winning Touchdown for the Redskins in Supreme Court Trademark Dispute
Haynes and Boone, LLP, June 2017

On Monday, the Supreme Court issued its decision in Matal v. Tam,1 a high-profile dispute implicating NFL football, Portland dance-rock, and the Lanham Act’s disparagement clause. In its eagerly anticipated decision, the Court, voting 8-0, struck down the Lanham Act’s prohibition on disparaging trademarks as facially unconstitutional under the First Amendment...

Employees’ tax withholding obligations in respect of share incentive arrangements
ENSafrica, June 2017

  In terms of paragraph 2(1) of the Fourth Schedule to the Income Tax Act, 1962 (the “Act”), every employer, who is a resident of South Africa, or representative employer in the case of any employer who is not a resident, (whether or not registered as an employer under paragraph 15) who pays or is liable to pay any amount by way of remuneration to any employee shall, unless the Commissioner for the South African Revenue Service (“SARS”) has granted authority

Novelties in regulation of overtime and part-time work in Russia
ALRUD Law Firm, June 2017

Novelties in regulation of overtime and part-time work in Russia June21, 2017 Dear colleagues, New Law No. 125-FZ amending regulation of overtime and part-time work was signed by the Russian President on June 18, 2017 (hereinafter – the “Law”). The Law will come into force on June 29, 2017. We highlight below the most important novelties introduced by the Law...

Final B-BBEE thresholds announced – casting the net wider
ENSafrica, June 2017

  On 9 November 2016, a notice was published by the South African Department of Trade and Industry (the “DTI”), in terms of which the DTI proposed that all major broad-based black economic empowerment (“B-BBEE”) ownership transactions, as per code 100 of the B-BBEE Codes of Good Practice, which equal or exceed ZAR100-million, calculated by either combining the annual turnover of both entities or their asset values (the “Proposed Threshold”), must

Trump Administration Announces New Cuba Policy Reversing Some Obama Administration Measures
Haynes and Boone, LLP, June 2017

On June 17, the Trump Administration announced a new policy on Cuba, partially reversing certain of the market-opening measures that had been adopted by the Obama Administration during its final two years...

Ministers can be held liable for costs of legal proceedings
ENSafrica, June 2017

  The South African Constitutional Court has found that cabinet ministers can now be held personally liable for the costs of legal proceedings to which they are a party. This finding was made in the case of Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening), in which judgment was delivered on 15 June 2017...

New Tax Circular Regarding Taxation of Holdback Payments and of the Reverse Vesting Mechanism in the Context of Mergers & Acquisitions
Fischer Behar Chen Well Orion & Co., June 2017

The Israeli Tax Authority (the "ITA") has recently published a tax circular (the "Circular") on the tax treatment of holdback payments and of the reverse vesting mechanism in the context of merger and acquisition transactions. According to the Circular, subject to certain conditions, that will be detailed below, the sale of shares to which holdback payments and reverse vesting mechanisms apply would be subject to a capital gains tax rate of 25% (30% in case of controlling shareholders)...

SARS publishes draft notice to submit country-by-country, master file and local file returns
ENSafrica, June 2017

  On 2 June 2017, the South African Revenue Service (“SARS”) published a draft public notice requiring the submission of country-by-country (“CbC”), master file and local file returns. This marks an important step towards the finalisation of South Africa’s transfer pricing documentation requirements...

The IP Beacon, June 2017
Haynes and Boone, LLP, June 2017

View the PDF version of the June 2017 IP Beacon. Supreme Court Ruling Reigns in Patent Infringement Forum ShoppingBy Brian Kwok and Jason W. Whitney On Monday, May 22, 2017, the U.S. Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 unanimously overruled a longstanding Federal Circuit decision that allowed patent infringement suits to be filed in nearly any U.S. state or jurisdiction...

What is required from employers for night shift employees?
ENSafrica, June 2017

  In its recent decision in TFD Network Africa (Pty) Ltd v Singh NO & Others, the Labour Appeal Court (the “LAC”) considered the interpretation of section 17 of the Basic Conditions of Employment Act, 1997 (“the “BCEA”); in particular, subsections 17(1) and (2), which regulate night work. Subsections 17(1) and (2) read as follows: “(1) In this section, 'night work' means work performed after 18:00 and before 06:00 the next day...

Getting The Deal Through – Shipbuilding 2017: England and Wales
Haynes and Boone, LLP, June 2017

Getting the Deal Through – Shipbuilding is part of the series of Getting the Deal Through law guides published by Law Business Research that provide an overview of specialist areas of the law in a variety of international jurisdictions.It is published annually and the sixth edition, published in June 2017, covers 14 jurisdictions. Leading practitioners from each jurisdiction answer the same key questions...

