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Dismissal of 62-year old teacher did not constitute discrimination
Plesner, August 2017

In a decision of 9 August 2017, the Board of Equal Treatment established that the dismissal of a 62-year old teacher did not constitute discrimination on the grounds of age. The board found it proven that the teacher''s competence profile could best be dispensed with in connection with the educational institution''s forward-looking need to cover lessons with a reduced number of teachers...

Two Bidding Models - Access to Taiwan's Mega Infrastructure Program
LCS & Partners, August 2017

Design of the Models Taiwan law provides for two models for private parties to participate in governmental infrastructure projects. One is the model under the Government Procurement Act (“GPA Model”) and the other is the Public-Private Partnerships Law (“PPP Model”). The most significant difference between the two models lies in the funding entity...

New Tax Procedures Law in the UAE
Arendt & Medernach, August 2017

On 31 July 2017, the President of the United Arab Emirates (the “UAE”) issued the new Tax Procedures Law (the “Law”). This Law contributes to build the UAE’s tax system, to regulate the administration and collection of taxes and most importantly, to clarify the respective rights and obligations between the Federal Tax Authority (the “FTA”) and the taxpayer...

Be VAT ready - Tax Procedures Law is already here
Afridi & Angell, August 2017

  It has already been in the public domain for a while that VAT will be applicable in the UAE (and the GCC) from the beginning of 2018. Under the VAT regime, businesses will be collecting taxes on behalf of the government and will file tax returns accordingly. Although the tax is collected at each stage of value addition, the burden of tax falls only on the end consumer. For all the other stages, one can claim a refund. For this reason VAT is called ‘consumption tax’...

Governance and the Rise of the Activist Shareholder
MinterEllisonRuddWatts, August 2017

As the tide of shareholder activism rises around the world, MinterEllisonRuddWatts discussed the trend and implications for New Zealand business at its annual Corporate Governance Symposium for directors and executives last night...

BMW: Still Shaping Trade Mark Law
ENSafrica, August 2017

It is safe to say that BMW protects its trade marks fiercely. As a result, the company has done more than its fair share to shape South African trade mark law. A recent UK trade mark decision involving BMW will therefore be of considerable interest to businesses in South Africa.In a number of cases involving BMW, South African courts have made it very clear that a trade mark registration is only infringed if a third party makes unauthorised “trade mark use” of that trade mark...

Global Cartel – Follow-on Class Actions in Israel – Is This The End?
Fischer Behar Chen Well Orion & Co., August 2017

  We would like to update you with regard to the Israeli Supreme Court Ruling of July 31, 2017, which establishes that, for the purpose of service out of the jurisdiction based on Regulation 500(7) of the Israeli Civil Procedure Regulations, 5744-1984 (“Civil Procedure Regulations“) – it is not sufficient to indicate damage which allegedly occurred within Israel, but rather an act or omission in Israel must be shown...

IP, Religion, Culture and Politics
ENSafrica, August 2017

Colleagues and clients alike often comment on the varied, topical and evolving nature of my field of expertise, IP law, as evidenced from my articles over the years. IP is a field of law that’s forever growing, highly relevant, often fascinating and which deals with everyday tangible issues, brands and products that we encounter in the marketplace and media. Three recent news stories show just how much IP intersects with other worlds...

The New Design Law (Israel)
Fischer Behar Chen Well Orion & Co., August 2017

  On July 26, 2017, the Knesset approved a new Design Law (the “Design Law” or the “Law”). The Law will come into force 12 months following its publication. “Designs” are defined as the visual features of products (such as cars, electrical appliances, screen displays, furniture, jewelry, fashion, etc.), which are not purely utilitarian...

Havaianas: Not a Flop
ENSafrica, August 2017

A recent BBC article entitled “Havaianas: How a Brazilian flip-flop took over the world” doesn’t mention IP once, yet it contains some useful IP lessons...

Mexican Government Announces Key Positions for Upcoming Renegotiation of NAFTA
Haynes and Boone, LLP, August 2017

On July 31, the Mexican Ministry of Commerce submitted to the Senate the Priorities of Mexico in the Negotiations for theModernization of the North American Free Trade Agreement (NAFTA)(the “Position Paper”)...

