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ENSafrica | April 2016

On 30 March 2016, a new Industrial Property Code (the “Code”) came into force in Mozambique. We draw your attention to the following noteworthy changes brought about by the Code: · The deadline for invalidating IP rights on the basis of prior conflicting rights has been shortened from one year to 90 days, calculated from the publication of the initial decision of the Industrial Property Institute (“IPI”) granting the IP right ...

ENSafrica | April 2016

A Chinese court recently ordered a Chinese company that had blatantly infringed one of the world’s better known trade marks to pay significant damages to the trade mark owner. African companies that have heeded their lawyers’ advice and registered their trade marks in China should take heart from this. The facts in this case are simple. The 3M Company has two Chinese trade mark registrations for the trade mark 3M ...

ENSafrica | April 2016

A recent European case in which Adidas successfully objected to a two-stripe device trade mark for footwear is interesting for us in Africa. For starters, it’s a welcome respite from the almost endless stream of bad news that we get from up north regarding non-traditional trade marks – shape trade marks seem to be having a particularly hard time at the moment ...

ENSafrica | April 2016

The Competition Tribunal has imposed a record penalty of R10-million for failure to notify the competition authorities of a merger ...

ENSafrica | April 2016

South African Minister of Economic Development, Ebrahim Patel, has announced that, from 1 May 2016, cartel conduct (price fixing, market allocation and collusive tendering) comprises criminal activity. Directors or persons with management responsibility who participate in cartel conduct or who are aware of cartel conduct and fail to take appropriate action can be criminally prosecuted ...

Wardynski & Partners | April 2016

The fairly long waiting time for registration of trademarks at the Polish Patent Office often means that instead of seeking protection in Poland, businesses decide to register with the European Union Intellectual Property Office (EUIPO, formerly OHIM). Although much more expensive, proceedings there are generally fast and simple. Major changes have now been made to Poland’s Industrial Property Law with the aim of making the Polish Patent Office more competitive with EUIPO ...

Haynes and Boone, LLP | April 2016

On April 14, 2016, the International Swaps and Derivatives Association, Inc. (“ISDA”) published a new version of Credit Support Annex to help market participants comply with new margin requirements for uncleared swaps ...

Haynes and Boone, LLP | April 2016

The unprecedented arrest of two public officials in connection with alleged municipal bond fraud further escalates the government’s relentless patrol of the municipal securities industry. On April 14, 2016, the Securities and Exchange Commission (“SEC”) filed civil fraud charges against the town of Ramapo, New York, the Ramapo Local Development Corp ...

Haynes and Boone, LLP | April 2016

On April 4, 2016, the Department of Justice (“DOJ”) filed a complaint against certain ValueAct entities (“ValueAct”) for failing to comply with the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). Specifically, the DOJ alleges that ValueAct improperly relied on the “passive investment exemption” with respect to the acquisition of shares in Baker Hughes Incorporated (“Baker Hughes”) and Halliburton Company (“Halliburton”) ...

Karanovic & Partners | April 2016

The Republic of Serbia's Commission for Protection of Competition, upon completion of an in-depth procedure, has approved Imlek's acquisition of Niška Mlekara's shares, making them 100% owners of this dairy company. The fulldecision document regarding this case has been published on the Commission'sofficial website ...

Haynes and Boone, LLP | April 2016

In the latest development in the Sun Capital litigation, following remand by the First Circuit Court of Appeals, on March 28, 2016, the Federal District Court of Massachusetts found Sun Capital Partners III, LP and Sun Capital Partners III QP, LP (collectively, “Sun Fund III”) and Sun Capital Partners IV, LP (“Sun Fund IV,” and together with Sun Fund III, the “Sun Funds”) liable for the withdrawal liability of Scott Brass Holding Corp ...

Haynes and Boone, LLP | April 2016

The United States Department of Justice launched a one-year pilot program, effective April 5, 2016, incentivizing companies to disclose facts about corporate officers, supervisors, employees, and agents involved in violations of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq. The FCPA makes it a crime for a U.S. citizen or entity, among others, to bribe a foreign official to gain a business advantage ...

Alta QIL+4 ABOGADOS | April 2016

Using the Infrastructure Development Partnership Law (Ley de Alianzas para el Desarrollo de Infraestructura Económica) enacted in 2010 and its specific Rules, the Guatemalan Government through the corresponding government agencies (Agencia Nacional de Alianzas para el Desarrollo de Infraestructura Económica – ANADIE and the Programa Nacional de la Competitividad – PRONACOM), is promoting a project portfolio under BOP scheme (built/operate/transfer) ...

