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Stephanie Makin and Ana Lucia Marra of Machado Associados discuss changes to the withholding tax on service remittances abroad and the impact on multinational corporations. The high tax burden imposed by Brazil on remittances abroad related to the import of services, as well as multiple taxes, various tax rules and taxing authorities’ interpretation of double […]

by Giacinto Favalli The rules that have been progressively enacted to stem the effects of the Covid-19 pandemic cannot be considered adequate and sufficient from a medium and long-term point of view. In terms of labour law, the most dramatic consequences of the pandemic today are those deriving from the reduction of economic and productive […]

Branding may not seem crucial to in-house lawyers, but it’s actually linked to a number of areas that are significant for legal teams. Moving the legal team to be seen as colleagues and business partners; making connections with colleagues which will help with influence and collaboration; defining the range of skills lawyers bring to the […]

HR Digitalization in the Czech Republic Recently, the topic of digitalization became important in all areas due to the current pandemic of COVID-19, which brought the need to look for an alternative to paper solutions. However, many employers are still hesitant about whether the switch to electronic documents in HR in the Czech Republic due […]

  I. REAL ESTATE INVESTMENT FUNDS. Real estate investment funds (“Funds”), are subject to regulations of Capital Markets Board (“Board”) in the Republic of Turkey and generally regulated on the provisions of; Portfolio Management Companies of the Board and communique on Principles Regarding the Activities of These Companies (III-55.1) (“PMC Communique”) Communique on Principles Regarding Real […]

By Elaine Yap The National Law Review Since inauguration, the Biden Administration has used Executive Orders, guidance and regulations, and cabinet nominations to make clear that LGBTQ+ protections are a top policy priority. In the January 26, 2021, press briefing, Domestic Policy Advisor Susan Rice stated that “[e]very agency will place equity at the core of their […]

The filing of a patent application gives rise to two different rights, namely the right derived from the application in question (ownership), and the right of priority, i.e. the right to claim the priority of a first application in a second patent application that must be filed within a certain period of time, which in […]

Following a preview of the text, the International Chamber of Commerce officially launched its new Arbitration Rules on 1 December 2020. These new Rules will enter into force on 1 January 2021 and will apply to proceedings initiated on or after that date (the “ICC Rules 2021” or the “Rules”). The ICC Rules 2021 are […]

On 24 December 2020, the European Union (“EU“) and the United Kingdom (“UK“) finally struck a deal over Brexit. They notably reached a Trade and Cooperation Agreement (“TCA“). In respect of personal data protection, this Trade and Cooperation Agreement provides for a temporary period during which transfers made to the UK will not be considered […]

21/012021   I. Introduction Although for many years holding companies saw their, arguably, right to deduct input Value Added Tax, hereinafter VAT, being rejected by the tax authorities, the Court of Justice of the European Union, hereinafter CJEU, issued over time several decisions which allowed a slow, but unequivocal, change of paradigm for the so-called […]

Hungary, December 2020 Facts The applicant filed the international word mark DRIVE PILOT in the class 9, namely for vehicle safety software. The Hungarian Intellectual Property Office (HIPO) refused the protection for Hungary. The owner of the international mark contested the provisional refusal arguing that little amount of distinctiveness is sufficient to enable the consumer to identify […]

Spain, December, 2020 The terrible disease that is hitting us worldwide has also another face in terms of business opportunities. In the industrial and intellectual property sector, the first thing that comes to mind are the multiple developments in the field of medical-scientific research against the clock fight for the pandemic vaccines, medicines, smart tissues, […]

    (Spain, November, 2020) 1. INTRODUCCIÓN La transformación digital de la economía y del sector financiero en particular representa un fenómeno de cambio estructural, impulsado tanto por factores tecnológicos como por variaciones en la demanda de los servicios solicitados por el ciudadano y la empresa. Del mismo modo, las nuevas tecnologías suponen un reto […]

(Luxembourg, October, 2020) Since the UK’s withdrawal from the EU on 31 January 2020, in accordance with the Withdrawal Agreement concluded between the UK and the EU to ensure an orderly departure and legal certainty, EU law continues to apply to and in the UK in important areas during the transition period ending 31 December 2020. […]

(Spain, November 2020) On 14 November, the Law for the digital transformation of the financial system (the “Law”) was published in the Official State Bulletin (“BOE”). The Law allows companies to create sandboxes, or controlled testing environments, to enable financial market operators to implement technology-based financial innovation projects, with the involvement of the relevant supervisory […]

SUMMARY. An Amendment to Act No. 72/200 Coll. on Investment Incentives (the “Act”) opens the possibility for recipients of investment incentives to request an extension of the deadline for fulfilling the general grant conditions, subject to proper submission of a request. The extension is for up to two years, i.e. the period for fulfilment can […]