Expectations of permanent employment
ENSafrica, June 2017

  The use of fixed-term employment contracts has been the subject of contention for many years. Opponents to their use have argued that because these contracts terminate automatically after the period of time for which they have been entered into, they can be used to avoid liability for unfair dismissal...

Newly Enacted Information Security Regulations
Fischer Behar Chen Well Orion & Co., June 2017

On March 21, 2017, the Knesset Constitution, Law and Justice Committee approved the Protection of Privacy Regulations (Information Security) 5777-2017 (hereinafter: the "Regulations"). The Regulations mark a landmark change in the field of information security in Israel and they impose substantial obligations on database owners...

Refunds subject to set-off under the Tax Administration Act
ENSafrica, June 2017

  In order to create a more uniform system for the administration of taxes in South Africa, section 191 of the Tax Administration Act, 2011 (the “TAA”) has effectively replaced various refund and set-off provisions which appeared in respective tax acts. Section 191 of the TAA now provides that all tax debts that are due must be set-off against refunds, including the interest thereon, due by the South African Revenue Service (“SARS”) to that taxpayer...

Update of the Population and Immigration Authority's Guidelines in Relation with the Employment of Foreign Experts in Israel
Fischer Behar Chen Well Orion & Co., June 2017

Under Israeli law, the employment of a foreign employee who is not a citizen or resident of Israel is a criminal offense, except if the person requesting to employ the foreign employee received a special permit from the Population and Immigration Authority (the "Authority") pursuant to the Foreign Workers Law, 5751-1991...

What you need to know about the 2017 Mining Charter
ENSafrica, June 2017

  On Thursday, 15 June 2017, the Minister of Mineral Resources, Mosebenzi Zwane (the “Minister”) gazetted the Broad-Based Black Socio-Economic Empowerment Charter for the South African Mining and Minerals industry, 2017 (the “2017 Mining Charter”), which comes into effect on the date of publication...

Philippines: BIR Prescribes New Procedure for Claiming Tax Treaty Benefits for Dividend, Interest, and Royalty Income
SyCip Salazar Hernandez & Gatmaitan, June 2017

On March 28, 2017, the Commissioner of Internal Revenue (“CIR”) issued Revenue Memorandum Order No. 8-2017dated October 24, 2016 (“RMO 8-2017”), which takes effect 90 days after signing.RMO 8-2017 amends Revenue Memorandum Order No...

The significance of South Africa signing multilateral convention to prevent BEPS in terms of pension funds
ENSafrica, June 2017

  On 7 June 2017, South Africa was one of more than 70 countries that signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (“MLI”). The MLI is the result of certain of the Organisation for Economic Co-operation and Development’s action points aimed at preventing base erosion and profit shifting (“BEPS”)...

Israel: Startup Nation Open to India and the World
Fischer Behar Chen Well Orion & Co., June 2017

FBC & Co examine the business and legal aspects of investing in one of the world’s most technologically advanced economies. OVERVIEWEstablished in 1948, Israel is the world’s only Jewish state, and the sole democracy in its vicinity. Israel has a diverse open market economy. Being a relatively young state, Israel is recognized as a developed market by many major indices. Israel has been a member of the high-income sector of the OECD since 2010...

It’s time to sort through the “junk” in your debt documents
ENSafrica, June 2017

  Following downgrades by ratings agencies Standard & Poor’s (“S&P”) and Fitch in April 2017, Moody’s cut South Africa’s foreign and local-currency ratings to investment grade Baa3 with a negative outlook on Friday, 9 June 2017...

Doing Business in India – A Perspective from Japan
Atsumi & Sakai, June 2017

India and Japan share a long history. Buddhism, which was born in India, travelled to Japan around the 6th century. The first major interaction between Japan and India seems to have been Japanese assistance to Shri Subhash Chandra Bose in the fight for Indian independence (1943-45). Post WWII, Japan and India signed a peace treaty and established diplomatic relations on 28th April, 1952...

New Rules Published by the Israeli Innovation Authority
Fischer Behar Chen Well Orion & Co., June 2017

In May 2017, the Israeli Innovation Authority (the successor of the Office of Chief Scientist), a division of the Israeli Ministry of Economy and Industry (the "Innovation Authority"), issued new rules1 becoming applicable to Israeli companies that receive grants from the Innovation Authority ("Funded Companies")...

