Europe

Just Don’t Do It: Nike’s LDNR campaign halted by UK IP court

Fladgate IP associate Ben Milloy was recently invited by the European Intellectual Property Review to discuss the decision in Frank Industries Pty Ltd v Nike Retail BV, stopping Nike’s LDNR ad campaign.

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The Domicile Effect – Impact on the Administration of Estates

Recently we have been involved in a number of estates which have involved the concept of domicile. Kevin Doughan, Associate Solicitor, Wills and Probate, explores this often misunderstood concept together with the effect it can have on the administration of estates.

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Roszdravnadzor will be entitled to carry out test purchases of drugs and medical devices

On December 13, 2018 Russian State Duma has passed in the third reading a draft law empowering the state healthcare control (supervision) body (Roszdravnadzor) to conduct test purchases (“Draft law”)1.

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Nothing is Impossible – Deducting the VAT on Shareholdings

The deductibility of the VAT content of incoming invoices has long been a source of consternation both for equity investors and for the holding companies heading up corporate groups. In the relaxation of the general ban on VAT deduction in these cases, the European court of justice (“ECJ”) has given ‘active’ holding companies a way around the restrictions. Meanwhile, other recent judgments by the court have further expand of the opportunities for the VAT deduction. Nevertheless, the ECJ‘s decision also show that it’s better to err on the side of caution.

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Russia creates own offshore zones?

The Federal law No. 290 “On international companies” (hereinafter — the Law on international companies) and the Federal law No. “On special administrative districts” have come into effect on 3 August 2018. These laws adjusted procedure of redomiciliation and created special administrative districts on the islands Oktyabrskiy and Russkiy.

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Sexual Harassment in the Workplace: What Austrian Companies Need to Know

What constitutes sexual harassment?

Sexual harassment is a behavior towards another human being where the abuser harms the dignity of the victim and creates an intimidating, hostile or humiliating working environment. The victim feels shock, horror, fear, revulsion, indignation, anger or shame. Sexual harassment can appear in all forms of verbal abuse, as well as physical actions. Whereas physical actions are always forbidden, verbal or also nonverbal abuses are not punished if they don’t happen at the workplace. Ordering someone to harass someone is a form of sexual harassment as well as discriminating someone because of their sexual orientation or sex in general.

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New in procedure of introducing drugs into commercial turnover

On November 28, 2018 the Federal law of November 28, 2018 No. 449-FZ “On amendments being made to separate legal acts regarding introduction of drugs into commercial turnover” (the “Law”) was published on the official web portal of legal information. The main changes introduced by the Law are as follows:

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Pravo.ru–300 Rating Confirms Lidings’ Leading Position Among Best Legal Advisors in Russia

Lidings once again takes leading positions in the rating of the legal advisors in Russia based on the analytical research by the Pravo.ru-300 annually reflecting on the latest tendencies in the country’s legal market, highlighting the key players’ achievements based on their practical expertise and financial performance.

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Aanbestedingsrecht en de opdracht, hoe zit het ook al weer?

De opdracht

Binnen het aanbestedingsrecht zijn er veel aspecten die interessant zijn om juridisch te beschouwen. De vraag of en hoe een aanbestedende dienst een opdracht moet aanbesteden, begint echter bij de vraag of de betreffende ‘opdracht’ wel kwalificeert als een aanbestedingsplichtige opdracht.

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Will Brexit affect the validity of a contractual English law clause?

The national law, which governs a commercial contract and will be applied in the event that parties end up in a dispute over their obligations, is currently determined under the rules of the Regulation (EC) No 593/2008. Known as the Rome I Regulation, its rules stipulate that the courts of all EU member states will recognise and enforce whatever the commercial parties have agreed in respect of applicable laws. It is not uncommon that contract litigation pending in an English court will be decided in line with the rules of foreign laws, if that is what the parties have agreed. Most international trade contracts will contain a series of clauses. Will the existing options be affected by Brexit, and how will Brexit impact on future contracts?

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