Latest updates
Relationship between new Anti-unfair Competition Law and Paris Convention: websites and domains
Wanhuida Peksung- Intellectual Property
- China
- August 20 2018
Article 6(1)(3) of the new Anti-unfair Competition law prohibits the unauthorised use of a website name, webpage or the main parts of a domain name with a certain level of influence. By way of an analysis of this provision from the perspective of Article 10bis of the Paris Convention and a comparison with the corresponding provisions of the Trademark Law, it is possible to examine how it will redefine the legal landscape for protecting commercial signs in China.
ATSDR asserts that perfluoroalkyl compounds may endanger human health at low levels
Sidley Austin LLP- Environment & Climate Change
- USA
- August 20 2018
The Agency for Toxic Substances and Disease Registry recently released a draft toxicological profile for perfluoroalkyl compounds which asserted that they may be harmful to human health at low levels. Due to their non-stick properties, perfluoroalkyl compounds have been used as non-stick coatings for cookware, as paper and cardboard surface coatings and in firefighting foam.
Refusal of consent under AML reporting regime: Royal Court weighs in
- White Collar Crime
- Guernsey
- August 20 2018
The Financial Intelligence Service's recent refusal to consent to a proposed transaction under Guernsey's anti-money laundering reporting regime has resulted in the Royal Court deciding its first private law action between the person claiming the asset and the financial institution holding it. The decision clarifies the legal framework for determining the source of funds, which will be highly relevant to all regulated entities in Guernsey.
Outside statements used as exhibits for identifying ordinary skill
Lee and Li Attorneys at Law- Intellectual Property
- Taiwan
- August 20 2018
In patent disputes, claim construction and a person having ordinary skill in the art determination often become the focus of the parties' arguments. Based on the principle of good faith and the doctrine of estoppel, it is common for one party to quote statements made by the other party outside the litigation proceedings as a basis for interpreting the claims or identifying ordinary skill. The Supreme Administrative Court recently assessed whether such statements may be used as evidence.
New Trade Secrets Act implements EU directive
Advokatfirman Lindahl- Intellectual Property
- Sweden
- August 20 2018
A new Trade Secrets Act, which implements the EU Trade Secrets Directive, recently entered into force. Even if the strengthened position for trade secret owners is welcome, discrepancies remain between trade secrets and other IP rights. Further, any dispute on trade secrets will not be subject to the jurisdiction of Sweden's specialised IP courts – jurisdiction will remain vested in the courts of general jurisdiction and often subject to labour dispute rules.
CEQ requests comment on how to update National Environmental Policy Act implementing regulations
Sidley Austin LLP- Environment & Climate Change
- USA
- August 20 2018
The White House Council on Environmental Quality recently published an advance notice of proposed rulemaking in the Federal Register, seeking comment on how best to update its implementing regulations for the National Environmental Policy Act. The Trump administration has identified the National Environmental Policy Act process as a key contributor to slowing down infrastructure projects and has floated changes to it on several occasions.
Companies can now distribute dividends on a quarterly basis – but will they?
Schoenherr- Company & Commercial
- Romania
- August 20 2018
Until recently, Romanian companies could distribute dividends to shareholders only on an annual basis and on approval of their annual financial statements at the end of each financial year. This paradigm has changed and companies can now opt to distribute their dividends annually or quarterly. Although these newly acquired corporate rights have been widely welcomed within the Romanian business markets, they may initially be treated with suspicion by entrepreneurs.
Latest negative list opens power sector up to foreign investors
Broad & Bright- Energy & Natural Resources
- China
- August 20 2018
The 2018 negative list was released in the middle of the current Sino-US trade war and is thus largely a gesture to show China's commitment to making consistent, reformative progress towards trade liberalisation. The new negative list has significantly opened the market up to foreign investment, particularly in the energy sector. Among the restrictions which have been lifted are those regarding power grid construction and the exploration and exploitation of oil and natural gas in free trade zones.
New forest regulation aims to improve resource management
Hogan Lovells BSTL SC- Environment & Climate Change
- Mexico
- August 20 2018
In recent years, Mexico has seen the significant deterioration of its forest resources, making it one of the 10 worst countries in terms of deforestation. To combat this issue, the New General Law for Sustainable Forest Development was recently published in the Federal Official Gazette. The law is an attempt to focus Mexico's forestry regulation on better management of resources, while also safeguarding human rights and social involvement.
Foreign employers face penalties for non-compliance with working and wage conditions regarding notification procedure
Suter Howald Attorneys at Law- Immigration
- Switzerland
- August 17 2018
Under the Agreement on the Free Movement of Persons, nationals of EU and European Free Trade Association states have the right to freely choose their place of work or residence within the territories of the contracting parties. Accompanying measures have been introduced to protect workers from the risk of non-compliant working and wage conditions that could occur with the free movement of persons. The measures are largely regulated by the Federal Act on Posted Workers and its ordinance.