Monkey See, Monkey Do (Not Own Copyright)
ENSafrica, August 2017

Two unusual copyright stories are back in the news.The first is the one that involves a monkey, a selfie and a copyright dispute. British photographer David Slater visited Indonesia to photograph the endangered crested black macaque, seemingly with a view to highlighting the species’ plight. During the course of taking his photos, Slater left his camera on a tripod, apparently hoping that the macaques might take selfies. One took the bait and the image became a sensation...

Luxembourg Law on the Exploration and use of Space Resources Entered into Force
Arendt & Medernach, August 2017

The Luxembourg law on the exploration and use of space resources of 20 July 2017 entered into force on 2 August 2017 and placed Luxembourg among the most innovative space-oriented nations in the world. The new law provides a legal framework for the “new space” activities. It aims at the further development of the constantly growing Luxembourg space industry employing already more than 700 highly skilled workers...

Rail Projects in Taiwan's Mega Infrastructure Program
LCS & Partners, August 2017

Focal Point of the Infrastructure Program In line with the trend of green traffic and the increasing need for rail transportation in Taiwan, the Infrastructure Program features a focus on the establishment of the national railway network including the full-scale planning of the railway structure, city lines and metropolitan railway establishment...

Law on Blocking Mirror Websites
ALRUD Law Firm, August 2017

August 02, 2017 Dear Ladies and Gentlemen, We would like to inform you about adoption of the Federal Law No. 156-FZ dated July 1, 2017 “On Amendments to the Federal Law "On Information, Information Technologies and Information Protection” that enters into force from October 1, 2017 (hereinafter the “Federal Law”). 1...

Labor Relations Update - July 2017 (Israel)
Fischer Behar Chen Well Orion & Co., July 2017

New Ruling – calculation of an hourly employee’s last wage for the purpose of calculating the severance pay to which he is entitled will be made according to the partiality of his position throughout the term of his employment On June 4, 2017, the National Labor Court rendered a judgment in Labor Appeal 44824-03-16 Y.B. See Resources Ltd. vs Adhenom Berh Teami (the “See Resources Case“)...

Mexico: Round Two – Fourth Public Bid
Haynes and Boone, LLP, July 2017

The Mexican government announced, on July 19, 2017, the fourth bid of Round Two. This will be the 14th upstream bid round in Mexico since passage of the energy reform in mid-2014. The new bid round (named Round 2.4) comprises 30 offshore blocks for exploration in the Perdido Belt, the Salina Basin, the Mexican Ranges (Cordilleras Mexicanas), and the Yucatán Platform in the Gulf of Mexico, covering collectively 70,844 km2, with prospective resources of approximately 4...

Introduction to Taiwan's Mega Infrastructure Program
LCS & Partners, July 2017

What’s in the Infrastructure Program?   To fortify infrastructure, unlock economy growth potential, and to ramp up investment momentum, lawmakers in Taiwan passed a special bill for Forward-looking Infrastructure Program on July 5, 2017, allocating a budget of NT$420 billion to develop infrastructure needed for the next thirty years...

Attention San Francisco Employers: New City Ordinance Prohibits Asking About or Considering an Applicant’s Salary History
Haynes and Boone, LLP, July 2017

Many employers routinely ask job applicants about their salary or earnings history, either in written job applications, during interviews, or during post-offer salary negotiations. Such activities will soon be prohibited in San Francisco. Earlier this month, the City’s Board of Supervisors voted unanimously to ban employers from asking job applicants about their salary history or from considering such information in determining whether to hire an applicant or what salary to offer...

SyCipLaw Employment & Immigration Update 2017 Q1
SyCip Salazar Hernandez & Gatmaitan, July 2017

SyCipLaw''s Employment & Immigration Update (Volume XV, Issue 1) features updates and articles on issuances from the Department of Labor & Employment (DOLE), including the new guidelines on contracting and subcontracting, and the implementing rules and regulations of theAnti-Age Discrimination in Employment Act,the Data Privacy Act of 2012, and those governingthe employment and working conditions of collectors in the debt collection industry...

