Latest updates
ETS pilot programme on horizon
Hogan Lovells BSTL SC- Environment & Climate Change
- Mexico
- 16 December 2019
The preliminary bases for Mexico's emissions trading system (ETS) pilot programme were recently published in the Federal Official Gazette. The ETS is one strategy adopted by Mexico to meet its goals under the Paris Agreement. The pilot programme will determine whether the ETS is a viable scheme for reducing Mexico's greenhouse gas emissions. Companies should follow the results closely, as these will be paramount in determining the characteristics of the operational phase.
Free-riding on reputation of LOUIS VUITTON mark
Danubia Patent and Law Office LLC- Intellectual Property
- Hungary
- 16 December 2019
There have been relatively few 'free-riding' trademark cases in Hungary since the country's laws were harmonised with EU law in 1997. However, in a case involving the unfair use of the LOUIS VUITTON mark, the courts' decisions correspond to, and provide a helpful reminder of, the European Court of Justice's test for determining whether a party has taken unfair advantage of a mark's reputation.
Expanded protection for graphic images under revised Design Act
Nishimura & Asahi- Intellectual Property
- Japan
- 16 December 2019
The Ministry of Economy, Trade and Industry recently announced on its website that a Cabinet order of 1 November 2019 had declared that the reformed Design Act will come into force on 1 April 2020. Under the revised act, the scope of what constitutes a protectable design will be expanded; however, protection will be limited to commercial activities and not extended to using graphic images registered as designs for private activities.
Federal Court of Appeal confirms obviousness finding in Section 8 bortezomib action against Teva
Smart & Biggar- Intellectual Property
- Canada
- 16 December 2019
In 2018 the Federal Court granted Teva's claim for compensation under Section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to Teva's bortezomib product. According to Justice Locke, Teva would not have infringed Patents 2,203,936 and 2,435,146 because their relevant claims were invalid for obviousness. The Federal Court of Appeal has now upheld the finding of obviousness, dismissing Millennium Pharmaceuticals' and Janssen's appeal.
Asset Tracing, Recovery and Management Regulations enter into force
Sofunde Osakwe Ogundipe & Belgore- White Collar Crime
- Nigeria
- 16 December 2019
The Asset Tracing, Recovery and Management Regulations 2019 recently came into effect, replacing the existing Proceeds of Crime Regulation 2012. The regulations set out procedures for all law enforcement and anti-corruption agencies – which are supervised by the Attorney General's Office – to ensure the effective coordination of the investigation of illegally acquired assets and the proceeds of crime, among other things.
Digital tax developments
Fischer Behar Chen Well Orion & Co- Corporate Tax
- Israel
- 13 December 2019
The Organisation for Economic Cooperation and Development (OECD) set a goal to deliver by 2020 a final report that includes a consensus approach with respect to the challenges of the digital economy, both the allocation of taxation rights (pillar one) and Base Erosion and Profit Shifting issues (pillar two). What are the latest proposals of the OECD and where does Israel stand?
Federal Council adopts dispatch to improve legal framework for blockchain and DLT
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 13 December 2019
The Federal Council recently adopted a dispatch message to improve the legal framework governing distributed ledger technologies (DLT) in Switzerland. The Federal Council's objective is to increase legal certainty, remove obstacles to DLT-based applications and limit the risk of abuse. The Swiss parliament will examine the dispatch message in early 2020.
Clawback: chasing assets
ALTIUS- Insolvency & Restructuring
- Belgium
- 13 December 2019
The legal form of the actio pauliana offers options for creditors which are confronted with debtors that are disposing of important assets or organising their insolvency. This article reflects on some of the options offered under Belgian law by the actio pauliana, commonly referred to in English as the 'clawback' rules.
Regulator clarifies key aspects of trademark use in keywords
Gorodissky & Partners- Tech, Data, Telecoms & Media
- Russia
- 13 December 2019
Keywords play an important role in e-marketing. After typing a specific product name, company name or brand in a search engine, potential customers and users may view specific offers and data, including ads. Further, the list of offers may represent certain keywords selected by an advertiser. Unsurprisingly, the selection and reproduction of designations as keywords can trigger various trademark use concerns that inevitably lead to enforcement issues.
Main changes to company taxation in 2020
Gorodissky & Partners- Corporate Tax
- Russia
- 13 December 2019
Over the past year, Parliament has adopted several laws amending the Tax Code regarding the taxation of legal entities. This article examines the most significant tax innovations expected in the corporate sector in 2020 which concern corporate income tax, transport and land taxes and changes in tax administration rules.
