In this article we identify some of the intellectual property issues that will be of importance for anyone involved in technology development in the Middle East, particularly in the context of the many initiatives, largely government financed, that have been undertaken in the region to create a fertile ground for that development.
Consumer Rights Directive: the online shopper strikes back?
Following protracted considerations by various parts of the EU legislature, the EU Council of Ministers adopted a new Consumer Rights Directive on 10 October 2011. As can be seen below, the terms of this new Consumer Rights Directive will have a direct effect on the online operations of traders based in the UK and across the EU. Continue reading “Consumer Rights Directive: the online shopper strikes back?”
FDI in MSM enterprises: sound documentation equals sound protection
The Indian economy, though not as well developed as many of its western counterparts, has always been typified by its entrepreneurial nature. For a foreign investor familiar with the Indian commercial landscape, the Indian promoter is a very recognisable figure. While some of the world’s richest promoters are Indian, India also has a very robust micro, small and medium-scale enterprises (MSME) sector that contributes to about 40% of the gross industrial value in the Indian economy. Continue reading “FDI in MSM enterprises: sound documentation equals sound protection”
UK immigration: end of year round-up
Restricted certificates of sponsorship: the system of applying for restricted certificates of sponsorship was introduced on 6 April 2011. Restricted certificates are required by overseas nationals who will be employed on a salary of less than £150,000 per annum and who are currently living overseas. Continue reading “UK immigration: end of year round-up”
International investigations: understanding the risks
It seems that every day brings a news report of corporate wrongdoing or control failures somewhere in the world – rogue traders, corruption, fraud, tax evasion, price fixing, environmental disasters and export control issues. Continue reading “International investigations: understanding the risks”
Assessing recovery of loss in tort claims during an economic downturn
In this article, we review case law from South Australia Asset Management Company Ltd v York Montague Ltd [1997] to Rubenstein v HSBC Bank Plc [2011] to examine the current approach to assessing loss in economically volatile times.
Assessing recoverable loss in tort claims is sometimes a knotty problem. Breach of a duty of care can cause a spiral of dramatic consequences. It may seem unfair for a duty-breaker to be liable for events clearly caused by this breach but attributable to economic forces beyond their control. Continue reading “Assessing recovery of loss in tort claims during an economic downturn”
The Energy Act 2011: is the Green Deal the real deal?
On 18 October 2011 the Energy Act 2011 (the Act) received royal assent and passed into law, less than a year after it was introduced to the House of Lords on 9 December 2010.
Continue reading “The Energy Act 2011: is the Green Deal the real deal?”
UCITS funds get a facelift in the Czech Republic
Undertakings for Collective Investment in Transferable Securities (UCITS), are open-ended, regulated investment funds.
Since their inception in 1985, UCITS have been regulated by Directive 85/611/EEC, known as UCITS I. UCITS I has been substantially amended several times, most importantly by Directive 2001/107/EC and Directive 2001/108/EC, these amendments generally being known as UCITS III. Continue reading “UCITS funds get a facelift in the Czech Republic”
Interpreting commercial contracts: a plane task?
Where two large businesses contract, there is an assumption that they appreciate the consequences of the contractual wording adopted. In such circumstances courts tend to give effect to the literal meaning of those terms in a contract. In Gesner Investments Ltd v Bombardier Inc [2011] the Court of Appeal was asked to interpret the terms of a contract for the construction and delivery of an aircraft and held that the terms should be interpreted in a literal sense even where those terms were commercially questionable. The judgment in this case provides an interesting opportunity to consider the court’s approach in these circumstances. Continue reading “Interpreting commercial contracts: a plane task?”
Pledge of a banking deposit
Under UAE law, the commercial pledge is a possessory pledge, which means that the possession of a pledged asset (but not its ownership) is transferred to a pledgee or to an agreed third party as security for the loan. Continue reading “Pledge of a banking deposit”
Management time claims
Business being what it is today, it always carries the risk of contracts not being fulfilled. As a result, directors and key staff are often drawn into managing and remedying issues arising out of contractual breaches or delictual situations. Given that this can result in key personnel being distracted from their strategic and, ultimately, business objectives, what can a business do to alleviate its losses? To some extent the answer lies in how the court will deal with a claim for recovery of the costs involved in management time and whether, in particular, it is foreseeable that a business may have to expend a considerable amount of its managerial and staff resources in an effort to alleviate its losses. How then does the court approach the matter? Continue reading “Management time claims”
International co-ordinating counsel in product liability cases: is it really necessary?
Companies with international markets can find themselves defending product liability claims in any of the countries in which their products are sold. As sales expand into emerging markets, major brands are finding that they are increasingly vulnerable to liability exposure in obscure jurisdictions, particularly where there may be lax regulation or supply chain issues. Continue reading “International co-ordinating counsel in product liability cases: is it really necessary?”