U.S. Releases its Summary of Objectives for the NAFTA Renegotiations
Haynes and Boone, LLP, July 2017

Like any good negotiator, U.S. Trade Representative Robert Lighthizer, in setting out U.S. objectives for the renegotiation of NAFTA, offered only a glimpse of what the U.S. actually will be pushing for when three-country talks among Canada, Mexico and the United States begin in Washington, DC, on August 16. The U.S...

Failure to Make the Proper Declaration to the French Data Protection Agency Regarding a Professional Email System Does Not Prevent Using Professional Emails in Court
Jeantet, July 2017

A CFO of a company was dismissed for poor performance. He sued his employer arguing that his dismissal was unjustified. The company’s defense was based on several emails produced in court which were supposed to show the CFO’s poor quality work.Under French law, the golden rule is that any system collecting or processing data including professional email systems must be declared to the Data Protection Agency (“CNIL”) in order to be legal...

A Brief Outline of the Newly Enacted Movable Property Security Rights Act
Hamilton Harrison & Mathews, July 2017

1.0 IntroductionThe Moveable Property Security Rights Act 2017 (the “Act”) was assented to by the President of Kenya on 10th May 2017 and came into operation on 16th May 2017.2.0 Objective of the ActThe objective of the Act is to facilitate the use of movable property as security for credit facilities by creating the office of the Registrar of Security Rights providing the mode of registration of security rights in movable property and the realisation process.3...

The Most recent CFC Case in China
Amicorp Services Ltd., July 2017

  Anti-abuse mechanism increase in the era of BEPSIn a recent CFC case the Suzhou Industrial Zone Tax Bureau of Jiangshu Province attributed the undistributed profits of a Hong Kong company (“HK HoldCo”) to its Chinese resident parent company (“ParentCo”). The tax authorities attributed the profits based on China’s controlled foreign corporation (“CFC”) rules and collected more than RMB 7.7788 million (approx. USD 1...

VAT in the GCC – Q&A updates from the UAE Ministry of Finance
Arendt & Medernach, July 2017

On 9 July the United Arab Emirates (UAE) Ministry of Finance (MOF) published an update of the Value Added Tax (VAT) FAQ section of its website.Following on the awareness workshops launched by the MOF, such update provides some clarification on substantive and procedural aspects pertaining to the implication and implementation of VAT...

Africa Tax in Brief
ENSafrica, July 2017

GHANA: Customs duty on spare parts abolished On 14 June 2017, pursuant to the measures proposed in the 2017 Budget, Parliament passed the Customs Amendment Bill, 2017, which amends the Customs Act, 2015 by abolishing customs duties on the importation of vehicular (including motorcycles and bicycles) spare parts. GHANA: VAT Flat Rate Scheme practice note issued The Ghana Revenue Authority published Practice Note No...

Is your pricing still arm's length? [VIDEO]
Arendt & Medernach, July 2017

What you need to know about Transfer Pricing in a 30-minute video entitled ''''Is your pricing still arms length?''''.     Transfer pricing - Is your pricing still arms length? #TAX from Arendt & Medernach on Vimeo.This video was realised during our Tax seminar, held on 29 March 2017.Should you require more information, please contact our partners in Tax Law: Thierry Lesage, Alain Goebel, Jan Neugebauer and Mehdi Fernane-Jallier...

BEPS Action 8 on Hard-to-Value Intangibles: Is This the Last Piece of the Puzzle Required by SARS to Issue its Updated Transfer Pricing Practice Note?
ENSafrica, July 2017

One of the main action items identified by South Africa’s National Treasury in its summary of the country’s position on the G20/Organisation for Economic Co-operation and Development (“OECD”) action plan on base erosion and profit shifting (“BEPS”), is the requirement for the South African Revenue Service (“SARS”) to update the Transfer Pricing Practice Note in line with the OECD Transfer Pricing Guidelines to include new guidance on the ar

A Manager Responsible for Work-Related Psychosocial Exposure Can Be Dismissed For Poor Performance
Jeantet, July 2017

A regional director was fired for poor performance.According to her dismissal letter, she was terminated because of her behavior that had led a number of co-workers to suffer from stress and harassment. More particularly, the letter pointed out her directive management style and her authoritative leadership, a lack of consistency and honesty, the fact that she aimed at discouraging her team members and did not treat them with respect using an insulting and degrading language...

