In the Official Gazette of the Federation dated June 16, a Decree was published through which several provisions of the Industrial Property Law are amended and added. The object of these modifications is the issuance of a declaration of protection of well-known and famous trademarks in our country. 1 ...
GoodCorporation, the standards organisation for responsible business practice, today officially announced the launch of its service in Ireland. The first organisation of its kind to operate in Ireland, GoodCorporation audits companies for corporate social responsibility practices and provides benchmarking against which member companies can measure their performance ...
David Hughes v Seamus Duffy and Eugene Hanratty, 19 April 2005, High Court Facts: This case was taken under Section 150 of the Companies Act 1990, by the Official Liquidator of the Supreme Oil Company Limited. Section 150 provides for a prohibition or restriction of persons acting as company directors for a period of five years. The respondents sought to have the application dismissed or refused by reason of the delay in bringing the application ...
Do environmental considerations feature in your business plans? If not, then perhaps it is time they did. Minimising waste, reducing energy consumption and decreasing the environmental impact is not just good for the planet but can lead to increased profits. That is the message from the Scottish Executive in its paper 'Going for green growth: a green jobs strategy for Scotland' ...
The Competition Bureau (the “Bureau”) is responsible for the administration and enforcement of the Competition Act (the “Act”), including criminal provisions relating to conspiracies to lessen competition, price fixing, market allocation, bid rigging and resale price maintenance, and civil provisions relating to abuse of dominant position, as well as other practices that may lessen competition, such as tied selling, refusal to deal and exclusivity ...
Overview A recent B.C. court decision provides welcome news for trustees of multi-employer, defined benefit, negotiated cost pension plans. Under s. 59(3) of the Pension Benefits Standards Act (“PBSA”), trustees of these plans can reduce accrued benefits to meet solvency requirements, and have used this power at various times in the last 12 years. But this power had never been judicially tested. In Neville v ...
Judgment of the European Court of Justice in Tetra Laval BV v. European Commission (Case C-12/03 P) of 15 February 2005 In its judgment of 15 February 2005 in case Tetra Laval BV v. European Commission, the European Court of Justice (hereinafter the “ECJ”) upheld and confirmed conclusions reached by the Court of First Instance (hereinafter the “CFI”) in its judgment of 25 October 2002 ...
The judgment of the European Court of Justice in European Commission v. max.mobil Telekommunikation Service (C-141/02 P) of 22 February 2005 The plaintiff was an Austrian mobile operator contesting the level of regulatory fees it was required to pay. Specifically, as the claimant indicated, it was subject to fees similar to those applicable to a competing mobile operator owned by the Austrian state ...
Unlimited Liability Corporations Lawson Lundell LLP is committed to excellence in business law. In fulfilling this commitment, we ensure that we are aware of changes in the legal environment and are proactive in identifying opportunities for our clients to benefit from such changes. The recent introduction of legislation in Alberta to allow the creation of unlimited liability corporations (¡§ULCs¡¨) presents such an opportunity. Enclosed is a brief summary of ULCs and their uses ...
As a director you have a duty to act honestly, in good faith and in the best interests of the company. This means you must take proper care of the company's assets and ensure that you don't profit from your position. To this end, when purchasing property from the company, the purchase price should reflect the current market value ...
What is Licensing?Globalization and the opening of international markets generate an increase in trade on a world-wide basis and greater competition between businesses. It has become increasingly difficult for companies to follow the traditional process of developing, manufacturing and distributing products themselves.Licensing is a simple and different way of selling one’s products ...
The Director of Corporate Enforcement is targeting company directors who abandon insolvent companies and leave them to be involuntarily struck off the Register as an alternative to a formal liquidation. The Director has indicated that he will take proceedings under Section 160 of the Companies Act, 1990 to secure disqualification orders against such directors in appropriate cases. He is getting support for this in the High Court ...
Amendments to several provisions of the Mexican Mining Law (the “Law”) were recently passed by the Mexican Congress and published in the Federal Official Gazette on April 28, 2005. The amendments to the Law can be summarized as follows: a) A new governmental body called the “Mexican Geological Service” was created in lieu of the previous Mineral Resources Council ...
In the majority of countries, the rights obtained over a trademark are created by its use and/or its registration. Mexican law follows a mixed or exception system. In effect, the right to the exclusive use of a trademark is obtained by means of its registration, which protects certain products or services (the principle of specificity of products or services); however, its use also produces legal effects before and after the registration ...
Under the current law, for an organisation to be liable for a fatality the 'identification' principle must apply. This first requires an individual to be personally guilty of the wrongdoing. This individual must then be identified as the "controlling mind" of the company. There are several problems with the current system. It is often impossible to identify the "controlling mind" behind the decision which results in the death ...
Enron, WorldCom, Tyco International and Parmalat: names associated with tales of corruption, mismanagement and financial irregularity. But these names are now also synonymous with something else: a raft of reforms to company regulation worldwide. Two such reforms being felt in the UK are the Companies (Audit, Investigations and Community Enterprise) Act 2004, and the FTSE Institutional Shareholder Services (ISS) Corporate Governance Index Series ...
On April 29, 2005, the Court of Appeal rendered a judgment in Pharmascience Inc. v. Option Consommateurs et Piro1 on the constitutionality of the amendments made to the Code of Civil Procedure on January 1, 2003 regarding authorizations to institute class actions. Contrary to the arguments of the appealing pharmaceutical companies, the Court of Appeal held that the amendments are constitutional and do not violate the Quebec Charter of Human Rights and Freedoms in any way ...
The coming into force of the Kyoto Protocol on February 16, 2005 has generated intense discussion and left many unanswered questions for the industrial sector. Over the last two months, the federal government has published several documents that, to a certain extent, uncover its intentions regarding its stated objectives and its strategies for achieving such objectives ...
On April 13, 2005, the government of Canada announced the first phase of Project Green “Moving Forward on Climate Change: A Plan for Honouring our Kyoto Commitment”. Although there is no legislation in force in Canada which requires companies to reduce their greenhouse gas (GHG) emissions, emitting companies should begin preparing for this possibility. In some cases, they should even look at the advantages of immediately trading emission reduction credits ...
This paper is about the role of the pension and benefits lawyer in the context of a merger or acquisition. The paper profiles several recent high profile corporate transactions where pension issues played unexpectedly significant roles. These provide potent examples of how the pension and benefits lawyer should be consulted early on in the transaction process ...
General overview What legislation governs M&A activity in your jurisdiction? M&A activities in Taiwan are primarily governed by the Enterprise Mergers and Acquisitions Law, the Securities and Exchange Law, the Company Law, the Fair Trade Law and the Regulations Governing Tender Offers for Purchase of the Securities of a Public Company ...
The article appeared in the 2005 edition of The International Comparative Legal Guide to: Environment Law; published and reproduced with kind permission of Global Legal Group Ltd, London ...
2004 has again been a very busy year on the M&A and Corporate Finance front, with the building materials, financial services, media and the property sectors dominating. The take private arena has been particularly active. Having been privatised in 2002, eircom was floated again earlier in the year with a market capitalisation of €1.1 billion ...
Outsourcing is not a new phenomenon. As business processes become more complex and costly many Irish companies are concentrating on their core activities and handing over responsibility for running expensive systems and managing large numbers of employees to expert third parties, for an agreed price. Irish companies are also increasingly outsourcing for strategic reasons, looking to leverage the specialist expertise of service providers to open new product and market opportunities ...
In part two of his article on Near and Offshore Outsourcings Dominic Conlon of A&L Goodbody sets out a list of issues which should be considered by any company looking to outsource its service requirements to a provider based in a foreign jurisdiction ...