Brexit Update - Signs of "Regrexit" Following UK General Election?
Haynes and Boone, LLP, June 2017

The shock result in the UK General Election has caused further political and economic upheaval with no single party controlling the House of Commons. Serious questions are now being raised over the UK’s approach to Brexit with negotiations set to commence next week...

Copyright: As Relevant as Ever
ENSafrica, June 2017

Copyright is a highly important area of IP law. Yet, it’s also an area that’s often ignored and misunderstood, partly because it generally doesn’t involve registration, and partly because of the uncertainties created by the digital age...

Supreme Court Unanimously Holds that SEC Disgorgement is Subject to Five Year Statute of Limitations
Haynes and Boone, LLP, June 2017

A unanimous Supreme Court held on June 5, 2017, that the SEC’s ability to recover funds through disgorgement is subject to a five-year statute of limitations. The SEC routinely seeks disgorgement as an equitable remedy in actions alleging securities law violations and asserted that disgorgement was not a penalty subject to the five year statute of limitations under 28 U.S.C. § 2462...

Fundamental Reform in Business Facilitation and Expansion of Economic Horizons in Mauritius
ENSafrica, June 2017

The Business Facilitation (Miscellaneous Provisions Act), 2017, enacted on 16 May 2017, aims to give new impetus to investment by creating a more favourable environment to doing business in Mauritius. It seeks to do away with regulatory and administrative constraints (whether at the outset or on an ongoing basis), and promotes a modern and digital business environment by bringing significant amendments and innovations to 26 pieces of legislation...

New Department of Labor “Fiduciary” Rule Goes Into Effect
Haynes and Boone, LLP, June 2017

After several delays, the Department of Labor’s (the “DOL’s”) final “fiduciary” rule expanding the definition of who is an investment advice fiduciary became effective on June 9, 2017...

In the News Today: Trade Marks
ENSafrica, June 2017

We trade mark lawyers like to tell our clients to take their brands seriously: adopt trade marks that are distinctive and therefore easy to protect; do trade mark searches; and register in all the countries where the trade marks are used. Clients sometimes roll their eyes when they hear this. But, fortunately for us lawyers, there’s a constant stream of big name trade mark scare stories in the media...

New Hailstorm Laws in Texas: Five Things That Every Corporate Policyholder Should Know
Haynes and Boone, LLP, June 2017

On, May 27th, Governor Greg Abbott signed into law what has become known as the Texas “Hailstorm Bill...

Vespa and Kit Kat - Is Trademark Law Out of Shape?
ENSafrica, June 2017

As anyone who’s interested in trade mark law knows, it is possible to protect product shapes through trade mark registrations, but it isn’t easy. In some countries, it’s particularly difficult, as two recent cases show. Vespa Let's start with the positive news. Piaggio recently secured an important victory in its home country, with an Italian court ruling that a three-dimensional trade mark registration for the shape of the famous Vespa scooter is valid...

IFLR: Philippines: Amendments to the FX Regulations
SyCip Salazar Hernandez & Gatmaitan, June 2017

The May 2017 issue of theInternational Financial Law Review (IFLR) includes an international briefing article by SyCipLaw partner Melyjane G. Bertillo-Ancheta entitled "Philippines: Amendments to the FX Regulations". The article discusses the circulars, issued by the Bangko Sentral ng Pilipinas (the central monetary authority of the Philippines), amending the country's foreign exchange regulations...

London Underground Leads the way with Trademark Licensing
ENSafrica, June 2017

Two recent news reports give some useful insight into the commercialisation of trade marks and its relevance to public utilities. The first report was in UK newspaper The Guardian. Entitled "Mine the Gap", it dealt with the fact that Transport for London ("TFL"), the authority that’s responsible for London’s tube and bus network, is involved in an ambitious trade mark licensing project. The authority recognises that it has some very valuable trade marks...

The Impact of NAFTA Renegotiation on the Automotive Industry
Haynes and Boone, LLP, June 2017

Changes to North American Free Trade Agreement (NAFTA) have been anticipated since the moment of President Trump’s election. When U.S. Trade Representative Robert Lighthizer notified Congress on May 18th of the Administration’s intent to renegotiate NAFTA, he triggered the 90-day consultation period before formal negotiations can begin...

In Vitro Fertilisation And The Birth of a Legal Remedy
TSMP Law Corporation, June 2017

“It is a treasured value in humanity … that no parent would want her child to grow up thinking that she (the child was) a mistake." - Justice Choo Han Teck   In 2010, a Chinese woman, trying to conceive a child with her Caucasian husband, underwent an in vitro fertilisation (“IVF”) procedure at a clinic. Like the previous time she bore a child through IVF at that clinic in 2006, no third party’s gametes were meant to be used...

