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Growing e-commerce market entails increased brand protection measures

According to the latest Webshoppers report, Brazilian e-commerce grew by 47% in the first half of 2020, the highest recorded increase in the past 20 years. There is therefore an increased need to protect trademarks in the digital environment. Engaging online brand protection services can be an effective method of mitigating all forms of trademark abuse online, enabling owners to consistently enforce their brand rights.
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Intellectual property: the lesser-known actor in film making

In the film industry a lesser-known actor, so to speak, is intellectual property. This article explains the ins and outs of creative rights in the film industry. Film makers must be able to prove that they own all of the rights to every piece of content in their film. If film makers did not originally create something, they will need a document showing that they have authority (usually ownership of all rights, including in particular, copyright) of use and copying.
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Directors' role in ensuring that overseas companies are and remain non-UK resident for tax purposes

Introduction Directors of non-UK-incorporated, non-UK tax resident companies which have some connection with the United Kingdom (eg, UK shareholders) have an important role in ensuring that the company in question does not become UK tax resident. In the recent case of HMRC v Development Securities PLC, the Court of Appeal held that a Jersey-incorporated company with a majority of Jersey-based directors was UK resident. Although the facts of the case were unusual, some useful pointers as to wha...
United Kingdom Justice Nugee Supreme Court Development Securities United Kingdom Incorporated United Kingdom Resident

New commitment mechanism turns the tide in ongoing investigations

Introduction On 24 June 2020 Law 7246 Amending the Law on the Protection of Competition entered into force and introduced significant changes to Turkish competition law, including with regard to the commitment mechanism. The commitment mechanism allows undertakings and trade associations to make commitments in the course of an ongoing preliminary investigation or a full-fledged investigation process to address competition concerns (except hardcore violations) arising from Articles 4 and 6 of La...
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LCIA Rules 2020: key changes

The new London Court of International Arbitration (LCIA) Rules 2020 came into force on 1 October 2020 and apply to all LCIA arbitrations commencing from that date onwards. The amendments are an attempt to streamline and modernise the LCIA rules. This article discusses the key changes introduced by the new rules and their likely impact on parties.
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Protecting product appearance through trademark and design registrations

Consumers recognise products not only by the words and logos on their packaging, but also by their look and feel, including their shape and colour. Both copyright law and fair trade practice law provide legal protection to the look and feel of products. Where possible, IP owners should also seek protection for their products' appearance by obtaining a registration certificate under trademark and design law, which can be a strong asset if a dispute arises.
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Registering a foreign power of attorney

If a person holds assets in Jersey, they may wish to appoint someone who can manage those assets in the event that they should lose capacity to such an extent that they can no longer do this themselves. At present, there is no facility for such individual to put a local Jersey lasting power of attorney in place to cover their Jersey-based assets. Instead, the Royal Court will recognise the foreign power of attorney, provided that power of attorney is registered with the court.
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Law on secondment of employees enters into force

The Law of 15 December 2020 modifying the Labour Code in order to transpose the EU Posted Workers Directive (2018/957/EU) was published in Mรฉmorial A 1024 on 18 December 2020 and entered into force on 22 December 2020. This article highlights the main new points of attention for employers and employees. Extension of mandatory provisions that employers must respect Employers whose main office is based outside Luxembourg and which are posting workers to Luxembourg within the context of providin...
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Italy ratifies ILO Violence and Harassment Convention

Italy has ratified the International Labour Organisation Violence and Harassment Convention, which will have a significant impact on employment law. Employers will have concrete new obligations with respect to a broader range of behaviours, involving a larger number of people and situations. This will affect the regulations that employers must implement internally and their responsibility for health and safety in the workplace (and work-related situations).
International Labour Organisation Harassment Convention Number Official Gazette Harassment Convention Equal Opportunities Code Legislative Decree

Law enters into force on secondment of employees in Luxembourg

The Law of 15 December 2020 modifying the Labour Code in order to transpose the EU Posted Workers Directive recently entered into force. This article highlights the main new points of attention for employers and employees, including with regard to the extension of mandatory provisions that employers must respect, the principle of equal treatment in terms of remuneration and work postings organised by temporary agencies.
Ariane Claverie Labour Code Workers Directive Labour Inspectorate Guy Castegnaro Law Firms

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