Page 5 - Law Developments News Today

Introduction The Patent and Market Court (PMC) recently decided that the trademark GLENETT could be registered, even though it included the element glen, which – according to the Scotch Whisky Association – was closely associated with the registered geographical indication (GI) Scotch Whisky. The Scotch Whisky Association had asserted that the trademark GLENETT would evoke an association between any products bearing the trademark and the GI in the minds of the relevant public and would thus...

One of the most pressing audit issues for large taxpayers today centers on the Internal Revenue Code (Code) Section 965 transition tax. The Internal Revenue Service (IRS) has designated Code Section 965 as a campaign issue and is actively auditing taxpayers transition tax calculations and positions, along with other tax reform items. The stakes are high, particularly given the potential to pay this tax over a period of eight years. On March 23, 2021, the IRS released a Practice Unit that provid...

Introduction In recent years, tobacco-free nicotine pouches, which are intended to be placed under the lip, have existed in a grey area with no clear rules or regulations to govern, for example, the warning labels which they must carry or their marketing. The government has therefore assigned to the Ministry of Health and Social Affairs the task of assessing and analysing how such products should be regulated. On 31 March 2021 the results of the analysis will be presented. This article discusse...

Introduction It has become increasingly clear that after the initial shock caused by the COVID-19 lockdowns, businesses will face lasting challenges, including disrupted supply chains, declining demand and increased financing costs. Against this background, a growing number of investors will need to assess how to deal with distressed business units or entire companies. This article provides an overview of corporate and financial reorganisation options, particularly with regard to the sale of di...

Introduction The COVID-19 pandemic has put unprecedented strain on organisations of all sizes across all industries. The uncertainty of the new normal is forcing employers all over the world to consider various new policies as workers return to the workplace. To properly navigate the complexities of these novel COVID-19 employment issues, employers need innovative but practical solutions. With the COVID-19 vaccination process underway, employers are navigating unprecedented issues within their ...

Section 3(h) of the Law on Trademarks (22,362) prohibits the registration of a persons name, pseudonym or portrait as a trademark without either their consent or that of their heirs up to the fourth degree. Cuba Ron SA applied to register the trademark ARECHABALA under Class 33 in Argentina. Maria Catalina Arechabala Arechabala opposed the registration, arguing a lack of legitimate interest on the part of the applicant and the grounds of Section 3(h) of the Law on Trademarks. The controversy in...

Creation of inventions, utility models or industrial designs For inventions, the amount of remuneration must be 30% of the employees average monthly wage over the previous 12 months. For models or designs, the amount of remuneration must be 20% of the employees average monthly wage over the previous 12 months. Payment must be made within two months of the patent grant or the employers decision to keep the information secret. If the patent was not granted because of circumstances under the emplo...

forum non conveniens applied. Forum for administration clause Kawaley J agreed that the nature or legal character of the dispute is relevant (applying the decision of Crociani v Crociani (7)) in deciding whether a jurisdiction clause in a trust deed applies: The question of whether a forum for administration clause, irrespective of whether it is expressed to be exclusive or not, confers exclusive jurisdiction on the relevant court is an arid debate if the context in which the question arises i...

Whats new in the 2021 ICC rules on joinder and consolidation? The most notable change in the new 2021 International Chamber of Commerce (ICC) Arbitration Rules, which are applicable to all ICC arbitrations initiated from 1 January 2021, is to make it easier to join an additional party to a pending arbitration. Under Article 7 of the 2017 ICC rules, a request for joinder made after the confirmation or appointment of any arbitrator was subject to the unanimous consent of all parties. However, the...

Introduction The Grand Court recently considered the statutory moratorium against commencing proceedings against a Cayman company which has been placed into liquidation. In BDO Cayman Ltd v Ardent Harmony Fund Inc (in Official Liquidation),(1) the Grand Court held that a plaintiff which launches originating proceedings against a company in liquidation, seeking adverse orders against that company, "patently requires leave" of the court to bring the proceedings. The Grand Court also held that th...