Monthly Archives: July 2016

An opposition to trademark registration may become available in Russia

In late June Rospatent has posted on its official website the Draft Regulation of Trademark Opposition Procedure (hereinafter – Regulation). Rospatent expects that the opposition procedure could substantially minimize the terms of trademark registration.

The Regulation establishes that Rospatent’s competence should be limited to examination of only “absolute grounds” for refusals (para. 1-5 art. 1483 of Russian Civil Code).

Should Rospatent fail to find any “absolute ground”, it shall publish information that the examination has been successfully completed.

Such publication enables any person or company to file an opposition to Rospatent within 3 months on any available legal ground. Since then the parties (applicant and opponent) are granted 6 months to settle amicably and revoke an opposition. Otherwise, Rospatent shall examine an opposition and render a final decision.

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An opposition to trademark registration may become available in Russia

In late June Rospatent has posted on its official website the Draft Regulation of Trademark Opposition Procedure (hereinafter – Regulation). Rospatent expects that the opposition procedure could substantially minimize the terms of trademark registration.

The Regulation establishes that Rospatent’s competence should be limited to examination of only “absolute grounds” for refusals (para. 1-5 art. 1483 of Russian Civil Code).

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Disruptor Meets Regulator, and Regulator Wins: Lessons Learned from Theranos

On July 7, 2016, the Centers for Medicare and Medicaid Services (“CMS”) imposed several administrative penalties on Theranos, a clinical laboratory company that proposed to revolutionize the clinical laboratory business by performing multiple blood tests using a few drops of blood drawn from a finger rather than from a traditional blood draw that relies on needles and tubes. However, after inspecting the laboratory, CMS concluded that the company failed to comply with federal law and regulations governing clinical laboratories and it posed an immediate jeopardy to patient health and safety. CMS has revoked the CLIA certification of the company’s California lab, imposed a civil monetary penalty of $10,000 per day until all deficiencies are corrected, barred Medicare or Medicaid reimbursement for its services, and excluded its founder and CEO from owning or operating a clinical laboratory for two years.

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Congratulations to Rosemary John

Rosemary John was recently elected corporate secretary for the Mortgage Investment Association of British Columbia. MIABC is the leading professional organization within the mortgage lending sector in British Columbia. Congratulations to Rosemary on her well-deserved position.

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Distracted Drivers Risk Devastating Crashes

Too many younger drivers are putting their own lives, and those of other road users, at risk by texting, using apps or going online on their mobiles when they are behind the wheel, according to new research by Brake and Direct Line.

According to the road safety charity, more than half (55%) of 25-34-year-old drivers questioned admitted they had sent or read a text message on their mobile while behind the wheel of their car in the last year.

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ILN Today Post

Adam Bregman appointed to Board and as Legal Counsel For United Way of Palm Beach County

West Palm Beach real estate attorney Adam Bregman was recently appointed to serve on the Board of Directors and as General Counsel to United Way of Palm Beach County, a volunteer-driven organization dedicated to improving the lives of individuals and families in Palm Beach County.

Shutts & Bowen has a long standing history with the organization, with attorneys providing pro bono legal services and serving in the leadership of the organization.

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Rainmaking Recommendation from Jaimie Field: Enlightened Rainmaking™

Last week, Jaimie Field shared her latest rainmaking recommendation, which we missed while I was out on vacation. So I’m bringing it to you this week instead – read what Jaimie has to say about “Enlightened Rainmaking™.”

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Holidays Accrued on Sick Leave

There has been much litigation on the issue of whether an employee is entitled to carry over holidays which they have been unable to take due to being off sick. In previous cases, the European Court of Justice (ECJ) has ruled that workers continue to accrue holiday entitlement while they are on long term sick leave. The ECJ has also stated that workers should be given the opportunity to choose either to take paid annual leave during a period of sick leave, or take the leave on their return to work, potentially in the next holiday year.

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“Ask the Expert” Employment Law Seminar Tuesday 30th August – 12:30pm start

Miller Samuel Hill Brown LLP and Syme Drummond would be delighted if you could join us at our next “Ask the Expert” employment law seminar, which is taking place at 29, Royal Exchange Square on Tuesday 30th August 2016 (1230 start).

As always, we welcome any questions you may have on any employment law/ HR topics (which can be emailed in advance to sc@mshblegal.com or asked on the day) and will do our best to answer all queries received.

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Province announces 15% property transfer tax for foreign entities

Yesterday, BC announced that the property transfer tax for foreign buyers of residential property in the greater Vancouver region will increase to 15%. Sarah Jones explains that she cannot foresee foreign buyers challenging the tax because the “contract they signed into is not with the government.” To learn more, read the full Vancouver Sun article.

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