(Luxembourg, October, 2020) On 14 October 2020, Luxembourg’s Minister of Finance, Pierre Gramegna, tabled before the Parliament the draft budget law for the year 2021 (the “Draft Budget Law”). The Draft Budget Law proposes amendments which, according to the Government, aim at restoring tax justice at the level of Luxembourg tax residents. In this context, […]

At the end of October 2020, the Commission published its proposal for a Directive on adequate minimum wages for workers across Member States. The right to adequate minimum wages is established by Principle 6 of the European Pillar of Social Rights. In light of this, Commission President Ursula von der Leyen promised a legal instrument […]

By Woods Drinkwater, James Pitman The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that calls into question the long-held Barton doctrine following the dismissal of a bankruptcy case and thus the jurisdiction of that court. In Tufts v. Hay, No. 19-11496 — F.3d —-, 2020 WL 6144563 (11th Cir. Oct. 20, 2020), […]

2020 has put every country in the world under maximum pressure. Not only every nation’s political, economic, and social systems have been harshly tested, but also public health systems, education, and every other angle of society has had to navigate through turbulent and unknown waters. Chile has been no exception to these phenomena, which obviously […]

(Luxembourg, November, 2020) What happened? On 10 November 2020, the European Data Protection Board (“EDPB”) adopted two sets of recommendations on the transfer of personal data from the European Union (“EU”) to third countries further to the Court of Justice of the European Union (“CJEU”) ruling in the Schrems II case1: Recommendations 01/2020 on measures that supplement […]

(Nicaragua, November 2020) It is nothing new that COVID-19 came in like a hurricane in the middle of the summer. No one expected it, no one was prepared and most of the responses have been simply reactive to the situation. In Nicaragua, even with the few self-imposed measures of social distancing, we have had the […]

(Luxembourg, October, 2020) New EU platform-to-business rules aimed at enhancing transparency of online platforms for business users are now applicable. Implementation of certain procedural aspects in Luxembourg is pending. An enforcement role is given to the Competition Council. Regulation (EU) 2019/1150 of 20 June 2019 on promoting fairness and transparency for business users of online […]

(Santiago, Chile, May, 2020) Upon the sanitary emergency triggered by COVID-19 and the consequential slowdown for commerce and the economy in general, it is likely that many companies will lack the liquidity to face payments for their creditors, suppliers, personnel, etc. In the face of such an issue, companies might ensure financing via short-term loans, […]

(Lima, Peru, June, 2020) Andean Community (Formerly Andean Pact) Decision 486, that is in force in Peru since December 1st, 2000, is the Industrial Property law applicable individually in Bolivia, Colombia, Ecuador and Peru, and although this Decision 486 states that no evidence of use is required for purposes of a trade mark renewal, the […]

(Santo Domingo, March 19, 2020) No economic sector has remained immune to the spread of COVID-19, popularly known as Coronavirus. However, none have suffered as much as the aeronautical sector. As one of the most used transportation methods among the world’s population, aviation transports millions of people a year from one place to another. However, […]

(Costa Rica, July 2020) Costa Rica is the most stable country in Central America, not only because the economic growth it experienced during the past years but also because of its political stability through decades. Recently, in May 2020, the members of the Organization for Economic Co-operation and Development (OECD), unanimously decided to invite Costa Rica […]

(Denmark, July 2020) In May 2020, the General Court of the European Union (the “Court”) overturned the European Commission’s decision to prohibit the merger between CK Hutchison’s Three and Telefonica’s O2 UK in 2016. The decision itself as well as the Court’s argumentation are significant reminders to the European Commission (the “Commission”) to act very carefully […]

(Central America, July 2020) Confinement and strict measures of social distancing are now part of the reality of millions of people around the world. In the face of the world’s uncertain economic, political, social, and cultural environment, authorities must go one step further to try to mitigate the severe consequences that the COVID-19 pandemic has […]

(Guatemala, July 2020) Guatemala has the largest economy of Central America, excluding Panama, and its gross domestic product (GDP) represents one third of the region’s GDP.  It has strong macroeconomic indicators with adequate reserves, a controlled public deficit and debt, controlled inflation, and a stable exchange rate.  Guatemala’s economy is mostly dependent on agricultural exports, […]

On 1 December 2020, The Grand Chamber of the Court of Justice of the European Union has ruled in Case C-815/18 Federatie Nederlandse Vakbeweging (FNV) v Van den Bosch Transporten BV and Others. The Court affirms that a worker who provides very limited services in the territory of the Member State, to which that worker […]

9 December 2020, the Danish Business Authority published the proposed new Danish Act on Screening of Foreign Direct Investments in Denmark (the “Act”) for market participant consultation purposes. The consultation process deadline is 6 January 2020. Moalem Weitemeyer expects to issue a hearing statement on the proposed Act and is currently in dialogue with the […]