The Lawfulness of Retrospective Amendments in Tax Law
ENSafrica, July 2017

On 29 May 2017, Judge Fabricius delivered judgment in the Gauteng High Court in the case of Pienaar Brothers (Pty) Ltd vs Commissioner for the South African Revenue Service and the Minister of Finance, in a case dealing with the Taxation Laws Amendment Act, 2007 (the “Amending Act”) which inserted section 44(9A) into the Income Tax Act, 1962 (the “Act”)...

The Dismissal of an Employee Repeatedly on Sick Leave is not Justified When it only Disturbs a Non-Essential Department of the Company
Jeantet, July 2017

An employee was fired after several sick leave periods, the last one of more than seven months. Her dismissal was based on the disturbance of the running of the prospecting and customer retention department that had resulted from her frequent and prolonged absences.She sued her employer before the labor court, seeking to have her dismissal declared unfair.The Court of Appeals rejected her claim...

SARS issues a further ruling on venture capital companies
ENSafrica, July 2017

On 6 June 2017, the South African Revenue Service (“SARS”) issued binding private ruling 274 (“BPR 274”). BPR 274 deals with a venture capital company (“VCC”) investing in a company providing and expanding plants for the generation of solar electricity. This brings the number of binding private rulings that SARS has issued in respect of venture capital companies to four...

Attention California Employers: Action Required for Ensuring Compliance with California’s “Day of Rest” Requirements
Haynes and Boone, LLP, July 2017

Under California law, employees are entitled to “one day’s rest therefrom in seven,” unless certain statutory exceptions apply. In Mendoza v. Nordstrom, Inc., 2 Cal. 5th 1074 (2017), the California Supreme Court addressed several ambiguities in the statutory language, giving employers much needed guidance on how to comply with California’s day of rest requirements...

BIR Guidelines on Credit/Debit/Prepaid Card Payment of Internal Revenue Taxes
SyCip Salazar Hernandez & Gatmaitan, July 2017

On January 12, 2016, Former Secretary of Finance Cesar Purisima issued Revenue Regulation ("RR") No. 3-2016 prescribing the policies and guidelines on the adoption of credit, debit, and prepaid cards as an additional mode of payment for internal revenue taxes. Credit, debit, and prepaid cards were made available as an additional mode of payment in order to ease the burden to taxpayers in the payment of their taxes...

Expediting Compulsory Land Acquisition: The Constitution (Amendment) Bill, 2017
ENSafrica, July 2017

Article 26 of the Ugandan Constitution enshrines the right to property and the protection from deprivation of property, subject only to the prompt payment of fair and adequate compensation prior to taking possession of the property...

Upcoming Mexico Anti-Corruption Law: What Does it Mean for Companies Doing Business in Mexico?
Haynes and Boone, LLP, July 2017

Two years ago, Mexico began a process to completely change the legal framework regulating anti-corruption in the country. On May 27, 2015, a Constitutional amendment was published in the Official Gazette of the Federation to create the new framework against corruption...

Wheelbarrow Pledge: Proposed Strate Rules Go Half Way
ENSafrica, July 2017

Recent proposed amendments to the rules of Strate, South Africa’s central securities depository (the “Strate Rules”) will effect a significant change to how uncertificated securities are pledged, but will not solve all of the problems that market participants hoped would be addressed...

PRIIPs KID: The Final Pieces of the Puzzle
Arendt & Medernach, July 2017

The pieces of the puzzle are finally falling into place. The long-awaited level 3 and 4 measures have been published earlier this week, half a year before the PRIIPs KID becomes compulsory.On 4 July 2017 the European Supervisory Authorities (ESAs) published a Questions and Answers document related to the PRIIPs KID which reverts to questions linked with the presentation, content and review of the KID, including the methodologies underpinning the risk, reward and costs information...

Copyright: Constantly Evolving
ENSafrica, July 2017

We’ve written a fair bit about copyright recently, and much of our focus has been on how the digital age has brought about a marked change in attitude towards copyright (often bordering on ignorance), and has made copyright infringement much easier. In this article, we look at two further examples that reflect this trend. We also look at proposed changes to South African copyright law.The first of our examples deals with sharing images...

