Regions

Intellectual Property Court clarified the burden of proof in IP recourse dispute

In mid-July Intellectual Property Court reviewed the case No. A41-57417/2014, under the auspices of which the seller of counterfeit goods had claimed damages from the manufacturer of these goods.

The right to claim damages is expressly established in art. 1250 (4) of Russian Civil Code (as amended on October 1, 2014). This provision stipulates that a person or company is entitled to submit a recourse claim if they were obliged to pay compensation for the committed intellectual property infringement in absence of its fault or guilt.

Under the merits of the case, the claimant (Techelectromontazh) was the seller of counterfeit goods manufactured by the respondent (Dekanter).

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USDOL Issues New FLSA and EPPA Posters

E. Jason Tremblay

E. Jason Tremblay

The U.S. Department of Labor (DOL) recently issued slightly revised workplace posters under the Fair Labor Standards Act (FLSA) and the Employee Polygraph Protection Act (EPPA). The new EPPA poster includes updated information regarding civil penalties to employers for violating the Act. The new FLSA poster includes new information regarding worker classification issues, lactation breaks and civil penalties.

All employers governed by these two Acts must immediately post copies of each poster in a conspicuous place in each of their work locations. Luckily, both posters are available online from the DOL website. Therefore, you can simply print off the new copies of the posters and replace your existing two posters. Click to go to the FLSA and EPPA Web pages for a copy of the new posters.

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BC’s new Societies Act, effective November 28, 2016

Societies need flexibility when managing incorporation, membership and governance matters. In response to this need, the legislation governing societies is changing. All BC societies must comply with the new Societies Act, which comes into effect November 28, 2016. We are prepared to help societies with their transition. To learn more, visit our Societies Act page.

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Trust as Currency in the Digital Age

I had the great pleasure of moderating a panel at AdWeek Europe on the issue of trust earlier this year. The session was titled “Trust: Digital’s New Currency,” and there was broad agreement on the panel—which included among others the CEO of Clear Channel UK, the European Editor of Newsweek, and Phil Stokes, partner, Entertainment & Media Industry, PwC EMEA—that in today’s environment, trust is a valuable currency indeed.

It always has been. Before consumers act on an advertising or marketing message, after all, they need to trust it. In the digital age, however, it seems that consumer trust is under threat from more sources than ever before. If consumers aren’t knowledgeable and wary of digital scams, they can soon … Continue Reading

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Changes to Taxation of Settlement Payments

The government has published draft legislation which will make changes to how settlement payments are taxed. These changes are not intended to come into force until April 2018 and will have an effect on what parties may be willing to offer or accept when entering into a settlement agreement.

At present, non-contractual payments received by way of compensation for loss of employment are subject to income tax, although the first £30,000 of such payments is tax free. There are some complications in the rules, such as exceptions for certain types of payment, and a distinction regarding payments which amount to earnings rather than compensation for termination of employment. The changes to be introduced are intended to simplify the taxation of settlement payments.

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In no mood for charity: Federal Court confirms that charities are not necessarily public authorities

The Federal Court of Canada recently confirmed in Starbucks (HK) Limited v. Trinity Television Inc., 2016 FC 790 (the “Decision”) that status as a charity is, in and of itself, insufficient to constitute an entity as a public authority for the purpose of obtaining an official mark.

(For a discussion about official marks and their interplay with regular trade-marks, please see this previous post on our blog.)

The facts leading up to the Decision are straightforward: in 2013, Starbucks (HK) Limited (“Starbucks”) filed an application to register the trade-mark NOW TV & Design.  During prosecution, an official mark for NOWTV, owned by Trinity Television Inc. (“Trinity”), was cited against the Starbucks application.  In response, Starbucks commenced a judicial review application against the Registrar’s decision – made in June 2001 – to give public notice of the adoption and use of NOWTV as an official mark.

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The Law on collecting overdue debts of individuals

Federal Law N 231-FZ dated 3.6.2016 «Оn protection of rights and legal interests of individuals at implementation of activity on overdue debt collection and on amendments to the Federal Law «On microfinance activity and microfinance entities» has been officially published on 06.06.2016.

The Law also known as «The anti – collectors Law» due to prior broad discussion of abuse cases at recovery of debts. The main purpose of this Law is to prevent such abuses.

Below you’ll find a brief summary of the key issues arising from this new piece of legislation.

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A PRIVATE PARTY TOO BIG TO BE PRIVATE

A photo by Daniel Robert. unsplash.com/photos/MRxD-J9-4psThe Danish court has recently decided that a party may be too large to be considered private, at least when it comes to the understanding of the wording “Public performance” in Danish copyright law. The court therefore ruled that the staff party held by Novo Nordisk should be considered as public in connection to the Danish Copyright Act, and therefore Novo should pay Koda for the use of musical work and text.  

Danish copyright law implements a range of EU directives, including directive 93/98/EEC concerning harmonizing the term of protection of copyright and certain related rights, and directive 92/100/EEC on rental rights and lending rights and on certain rights related to copyright in the field of intellectual property. 

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New York Attorney General Targets Non-Competes for Rank-and-File Workers

This summer, New York Attorney General Eric T. Schneiderman has reached agreements with a number of companies curtailing their use of non-competition agreements with respect to non-executive and low-wage employees in New York. The issue appears to have caught the attention of Mr. Schneiderman, who stated recently that “restricting rank-and-file workers from being able to find other jobs is unjust and inappropriate” and “workers should be able to change jobs without fear of being sued.”

For example, on August 4, 2016, Examination Management Services, Inc. (“EMSI”), a medical information services provider headquartered in Texas, agreed to stop using non-compete agreements for most of its employees in New York. Prior to the agreement, EMSI’s mandatory non-compete agreements prohibited employees for nine months after leaving the company from working for competitors within fifty miles of any locations they worked for EMSI.

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ATTORNEYS JAMES A. KOHL AND JAY YOUNG NAMED SETTLEMENT JUDGES WITH THE NEVADA SUPREME COURT

Royal Oak, Michigan, August 16, 2016:  Howard & Howard Attorneys PLLC is pleased to announce that the Nevada Supreme Court’s search for two new Supreme Court Settlement Judges has ended with the selection of two Howard & Howard attorneys, James A. Kohl and Jay Young.  The pair have been appointed to a 2-year term as Supreme Court Settlement Judges with the Nevada Supreme Court. They both practice out of our Las Vegas Office.

            Since 1997, the Nevada Supreme Court has mandated that certain matters on appeal in Nevada participate in an Alternative Dispute Resolution (ADR) program to mediate their disputes before an appeal is heard.  The Supreme Court explains, “Mediation is a process in which an impartial third party, a Settlement Judge, assists the parties in considering options for settlement of their dispute.  The Settlement Judge doesn’t decide the outcome of the case, but rather assists the parties in communicating their positions and interests in order to promote understanding, reconciliation, and a mutually acceptable solution to the dispute. . . . Mediation provides the parties with an opportunity to resolve their case themselves.” Press Release Kohl-Young NVSupCourt 8-16

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