New cryptography law comes into force
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 13 December 2019
The Standing Committee of the National People's Congress recently approved the Cryptography Law. Under the law, cryptography is divided into core cryptography, ordinary cryptography and commercial cryptography. If a commercial cryptography product concerns state security, the national economy, people's livelihoods or social public interests, it will be included in the catalogue of critical network equipment and dedicated cybersecurity products under the law.
Administration tests waters for unprecedented government review of international technology transactions
Arent Fox LLP- International Trade
- USA
- 13 December 2019
Providers of telecoms, internet and digital services, as well as IT vendors and equipment manufacturers, will soon find doing deals with foreign entities a little more risky and complicated. A new review process soon to be underway at the Department of Commerce is designed to ferret out transactions that pose a threat to US national security, but provides parties whose deals are being evaluated little time to comment.
CAT upholds decision on outdoor media owners' discount rates
Gorrissen Federspiel- Competition & Antitrust
- Denmark
- 12 December 2019
The Competition Appeals Tribunal recently upheld a decision by the Competition Council which found that two outdoor advertising companies, Clear Channel Danmark A/S and AFA JCDecaux A/S, had coordinated discount rates through an agreement. The council found that this anti-competitive behaviour had continued as a concerted practice for several years after the agreement had expired.
Supreme Court confirms that inadequately justified arbitral award amounts to arbitrator misconduct
George Z Georgiou & Associates LLC- Arbitration & ADR
- Cyprus
- 12 December 2019
In a recent Supreme Court case, the appellant appealed against a first-instance judgment in which he had sought to annul an arbitral award. The dispute related to the non-payment of a loan granted by the respondent to the appellant and a subsequent challenge of the amount owed. Arbitration had taken place in which the arbitrator had issued his decision in favour of the respondent.
Institutional cooperation to address competition challenges of digital economy
SAI Law & Economics- Competition & Antitrust
- Mexico
- 12 December 2019
The Federal Telecommunications Institute (IFT) has exclusive jurisdiction over cases, procurement and advocacy in competition matters relating to the broadcasting and telecoms sectors, while the Federal Economic Competition Commission (COFECE) has jurisdiction in competition matters regarding all other sectors. While this allocation of jurisdiction between the IFT and the COFECE may appear straightforward, in reality, there is no clear-cut division of powers with regard to digital markets.
It's confirmed! CIPAA applies prospectively to construction contracts
Shearn Delamore & Co- Arbitration & ADR
- Malaysia
- 12 December 2019
After much anticipation, the Federal Court has finally confirmed that the Construction Industry Payment and Adjudication Act 2012 applies only to construction contracts entered into after the act took effect on 15 April 2014. As such, any adjudication proceedings based on a claim arising from a construction contract which was entered into before that date, including adjudication decisions, are null and void.
Court exempts airline from Immigration Authority fine
Freidenberg Freidenberg & Lifsic- Aviation
- Argentina
- 11 December 2019
The Immigration Authority (DNM) repeatedly imposes substantial fines on carriers. Despite the fact that in many cases these fines have been wrongly imposed, airlines must pay any outstanding fines in order to file a judicial complaint against the DNM, so the fines are widely viewed as another cost of operating in Argentina. That said, a number of airlines have recently challenged the DNM's fines and the courts have given a clear sign that, even with the above difficulties, it is worth challenging this legal loophole.
Superior Labour Court rules out simultaneous use of hazard allowance and risk premium
CGM Advogados- Employment & Benefits
- Brazil
- 11 December 2019
The Labour Code provides for two payments which eligible employees can receive in addition to their base salary: the hazard allowance and the risk premium. Since 2015, the Superior Labour Court panels have issued conflicting decisions on whether employees can receive the hazard allowance and the risk premium simultaneously. Now, the Superior Labour Court has determined that the additional payments cannot be received simultaneously, even if employees are exposed to different adverse conditions.
Delivery damaged – only damaged pallets and packaging are liable for reimbursement
Arnecke Sibeth Dabelstein- Shipping & Transport
- Germany
- 11 December 2019
No matter how well goods are packaged and how great the effort of a carrier to consign a delivery in perfect condition to the customer, damage to goods, pallets and packaging cannot always be avoided. If damage occurs, the carrier will quickly be faced with a claim for damages, either from the shipper, the recipient or their insurer. The Federal Court of Justice redefined the calculation of damages in a ruling at the end of 2018.
Moral harassment in the workplace: what is Luxembourg's stance?
Castegnaro- Employment & Benefits
- Luxembourg
- 11 December 2019
The International Labour Conference recently adopted Convention 190 on Violence and Harassment at Work, which reminds member states of their responsibility to promote a general environment of zero tolerance. In its preamble, the convention states that violence and harassment in the world of work can be a violation of human rights and threaten equal opportunities and are incompatible with decent work. But what is the legal framework in Luxembourg?