Updates and Highlights in the Mexican Energy Sector, May-June 2017
Haynes and Boone, LLP, July 2017

As part of the implementation of the Mexican energy reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued during May and June 2017. These are of particular importance to oil and gas producers, midstream companies, power generators, traders and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons May 2, 2017...

Proposed Comprehensive Amendments to the JSE Debt Listings Requirements Move Closer to Implementation
ENSafrica, July 2017

On 30 June 2017, after an initial round of public commentary undertaken by the JSE Limited (“JSE”) on the proposed amendments to the JSE Debt Listings Requirements (“DLRs”), the South African Registrar of Securities Services announced that “Part 2” of the 2016 amendments are available on the Financial Services Board’s website for further public comment. The deadline to review and comment on the proposals is 14 July 2017...

Brazil: The IDB and Halal food
Veirano Advogados, July 2017

Brazil has a very small Muslim community. In any event, this is a country which, despite economic and/or political crises, foreign investors are always looking at. At this moment, one can see foreign investors acquiring assets in Brazil because of their low prices...

SCA Issues Important Judgment on Video Recordings During Van Breda Trial
ENSafrica, July 2017

  The trial of murder-accused Henri van Breda has attracted widespread media attention in recent months. Now, the Supreme Court of Appeal (“SCA”) has delivered an important judgment linked to the case regarding the media’s right to broadcast aspects of court proceedings – not only in the Van Breda case, but in other cases too...

The New Act to Prohibit and Prevent Genetic Discrimination
Lavery, de Billy, July 2017

In recent months, the Senate passed the Act to prohibit and prevent genetic discrimination (Genetic Non-Discrimination Act). This Act also amended the Canada Labour Code and the Canadian Human Rights Act. The new Act aims to regulate the use of genetic tests, namely, tests that analyze the DNA1, RNA2 or chromosomes of a person for predictive or monitoring purposes or for establishing a diagnosis or prognosis, mainly within a contractual framework...

Trade Marks in the Far East
ENSafrica, July 2017

  An increasing number of African companies do business in the Far East, and many of them register their trade marks in the region’s major markets. So, it’s interesting to look at trade mark developments in the major markets from time-to-time. In this article, we look at some recent decisions in China, India and Japan. China China is probably the major market for most African companies and we have discussed Chinese trade mark issues in a number of our articles...

Supreme Decree N° 2954 on Integral Waste Management
C.R. & F. Rojas Abogados, July 2017

Congress approved Supreme Decree Nº 2954, on Integral Waste Management (the “Regulation”) within the framework of article 344 of the Constitution, which provides that the State shall regulate the internment, production, commercialization and use of techniques, methods, input materials and substances that affect health and the environment...

Temporary Employment Services: The Labour Appeal Court Decides
ENSafrica, July 2017

Trade union opposition to the use of temporary employment services (“TESs”) – commonly referred to as labour brokers – and concerns that TES employees were not being accorded rights granted to them in terms of South African labour legislation, led to the introduction of amendments to the Labour Relations Act, 1995 (“LRA”) that came into force in January 2015...

Suspension and/or Blocking for the Access to Forest Origin Document - FOD Module
Veirano Advogados, July 2017

The Federal Environmental Agency (“IBAMA”) published Ordinance No. 01/2017, which provides for the improvement and unification of the procedures of suspension and/or blocking of the access to the Forest Origin Document (“FOD”) module.  FOD is an instrument of the National Control System of the Origin of Forest Products (“SINAFLOR”) for the control of transportation and storage of forest products.  In this sense, Ordinance No...

Google: Testing the Rules?
ENSafrica, July 2017

A highly unusual thing about Google, which according to Brand Finance has now become the world’s most valuable brand (USD109.4-billion), is that it is seemingly able to defy the rule that if your trade mark becomes a verb, you’ve pretty much lost the trade mark because it’s become generic...

Lao PDR : Challenges and Opportunities for Solar Power Development
DFDL, July 2017

 The hydropower ambitions of the Lao PDR are well known. The aspiring “battery of Asia”, the Lao PDR has proven successful at attracting and maintaining hydropower investment in recent years...

 

 

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