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Page 17 - சட்டப்பூர்வமானது முன்னேற்றங்கள் News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Calculation of damages in cases of misappropriation of trade secrets and copyright infringement

Introduction In Swedish IP litigation, claims for damages in cases of misappropriation of trade secrets are commonly coupled with claims for damages based on copyright infringement. Thus, litigation which combines trade secrets and copyright has become something of a trend in Sweden, and the question of how to apply the different provisions in the new Trade Secrets Act and the Copyright Act continues to vex the courts. In its first judgment of 2021,(1) the Labour Court used a textbook case of misappropriation of trade secrets – where a previous employee had absconded with trade secrets and copyright-protected works that were subsequently used by his new competing venture – to clarify the method for calculating total damages under both legal regimes.

Employees right to disconnect

Introduction Since 2018 companies have had an obligation to guarantee employees right to disconnect – that is, disengage from work-related electronic communications – in order to ensure that employees take daily and weekly rest periods and their annual leave. While there are still many companies that have not implemented policies that guarantee this right to their employees, the first legal rulings tackling discrepancies in interpreting this right are beginning to emerge. On 4 November 2020 the Madrid High Court of Justice clarified that employees right to disconnect does not prevent employers from requesting employees to provide services outside their usual working hours. Facts An employee was instructed to undertake a two-hour online training course in his own time without changing his monthly working shifts.

Ministry of Corporate Affairs provides exemptions to companies with listed debt securities

On 19 February 2021 the Ministry of Corporate Affairs brought much-awaited relief to purely debt-listed public and private companies by exempting them from the purview of listed companies (and associated compliances) under the Companies Act 2013 and the rules thereunder. This amendment comes into effect on 1 April 2021. Amended definition of listed company The following company categories have been excluded from the definition of listed company under the Companies Act 2013 through an amendment to the Companies (Specification of Definitions Details) Rules 2014: public companies that have not listed their equity shares but have listed non-convertible debentures or non-convertible redeemable preference shares under an applicable law, on a private placement basis;

Mandatory disclosure rules

Introduction The Taxation (Implementation) (International Tax Compliance) (Mandatory Disclosure Rules for CRS Avoidance Arrangements and Opaque Offshore Structures) (Jersey) Regulations 2020 are expected to come into force shortly. The regulations will primarily affect promoters and service providers of certain arrangements, implementing a 30-day window to report disclosable arrangements to the Comptroller of Revenue. Failure to comply may lead to financial penalties and, in some instances, criminal penalties. It is important that intermediaries and certain taxpayers become astute to the requirements of the regulations and ensure that they are ready and able to comply with the new reporting obligations. Background The regulations will implement a mandatory disclosure regime which is closely aligned with the Organisation for Economic Cooperation and Development s (OECD s) Mandatory Disclosure Rules of Common Reporting Standard (CRS) Avoidance Arrangements and Opaque Offshore Struct

New cycle of competitive procedures for operational support

The Regulatory Authority for Energy recently announced the commencement of the competitive procedure for determining the reference price for renewable energy source project operational support. This new cycle was launched by Decision 1648/2020 on a joint competitive bidding procedure for the selection of the photovoltaic and wind plants which will be included in the operation support scheme. Applications to participate in the auctions may be submitted until 22 March 2021.

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