In two previous verdicts a district court found that prorogation of jurisdiction can be validly agreed in a yacht insurance contract, even where consumer interests are concerned and the contract requires that legal proceedings be brought in a court in the insurer's home country. In a recent decision, a high court found that the European Court of Justice (ECJ) should be asked for a preliminary ruling. The question for the ECJ is does the EU directive regarding 'large risks' include vessels bought for private use?
structural telework, which is regulated by Collective Labour Agreement (CLA) Number 85; and
occasional telework, which is regulated by the Act on Workable and Agile Work.
Due to the COVID-19 pandemic, a third category has been added: COVID-19 telework, which was previously recommended but has now been made compulsory again by the government. Until recently, this COVID-19 telework category was a
sui generis regime for which no legal framework had been developed. However, the National Labour Council has now concluded CLA Number 149, which creates such a legal framework.
The new CLA Number 149 does not apply to companies that already had a structural or occasional telework regime in place before 1 January 2021 that was included in a CLA, an individual agreement or a telework policy.
Yes – the main IP protection treaties to which Peru is a party are:
the General Inter-American Convention for Trademark and Commercial Protection (the Washington Convention);
the Paris Convention for the Protection of Industrial Property;
the Patent Cooperation Treaty; and
the Berne Convention for the Protection of Literary and Artistic Works.
Trends
What do you consider to be the most significant IP developments to have taken place in your jurisdiction in recent years?
The most significant development has been the cancellation of the official fees for the filing of collective trademarks.
What are the major IP developments currently unfolding in your jurisdiction?
Introduction
The Turkish Grand National Assembly has promulgated the Act on the Prevention of the Financing of Propagation of Weapons of Mass Destruction (7262), published in the
Official Gazette (31351) on 31 December 2020, which foresees material amendments to the Commercial Code s provisions regarding bearer share certificates. Although these amendments may seem misplaced, they are the result of long deliberation and deep international cooperation. The act aims to implement the United Nations Security Council s measures on this matter.
Key points
The amendments include the following.
The Ministry of Trade may oblige that the share ledger, the board of directors resolution book and the book of the general assembly meeting and discussion be kept electronically – without prejudice to the Capital Markets Law (6362).
What statutes, regulations or case law govern IP rights in your jurisdiction?
IP rights are governed by the Federal Constitution, the IP Law and the Copyright Law, as well as various international agreements (see below).
Are there restrictions on how IP rights may be enforced, licensed or otherwise transferred?
There are restrictions on the recordal of licence agreements when royalties are paid to other countries.
Which authorities are responsible for granting, administering and enforcing IP rights in your jurisdiction?
The Brazilian Trademark and Patent Office (BTPO) and the Brazilian Copyright Office are responsible for granting IP rights. The state courts are responsible for enforcing IP rights.