Current economic competition legislation has imposed new rules on economic agents that operate in the national market. These rules have changed the nature of the relationships which business may have with competitors, suppliers, distributors, and customers ...
Synopsis - Trial lawyers often find themselves defending one of several defendants in a lawsuit. Depending on the claims and defenses in the case, they may need to communicate with lawyers defending other parties to discuss defense strategy and understand the case from different perspectives. It is critically important for trial lawyers to know and understand which communications are protected from discovery ...
On 21 June 2004, the European Community (“EC”) submitted its instrument of accession to the Madrid Protocol to the World Intellectual Property Organisation (“WIPO”). The accession took effect from 1 October 2004.The Madrid Protocol is a treaty that facilitates the international registration of trade marks (“the International Registration System”) ...
The UK press reported recently (August 2004) that an unnamed Lloyds TSB customer, backed by the Lloyds TSB Group Union, has complained to the Information Commissioner (the UK equivalent of the Irish Data Protection Commissioner) in respect of the transfer abroad of “sensitive personal data” 1 held by Lloyds about its customers. The government-appointed information commissioner has been asked to rule on whether Lloyds TSB is acting illegally ...
Merger and acquisition activity has increased dramatically in China over the last several years. While such transactions were virtually unknown a mere ten years ago, they are now an increasingly common and important feature of China’s economic landscape. The M&A route now offers foreign investors a viable method of entering the China market. China’s economic reforms and robust growth have fuelled the increased pace of M&A activity ...
This Newsletter describes the latest developments in Trade and Regulation in the Latin American region and the EU ...
In November the UK government bowed to pressure from unions and bereaved relatives and announced its intention to produce a draft bill on corporate killing for England and Wales. This bill, if successful, would have enabled companies to be prosecuted for management failures that resulted in a person's death. No such government bill has however, been forthcoming. Nor is it likely that any such government bill will appear before the 2005 general election ...
Introduction Advocate General Jacobs, in delivering his Opinion in Syfait and others v Glaxosmithkline (Case C-53/03, 28 October 2004), has found in favour of Glaxosmithkline (GSK) by stating that the refusal by a dominant pharmaceutical company to fulfil all orders from wholesalers does not automatically constitute an abuse of a dominant position, despite such refusal clearly limiting parallel trade of the products in question ...
This article is intended to provide some solutions on how to reduce the amount of parallel imports of your products into Ireland without breaching European law. Parallel trade of products occurs within the European Union (EU) as EU legislation provides for the free movement of goods within the EU. This rule frequently results in products being imported from cheaper countries within the EU (for example Greece) to more expensive countries within the EU (for example Ireland) ...
THE LAW OF DEFAMATION: A PRIMER By Thomas S. Woods* INTRODUCTION Editors, publishers, writers, advertisers and all who are involved in the dissemination of information in written or electronic form should have at least an elementary grasp of the principles of the law of defamation. It is often said that a little information can be a dangerous thing. That truism is difficult to dispute ...
“Financial assistance” includes granting credit, lending money, providing security for or guaranteeing a loan. (This is the definition in relation to connected transactions, but a similar concept would apply generally.) We will first discuss the treatment of price-sensitive information, in respect of which there is a general obligation ...
This will depend on how much money you are trying to raise and the number of people to whom you intend to offer the shares. The biggest change to the current AIM prospectus will occur if you are raising more than EUR 2.5 million (about £1.7 million) and you are offering shares to more than 100 people. If that is the case, the prospective directive (PD) will apply and the company will need to produce a PD prospectus ...
The State Development and Reform Commission and the Ministry of Commerce recently revised two key catalogues regarding foreign investment. The Catalogue of Priority Industries for Foreign Investment in the Central and Western Regions (the “Regional Catalogue”) was revised on 23 July 2004. The revised Regional Catalogue replaces the 2000 version with effect from 1 September 2004 ...
The State Development and Reform Commission (“SDRC”) promulgated the Provisional Measures for the Administration of the Verification of Foreign Investment Projects on 9 October 2004. The Provisional Measures, which entered into effect on the date of their promulgation, are based on the Law of the People's Republic of China on Administrative Licensing and the Decision of the State Council on the Reform of the Investment System (as discussed respectively in the No ...
The Ministry of Commerce (“MOFCOM”) promulgated the Regulations on the Investment in and Establishment of Holding Companies by Foreign Business Entities on 17 November 2004. The Regulations, which became effective on 17 December 2004, revise regulations of the same name promulgated in 2004 (as discussed in the 2004.2 issue of China Legal Update) (the “Original Regulations”) ...
The Ministry of Commerce (“MOFCOM”) promulgated the Measures for the Administration of Commercial Franchise Operations on 31 December 2004. The Measures, which came into force on 1 February 2005, replace the 1997 Measures for the Administration of Commercial Franchise Operations (for Trial Implementation) which only governed franchising involving domestic operators ...
The National Bureau of Statistics promulgated the Measures of the National Bureau of Statistics for the Administration of Foreign-related Surveys 13 October 2004. The Measures, which came into force on the date on which they were promulgated, replace the 1999 Provisional Measures of the National Bureau of Statistics for the Administration of Foreign-related Social Surveys ...
The State Administration of Taxation issued the Urgent Notice of the State Administration of Taxation on Relevant Issues in Strengthening the Administration of the Levy and Collection of Value-Added Tax for Newly Established Commercial and Trading Enterprises on 13 August 2004 ...
The State Administration of Foreign Exchange issued the Notice of the State Administration of Foreign Exchange on Relevant Issues in the Internal Operational Control of Foreign Exchange of Multinational Corporations on 18 October 2004. The Notice, which became effective on 1 November 2004, relaxes some of the restrictions on foreign exchange transfers between subsidiaries of multinational companies ...
The State Administration of Taxation revised the Rules for the Administration of Tax on Business Transactions Between Affiliated Enterprises (for Trial Implementation) effect from 22 October 2004. The Rules replace a regulation of the same name issued in 1998 (“1998 Rules”). Expanded scope of application The Rules have a wider scope of application than the 1998 Rules ...
The State Administration of Taxation (“SAT”) issued the Implementing Rules for Advance Pricing Arrangements for Business Dealings Between Affiliated Enterprises (for Trial Implementation) on 3 September 2004. The Implementing Rules, which became effective on the date on which they were issued, represent another development in China’s legal framework for transfer pricing (see previous article in this China Legal Update) ...
The Securities Commission of Malaysia released new guidelines on real estate investment trusts (REITs Guidelines) on 3 January 2005. The REITs Guidelines supersede earlier guidelines on property trust funds published in November 2002. The key features of the REITs Guidelines include the liberalisation of borrowing limits as well as the relaxation of restrictions under the old guidelines on the acquisition of leasehold properties and properties encumbered by financial charges ...
On 2 December 2004, the U.S. Securities and Exchange Commission (SEC) published a new rule and rule amendments under the Investment Advisers Act of 1940 (IAA), with significant implications for hedge fund advisers within and outside the U.S. The new rules require investment advisers to “look through” the funds they manage and count investors in the funds as clients for the purpose of determining whether an adviser is exempt from registration under the “private adviser exemption” ...
The Taiwan Securities and Futures Bureau issued an Order on 31 January 2005 increasing the limit on investment in PRC related securities by foreign funds offered by SICEs from 5% to 10% of the fund’s net asset value (NAV). The Order makes no change to the restriction on an offshore fund’s investments in securities issued in Mainland China which remains capped at 0.4% of the fund’s NAV ...