White House ups Section 301 ante, China responds
Arent Fox LLP- International Trade
- USA
- August 17 2018
A US trade representative recently issued a statement advising that President Trump had directed him to consider raising the previously proposed 10% additional duty to be applied to $200 billion worth of Chinese goods (referred to as the List 3 products) to 25%. Importers are urged to review their imports from China and, if they are importing any of the products on List 3, to consider, at a minimum, filing written comments and possibly appearing at the scheduled public hearing.
Bank governance and internal controls
VdA- Banking
- Portugal
- August 17 2018
The Banking Law establishes that the management and supervisory bodies of credit institutions in Portugal are responsible for defining, overseeing and implementing adequate governance to ensure the institutions' effective and prudent management, including the segregation of duties and the prevention of conflicts of interest. Further, banks must disclose information regarding the remuneration of corporate bodies and employees to the Bank of Portugal or the Single Supervisory Mechanism.
Uncertainty surrounding legal status of foreign employees
- Immigration
- Indonesia
- August 17 2018
The employment of foreign citizens in Indonesia is subject to various restrictions, including with regard to employment terms. Foreign employees can be employed only on a temporary basis and thus cannot be considered permanent employees. However, they also cannot be considered fixed-term employees under Articles 56 and 59 of the Manpower Law. Despite this framework, mediators and the Industrial Relations Court have expressed inconsistent views on the legal status of foreign employees.
Tax exemptions for loan restructuring implemented
Elias Neocleous & Co LLC- Corporate Tax
- Cyprus
- August 17 2018
Following the extension of tax relief for the disposal of immovable property for the restructuring non-performing loans introduced by Laws 96(I)/2018, 98(I)/2018, 99(I)/2018 and 100(I)/2018, the Tax Department has announced that its Form 415 (Disposal of Property due to Loan Restructuring) has been revised and that a new Form 415B (Immovable Property Declaration due to Loan Restructuring – Supplementary Certificate) has been published.
Swiss financial regulators ahead of EU curve
Meyerlustenberger Lachenal- Banking
- Switzerland
- August 17 2018
The European Parliament and the European Council recently expanded the scope of the EU anti-money laundering and combating the financing of terrorism regulations to cover cryptocurrencies and virtual currencies. While the directive will not apply directly to Switzerland, Swiss financial regulators remain ahead of the curve. Since 2016, the Financial Market Supervisory Authority has widened the scope of certain banking regulations relating to money transmitting and remitting services to cover virtual currencies.
New approach to beneficial owners of income
Gorodissky & Partners- Corporate Tax
- Russia
- August 17 2018
The Federal Tax Service (FTS) recently issued a letter providing an extensive explanation of the tax authorities' application of the beneficial owner of income (BOI) concept. This concept was previously referred to only in the international tax treaties between Russia and other states, but has recently been actively implemented into Russian tax legislation. In this regard, the FTS's letter is of great interest, as it summarises the approach of both the courts and the tax authorities with regard to resolving BOI issues.
Singapore and BVI courts cooperate against cross-border fraud
Harney Westwood & Riegels- Private Client & Offshore Services
- British Virgin Islands
- August 16 2018
The Singapore Court of Appeal recently ruled to reinstate and expand a Mareva injunction against fraudster defendants in a conspiracy claim, providing strong support for an earlier decision of the BVI Commercial Court in related proceedings. The decision demonstrates the importance of consistency between courts in multiple jurisdictions in complex cross-border cases.
Supreme Court upholds CCI's interpretation of Section 4(2)(c) of Competition Act
Vaish Associates Advocates- Competition & Antitrust
- India
- August 16 2018
The Supreme Court recently set aside the Competition Appellate Tribunal's decision in which, while dismissing a Competition Commission of India (CCI) order, it had held that a denial of market access as envisaged under Section 4(2)(c) of the Competition Act can be occasioned only to a competitor. While rejecting the narrow interpretation of Section 4(2)(c) of the act, the Supreme Court held that the CCI has a positive duty to eliminate all practices which adversely affect competition.
Competition Protection Agency adopts commitments for Renault
Schoenherr Attorneys at Law- Competition & Antitrust
- Slovenia
- August 16 2018
In 2017 the Competition Protection Agency initiated proceedings against Renault. The company was suspected of treating authorised mechanics and independent mechanics differently, which gave the agency grounds to believe that Renault had abused its dominant position. In response, Renault proposed remedies in an attempt to address the agency's concerns and eliminate the alleged anti-competitive effects on the market. The agency recently closed the proceedings and accepted the commitments.
SAMR finalises long-awaited reform of its antitrust agency
AnJie Law Firm- Competition & Antitrust
- China
- August 16 2018
The finalised three-pronged plan for consolidating China's antitrust agencies under the State Administration for Market Regulation was recently released. This initiative has been anticipated and speculated on since the central government's release of its structural reform plan in March 2018. According to the government's plan, the three-pronged plan should have been released in June 2018, but this was substantially delayed due to differences of opinion regarding the reform.
