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Everyone is talking about the “resurrection” of Lola Flores as well as about the “making-off” of the new commercial of @cruzcampo, but… What about the artist’s image rights? *image extracted from the video of the making-off of the commercial, link below. All rights reserved. It is amazing to see the things that can be done […]

The exponential technological advances in recent decades, in particular the use of big data and digital services, enhanced by the new dynamics imposed by the health emergency derived from the pandemic, have stressed the current regulation on personal data protection, which has led authorities worldwide to question whether a stricter protection regime is required. At […]

Introduction: In El Salvador, the Bitcoin Law was approved by the Legislative Assembly and published in the Official Gazette last June 9th of this year, establishing a vacatio legis of ninety days from its publication; in that sense, its entry into force is scheduled for next September 7th. There are still several questions about how […]

Council of State, Section VI, 21 July 2021 no. 5496 In this judgment, the Supreme Court ruled on the applicability of the principle of prevention in the event that the provisions of a local building regulation provide for compliance with a minimum distance. The case originated from the appeal filed by the owners of an […]

Previously published in the WTS Newsletter. Brazil is widely known for taking a different approach to transfer pricing rules, with Brazil- ian rules diverging substantially from the OECD Guidelines. This unique approach also extends to transfer pricing documentation requirements. Out of the three standard documents recommended by the OECD as transfer pricing docu- mentation requirements, […]

With the rise of environmentalism and awareness to take care of the planet, the popularity that alternative products to milk of animal origin has reached is an indisputable reality. One of the beneficiaries of this trend is the Swedish company Oatly, specializing in oat-based dairy substitutes and whose consumption has spread significantly. In fact, Oatly’s […]

Although fundamental responsibilities regarding Board of Directors unavoidably include  timely response to challenges faced by the company it represents, the circumstances created by the Covid  19 pandemic, challenge the traditional practices in corporate governance, relocating the demands of the company and various stakeholder groups, into an scenario of permanent incertitude, requiring a more active, creative […]

Council of State, Section IV, 7 June 2021 no. 4350 The Supreme Administrative Court ruled on the issue regarding the non-payment of the construction contribution for buildings of public interest. The case originated from an appeal, which was upheld by the Regional Administrative Court of Tuscany, whereby a well-known restaurant group had obtained the annulment of […]

The role trademarks play as quality indicators is more important today than ever before. The coronavirus pandemic has meant that in most countries wearing a mask has become a mandatory part of our lives. While some fashion houses are investing heavily in protecting us from the coronavirus, others are using creative mask designs to make […]

Earlier this year a local crypto exchange, Bit2me, deployed a massive campaign promoting bitcoin in Madrid and Barcelona. The firm put over 800 posters across the Spanish capital city, and some of them very close to the CNMV headquarters (the Capital Markets’ Spanish authority). The situation has indeed been worrying to the Spanish economic authorities […]

Against the backdrop of the global crisis caused by the Coronavirus and the reduction of foreign investments in Brazilian applications in 2020 (which made the last year the worst in direct investment performance in the country since the 2018 crisis), Bill 5387/2019 (“PL 5387/19”), also known as “Currency Exchange Legal Framework”, represents an important promise […]

(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, […]

The life sciences sector has been one of the areas most impacted by COVID-19. On the positive side, certain related products and devices experienced unexpected demand in the past year, thus increasing sector progress. On the negative side, the coronavirus led to the interruption of research and development in fields unrelated to the pandemic creating […]

On June 1st, 2021, Law No. 21,342 (hereinafter, the “Law”) was published in the Official Gazette, establishing protocols for occupational health safety and a mandatory health insurance for safe, gradual return to presential work. The above, in the context of the health alert caused by the Covid-19 disease in Chile. The main implications of the […]

June 2021 – On 4 June 2021, the European Commission updated its standard contractual clauses for transfers of personal data to third countries and also released new standard clauses for controller-to-processor relationships. As data transfer standard contractual clauses (“SCCs”) can easily be incorporated into data processing agreements, they represent a widely sought-out mechanism for businesses to ensure data protection […]

Costa Rica is an ideal country to visit, retire and invest thanks to its excellent reputation for environmental protection, globally recognized ecotourism schemes, political and social stability, legal security, and our health system. The new LAW FOR THE ATTRACTION OF INVESTORS, RENTERS AND PENSIONERS has just been approved. This law allows foreign persons who qualify as […]

On June 2nd, 2021, Brazil published the Complementary Law No. 182/2021, which establishes the Legal Landmark for Startups and Innovative Entrepreneurship (“Legal Landmark”) and presents measures to foster the country’s business environment through the flexibilization of regulatory requirements. According to the Special Secretary of the Special Secretariat for Productivity, Employment, and Competitiveness at the Ministry […]

Tomorrow is the entrance into force of ILO C190 on elimination of violence and harassment in the world of work. On June 25, International Labour Organization (ILO) Convention N° 190 on violence and harassment in the world of work (hereinafter the ‘Convention’) will enter into force, as it was ratified by Uruguay passing Law N° […]

The Spanish expression “El Clásico” was conceived to designate the world-famous match between Real Madrid CF vs FC Barcelona that is repeated at least twice annually in Spain’s national football championship organised by Liga Nacional de Fútbol Profesional (LaLiga). But does “El Clásico” possess distinctiveness to serve and be registered as an EU trademark for […]

To restart the labour market, social dialogue will be crucial in identifying effective active labour policies  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 […]

Global Political Events in First Week of May From the first week of May, the world’s press is all over the worsening virus situation in India. It can be read everywhere that India and South-Africa requested various forums to lift or waive patent rights and confidentiality of trade secrets of COVID-19 vaccines and pharmaceutical products […]

A large part of the health regulations issued in 2020 focused on the protection of employees during working hours. Thus, the decade has begun with increased attention to compliance with company health and safety regulations. Since the beginning of 2020, the authorities at the global level have been much more vigilant in compliance with health […]

Law No. 14.112/2020, which amended Law No. 11.101/2005, the Brazilian Bankruptcy and Reorganization Law, brought relevant changes to the insolvency regime in Brazil. STAY PERIOD The 180 days may be extended, exceptionally, only once, provided that the debtor has not contributed to exceed the original period or if the creditors submit, within the established period, […]

Ricardo Marletti Debatin da Silveira and Rogério Gaspari Coelho of Machado Associados discuss a Supreme Court decision about the taxation of software licensing in Brazil   In February 24, 2020, the Brazilian Federal Supreme Court (STF) delivered a final decision related to the taxation of software in Brazil, defining that the transactions with software are […]

In the wake of the early months of COVID-19, the Federal Housing Finance Agency (FHFA) and the U.S. Department of Housing and Urban Development (HUD) instituted a foreclosure and eviction moratorium on Fannie Mae and Freddie Mac single-family foreclosures and real estate owned evictions.  Additionally, the FHFA offered COVID-related forbearances in order to defer mortgage payments.  After multiple extensions, […]

The 4th edition of the textbook on Swiss and European patent law and patent litigation has been published. Christian Hilti, Alfred Köpf, Demian Stauber and Andrea Carreira have updated the book. On 1 January 2012, the Swiss Federal Patent Court took up its work. Since then, Swiss patent case law has reached a level that […]

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 […]

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 […]

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 […]

(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 […]

(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 […]

(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 […]