Monthly Archives: July 2019

A New Mechanism For Protecting Fashion Companies in Russia

At the end of June a mechanism providing for temporary protection of industrial designs was introduced into the Russian legal system. In short it requires somebody who uses an industrial design during the period of its patenting to pay compensation to the future holder of the patent.  Previously, this type of protection was available only for inventions – although it is still not available for utility models, which are also patentable in Russia.

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An (Easy) August LinkedIn Challenge for Better Relationship Development

In most of the world, it’s been pretty hot, and many of you are either on holiday, or getting ready to leave for holiday. I know that the LAST thing you want to think about is building relationships for business development. But I’ve got an easy challenge for you that will set you up nicely to return to the office in September with some stronger connections and potential for added business, while your colleagues are working to catch up.

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California Supreme Court Asked to Decide Whether Dynamex is Retroactive

As we have previously written, the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court dramatically changed the standard for determining whether workers in California should be classified as employees or as independent contractors for purposes of the wage orders adopted by California’s Industrial Welfare Commission. A significant question left open by that ruling was whether Dynamex would apply retroactively.

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Proposed Amendment to California Consumer Privacy Act (CCPA) Reaffirms Employer Notice Requirement and Employee Private Right of Action for Failure to Implement Cybersecurity Safeguards to Take Effect January 1, 2020

The recently proposed amendment to the California Consumer Privacy Act (CCPA) should be a wake up call to those employers who are not already actively planning for the January 1, 2020 compliance deadline.

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ILN Today Post

ACCN Leading the Way in Latest Anti-Corruption Compliance in China

Duxes is pleased to announce that the 13th Anti-Corruption Compliance in China Summit 2019 (ACCN) will take place in Beijing from November 13-15. The event aims to meet companies’ demands by helping them control their overheads, understand the latest trends and developments, and establish anti-corruption compliance culture in their enterprises.

Due to advances in the legal system, Chinese law enforcement departments are attaching greater importance than ever to industries that have a high occurrence of commercial bribery. But what exactly is the current status of China’s anti-corruption policy? How can companies manage regulatory compliance? How can corruption be better investigated and prevented? And, does the FCPA compliance system for foreign-funded enterprises work in China? All of these questions will be answered and solved at ACCN.

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Colorado Joins Wave of States to Offer Heightened Employee Protections

Colorado has joined a growing movement of states in passing laws that provide greater protections to employees and job applicants. Among these are the Equal Pay for Equal Work Act and a ban the box law, which limits criminal history inquiries for job applicants. The following is a breakdown of Colorado’s newest employment laws and how their implementation may impact employers and employees alike.

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ILN Today Post

Why trademarks matter to start-ups, and the secrets to getting them right

Trademarks do more than identify your brand, they provide several business and legal benefits at relatively low cost. Yet many start-ups make elementary mistakes, such as leaving trademark registration too late, which can haunt for years to come.

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ILN Today Post

State Implementation of New EPA Standards for Maintenance of Hazardous Waste Pharmaceuticals: Drug Supply Chain Implications

Earlier this year, the Environment Protection Agency (“EPA”) adopted a final rule imposing new standards for the management of hazardous waste pharmaceuticals (“HWPs”)[1] that goes into effect on August 21, 2019 (“Final Rule”).[2] This comprehensive overhaul of rules governing the treatment and discarding of HWPs under the Resource Conservation and Recovery Act (“RCRA”) is largely intended to provide regulatory clarity and national consistency. However, many of the Final Rule’s core provisions must first be adopted at the state level within the next two to three years, meaning that inconsistencies could arise based upon each state’s interpretation and adoption of these provisions. This implementation process will therefore be critical to affected pharmaceutical supply chain entities, which will need to proactively engage state lawmakers to ensure efficient management operations.

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ILN Today Post

Foreign Portfolio Investors’ Regulations– Proposed Changes

As the fastest growing major economy in the world, India is an important participant in global investment flows. Overseas funds flow in India both through the Foreign Portfolio Investors (“FPIs”) and the Foreign Direct Investment (“FDI”) routes with substantial inflows into capital markets. In order to rationalize the investment routes and monitoring of FPIs, the SEBI (Foreign Portfolio Investors) Regulations, 2014 (“FPI Regulations”) were notified on January 07, 2014. Over the years, several clarifications, circulars and guidelines have been issued to the FPI Regulations and a need was felt to undertake an extensive review of the FPI regime to consolidate and rationalize the FPI framework.

SEBI therefore constituted a working group under the chairmanship of Shri. Harun R. Khan (Retd. Deputy Governor of Reserve Bank of India) (“Working Committee”), to review the FPI Regulations and operational guidelines and circulars issued thereunder to simplify the language and complexities in the FPI Regulations. The Working Committee submitted its report titled ‘Report of the working group on the SEBI (Foreign Portfolio Investors) Regulations, 2014’ (“Report”) and has, inter-alia, proposed the following key recommendations:

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Financial Services in Focus – Issue 27

 

 

 

 

 

Funds and financial products
ASIC consults on relief for foreign providers of funds management services to Australian professional investors

On 3 July, ASIC released Consultation Paper 315 Foreign financial services providers: Further consultation (CP 315), and related material, in which ASIC is proposing to provide licensing relief for foreign financial services providers of funds management services in Australia to professional investors.

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