Supreme Court of Texas Holds that an Operator Can Drill Through an Adjacent Mineral Estate
Haynes and Boone, LLP, June 2017

In a recent decision concerning off-site drilling, the Texas Supreme Court affirmed the San Antonio Court of Appeals1 and held that an oil and gas operator could drill through the mineral estate underlying an adjacent tract of land without the adjacent mineral lessee’s permission. Lightning Oil Co. v. Anadarko E&P Onshore LLC, No. 15-0910, 2017 Tex. LEXIS 463, --- S.W.3d --- (Tex. May 19, 2017)...

Bidding Process for PPP Project, Port Providencia (Manta-Manaos International Route)
Bustamante & Bustamante Law Firm, June 2017

The Ministry of Transport and Public Works (Ministerio de Obras Públicas y Transporte) of Ecuador, which is entitled of the management of the ports had issued the invitation to the public bidding process for the "Design, financing, procurement, ejecution of additional works, operation and maintenance of the International Terminal of Port Providencia" (Diseño, financiamiento, equipamiento, ejecución de obras adicionales, operación y mantenimiento de la terminal

Supreme Court: U.S. Patent Rights May Be Exhausted Notwithstanding Post-Sale Restrictions or International Sales
Haynes and Boone, LLP, June 2017

On Tuesday, the U.S. Supreme Court held that United States patent rights are exhausted by the sale of a product by the patentee or its licensee “regardless of any restrictions the patentee purports to impose or the location of the sale.” Impression Prods., Inc. v. Lexmark Int’l, Inc., No. 15 1189, slip op. at 2 (U.S. May 30, 2017). In so doing, the Court reversed the Federal Circuit’s February 2016, en banc decision...

Newsletter: Tax on the Division of Matrimonial Property in Case of Divorce
ALRUD Law Firm, May 2017

  Dear Ladies and Gentlemen, We would like to inform you that the Ministry of Finance of the Russian Federation issued a clarification dated March 02, 2017 regarding taxation on the division of matrimonial property after the divorce of the spouses...

Karanovic & Nikolic At FREI 2017
Karanovic & Nikolic, May 2017

Karanovic & Nikolic attended the 8th

Asters Scores Big Win in Alleged Price-Fixing Case
Asters, May 2017

Those seeking reasons to be optimistic about Ukraine’s judicial system can rejoice: Justice prevailed, or so ruled the High Commercial Court of Ukraine, the likely final arbiter in a dispute between the state Antimonopoly Committee of Ukraine and ACNielsen Ukraine, a market research firm...

Record Antitrust Fines In Macedonian Beer Market
Karanovic & Nikolic, May 2017

The Macedonian Competition Commission imposed a EUR 5.8 million fine on PIVARA SKOPJE AD and EUR 2.7 million on PRILEPSKA PIVARNICA AD, for allegedly entering into restrictive agreements with their distributors. According to the Commission, PIVARA SKOPJE AD entered into sales and distribution agreements which contain resale price maintenance provisions, limiting the distributors to freely set their resale price...

USTR Requests Comments and Schedules Hearing on NAFTA Negotiations
Haynes and Boone, LLP, May 2017

The Office of the United States Trade Representative (USTR) has published in the Federal Register a Notice of a “Request for Comments on Negotiating Objectives Regarding Modernization of the North American Free Trade Agreement With Canada and Mexico.” In the Notice, USTR advises that it will accept written comments by June 12, 2017 and will hold a public hearing at the U.S...

Arbitration: In Pursuit of Contractual Freedom Rather than its Limitation
ENSafrica, May 2017

The notion of contractual freedom has long been recognised in the entrenchment of the principle that agreements should be honoured. In this context, the decision by private contracting parties to submit a dispute to arbitration falls clearly within the purview of the valid exercise of contractual freedom...

Supreme Court Ruling Reigns in Patent Infringement Forum Shopping
Haynes and Boone, LLP, May 2017

On Monday, the U.S. Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (May 22, 2017) unanimously overruled a longstanding Federal Circuit decision that allowed patent infringement suits to be filed nearly anywhere, even in venues where accused infringers sold no more than a few allegedly infringing products...

King IV: JSE Listings Requirements Update and Implementation Dates Announced
ENSafrica, May 2017

On 22 May 2017, the Johannesburg Stock Exchange (“JSE”) announced that it has made amendments to the JSE Listings Requirements in relation to the adoption of the King IV Report on Corporate Governance and other governance arrangements, including a race diversity policy and the publication of a compliance report pursuant to the Broad-Based Black Economic Empowerment (“B-BBEE”) Amendment Act, 2013...

 

 

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