Karanovic & Partners | April 2016

As we are slowly nearing the mid-point of 2016, it is a good time to look back on the export values of companies in Serbia during the previous year, as it is made possible by a set of Serbian Ministry of Finance's recently published data in this regard. According to the Ministry, the total value of the top 15 exporters in the first seven months of 2015 had totalled at approximately EUR 2.2 billion, asFiat Chrysler Automobiles (FCA) led the way with an export value of EUR 814 million ...

Karanovic & Partners | April 2016

Bosnia Bank International (BBI), with support from its Dubai partners and the government of Dubai, has recently presented the Sarajevo Business Forum(SBF) to entrepreneurs from the United Arab Emirates ...

Heuking | April 2016

1. Background and Issue Labour representation at board level is a well-established part of the German corporate governance system. According to the German Co-Determination Act, a corporation with more than 2,000 employees has to establish a co-determined supervisory board composed of an equal number of shareholders’ and employees’ representatives ...

Karanovic & Partners | April 2016

We have news on the M&A front coming from the south of our region, where there have been reports aboutViva Fresh, a Priština based Kosovan grocery retailer, looking to sell a minority stake to the View More

Karanovic & Partners | April 2016

This blog post, written by Milica Filipović, was published by Compliance Champion Spotlight, a forum for individuals and o

Karanovic & Partners | March 2016

The new Slovenian Public Procurement Act, the ZJN-3 ("Procurement Act"), enters into force on 1 April 2016. After a long period of dual regulation of the general and utility areas of public procurement, the new Procurement Act unifies both areas in a single act, thus invalidating the existing Public Procurement Act - ZJN-2, and the Act Regulating Public Procurement in Water, Energy, Transport and Postal Services - ZJNVETPS ...

Karanovic & Partners | March 2016

On Friday, 25 March 2016, Karanović & Nikolić hosted a lunch on its premises, with the goal of promoting our practice's pro bono activities. Patricia Gannon, Senior Partner, gave a speech where she stressed the importance of actively giving back to society and those members of our community who have never been in a privileged position to do so themselves. The luncheon was concluded with the introduction of lawyers within the practice who have been the most engaged in this area ...

Karanovic & Partners | March 2016

 The new Slovenian Public Procurement Act, the ZJN-3 ("Procurement Act"), enters into force on 1 April 2016. After a long period of dual regulation of the general and utility areas of public procurement, the new Procurement Act unifies both areas in a single act, thus invalidating the existing Public Procurement Act - ZJN-2, and the Act Regulating Public Procurement in Water, Energy, Transport and Postal Services - ZJNVETPS ...

ENSafrica | March 2016

The South African Labour Courts have, until now, not had the opportunity to consider what impact, if any, a so-called “gardening leave” provision may have on the enforceability of a restraint of trade. This issue, among others, came before the Labour Court in Johannesburg in the case ofVodacom v Godfrey Motsa and MTN Group (J74/16). Judgment was handed down by Van Niekerk J on 9 February 2016 ...

Karanovic & Partners | March 2016

In a recent statement to the press, the Slovenian Minister of Economic Development and Technology, Zdravko Počivalšek, labelled the Serbian spas as great tourism potentials and 'undiscovered gems', before continuing to declare Slovenian interest for investing in them ...

ENSafrica | March 2016

Do hashtag trade marks need special consideration? There’s been quite a bit of discussion on the issue of hashtag trade marks of late, and there was a particularly useful article on the topic in a recent edition (1 February 2016) of the International Trademark Association (“INTA”) Bulletin. The article was entitled “Are Hashtags Capable of Trademark Protection under U.S. Law?”, and it was written by Carrie L. Kiedrowski and Charlotte K. Murphy of the firm Jones Day ...

Karanovic & Partners | March 2016

Chambers & Partners has published the latest edition of its guide this month, and we are pleased to announce that Karanović & Nikolić has once again been included in its list of the best legal practices in the world. The Chambers guides are the culmination of thousands of in-depth interviews conducted by the largest research team of its kind, with a globally attained credibility in objectively ranking the world's best legal practices from more than 190 countries in total ...