Europe

LLP Status

With effect from 9th February 2021, Holmes O’Malley Sexton LLP is authorised by the Legal Services Regulatory Authority, operating as a limited liability partnership under the Legal Services Regulation Act 2015. The Partnership Act 1890 continues to apply to the firm, to the extent that it is not inconsistent with the provisions of the 2015 Act.

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New rules for retail trade

Starting from the beginning of 2021, new rules for the retail sale of goods1 (the “Rules”) entered into force. The Rules will be valid until January 1, 2027. The Rules are developed within the framework of the regulatory guillotine and replace a few previously existing documents (rules for retail trade, rules for distance selling of goods, rules for commission trading). The Rules preserve the basic provisions connected to the rights and obligations of consumers and sellers and supplement them with some new requirements resulting from the existing practice.

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The Russian Government has granted the first compulsory license “in the interests of public security”

On January 5, 2021 the Decree of the Government of the Russian Federation No. 3718-r dated December 31, 2020 (the Decree) was published. In accordance with the Decree, Pharmasintez JSC, a Russian generic company, has been granted a 1-year compulsory license to use the inventions of the US companies Gilead Sciences Inc. and Gilead Pharmasset LLC protecting Remdesivirsubject to a “fair compensation”1.

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TOP-10 IP Disputes in 2020

CATEGORY: Trademarks

CASE: Human Stem Cells Institute vs. FAMILIES, Shchukarev

DETAILS: Ruling of the Supreme Court of the Russian Federation dated February 26, 2020 in case No. A40-14914/2018

DESCRIPTION: The defendant in the case of infringement of the exclusive right cannot recover from the right holder the court costs exceeding the awarded damages.

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Fourth Judicial Review of the Supreme Court of the Russian Federation

One month after adopting Practice Review No. 3, the Presidium of the Supreme Court on December 23, adopted the next (fourth) review for the year 2020. Along with other issues, the review explains the positions of the Supreme Court in bankruptcy cases, as well as contractual disputes. Below are the positions we recommend pay attention to.

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E-LEGAL® NEWSLETTER – DECEMBER 2020

I. EDITORIAL – STATE BUDGET 2021; LAW ON MAJOR OPTIONS 2021-2023; EXCEPTIONAL REGIME FOR SITUATIONS OF ARREARS IN LEASING; GUARANTEED MINIMUM MONTHLY PAY; NATIONAL VACCINATION PLAN – COVID-19

The month of December was characterised, at the legislative level, by the approval and publication of Law no. 75-B/2020 of December 31, which approved the State Budget for 2021, and Law no. 75-C/2020 of December 31, which approved the Law on Major Options for 2021-2023 regarding Planning and Multiannual Budget Programming. Read more…

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Government Strategy for Remote Working

In brief: When large global companies like Microsoft announce that its’ entire Irish workforce can continue to work from home indefinitely, it is clear that remote working is here to stay in some form. In recognition of this, on 15th January 2021 the Government published the National Remote Work Strategy (the “Strategy”) which aims to ensure that working remotely will be a permanent feature within the Irish workplace. Shane Costelloe explains the three pillars of the strategy

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Amendments to Labour Code regarding distant employees has come into effect

Federal Law No. 407-FZ dated December 8, 2020 made material amendments to the section of the Labor Code of the Russian Federation which regulates distance work. The necessity for such amendments became evident as soon as employers started to switch their staff to work from home in large numbers at the beginning of 2020. After almost a month and a half of a stay-at-home period, the demand for such amendments appeared not only on the part of citizens but also on the part of the government. As it was partly the absence of regulatory mechanisms for switching to remote work and the absolute absence of its control that caused a stay-at-home period.

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Changes in the regulation of labor in non-commercial (non-profit) organizations starting from 2021

Starting from 2021, the amendments to the Labor Code regarding the regulation of labor in non-commercial (non-profit) organizations have come into force:

1. Ability to conclude fixed-term employment contracts by agreement with employees

This opportunity is provided to non-commercial (non-profit) organizations with a maximum of 35 employees, except for the following types of non-commercial (non-profit) organizations:

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Italian state returns to the steel sector with Arcelor-Mittal

Italian state returns to the steel sector with Arcelor-Mittal
Authors: Giorgio Cherubini, Giancarlo Cherubini The article published in INSOL Europe’s Eurofenix magazine last issue,…
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