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Pursuing your rights to recover your loss after an accident

The aftermath of an accident might be harsh as you may not be eligible to sustain your life securely and continue your profession. Your physical condition and economic safety are likely to decrease correspondingly as lack of earning capacity might put the victim at risk of further difficulties. Others’ wrongful actions or lack of commitment to take reasonable care conduces to accidents that may have negative effects on the victim’s life. The laws were put into force with the aim of decreasing the human factor in accidents and helping to relieve the post-accident difficulties of victims by awarding monetary damages. As seen in the laws, whilst interacting with others or occupying the same roads, individuals are obliged to hesitate to act in a way that may be harmful to others.

The legal duty to act responsibly is the duty of care

Your actions might harm others. Even if your intention is not to harm, certain actions that have the potential to cause an accident is determined as wrongful actions. These safety violations can be committed at work, in traffic, whilst treating a patient and undergoing surgery, in an event that you host or in a business place that serves consumption products. The form of negligence varies as your actions or lack of taking an action against the potential risk factors might conduce to the same conclusions.

In a medical centre, the whole treatment process may be damaged by the negligence of the medical attendant at duty. The first step of medical care is usually the diagnosis stage. During the diagnosis, the medical attendant’s error or certain defective products may cause the condition to be evaluated falsely. If x-ray machines aren’t operating correctly or the professional using these devices aren’t capable of evaluating the results correctly, the treatment process is likely to diverge. The post-diagnosis process will be entirely dependent on the patient’s evaluated medical condition that has incorrectly evaluated.

The use of machinery and robotic surgeries are getting more common and beneficial in medical treatments. These are the advantages of technology that can be beneficial if utilised correctly. Other than the surgeons’ errors, the machines and devices involved in the surgery have the potential to harm the patient. These devices may be operating incorrectly due to production defects or as in the diagnosis stage, the cause of the harm might be the human factor. Everything that is electric-powered or using a clockwork mechanism requires regular maintenance. Lack of maintenance, operating the devices incorrectly or the use of recalled, prohibited or incorrect devices may be the cause of harm.

Fundamentals of the duty of care

Being the cause of an accident in the workplace might put you in legal troubles as the employer’s duty of care is to provide total safety. Generally, work accidents are preventable. Even if not, the impact can be reduced noteworthily. Natural causes are usually blamed after work accidents. In fact, even the toughest work conditions can be improved by taking sufficient care. As the employer, the source of risk might be you. Preventive measures should be taken to keep the workers safe. Generally, lack of sufficient protective equipment, inadequate work conditions due to high risks, incorrectly appointing workers to operate machinery and performing these tasks in a timely are the main causes of work accidents.

These are preventable risks that a reasonable employer would care about. The personal injury laws demand the employers act responsibly by designing the workplace suitable for the safety standards issued by the authorities. Failing to do so might have legal consequences as the victim’s loss might be hard to resist.

Article by:

Arda Seyman

Withstand Lawyers Standing with you

Suite 107, Level 1, 18-20 Ross St, Parramatta NSW 2150 

www.withstandlawyers.com.au | gurcans@withstandlawyers.com.au

 

Dr. Thomas Weibel joins Leaders in Law as the exclusive Civil Procedural member in Switzerland

Leaders in Law, the leading platform in its field, is delighted to welcome Dr. Thomas Weibel as our exclusively recommended & endorsed Civil Procedural expert in Switzerland. Dr Thomas’s office is located in Zurich.

Thomas Weibel advises and represents clients before state courts and arbitral tribunals. His practice focuses on complex national and transnational commercial disputes, recognition and enforcement of foreign judgments, injunctive relief, and white collar crime. Thomas publishes and lectures on a regular basis on national and international civil procedure law as well as Swiss inheritance law. He is editor in chief for civil procedure law for a periodical on Swiss case law.

If you require any assistance in this area, please use the contact details provided in Thomas’s profile below or contact us at info@leaders-in-law.com & we will put you in touch.

Mori Hamada & Matsumoto – Top Ranking Received

Mori Hamada & Matsumoto and our lawyers are recognized in the practice areas named below in Chambers Global 2021. Our Yangon Office, Bangkok Office (Chandler MHM Limited), Beijing Office, and their lawyers have also received prestigious rankings as shown below.

For more information, please refer to the Chambers’ website.

Mori Hamada & Matsumoto:

JAPAN

  • Banking & Finance: Domestic (Band 1)
  • Capital Markets: Domestic (Band 1)
  • Capital Markets: Domestic: Securitisation & Derivatives (Band 1)
  • Corporate/M&A: Domestic (Band 1)
  • Dispute Resolution: Domestic (Band 1)
  • Intellectual Property: Domestic (Band 2)
  • International & Cross-Border Capabilities (Japanese Firms) (Band 1)
  • International Trade (Band 2)

MYANMAR

  • General Business Law (Band 2)

THAILAND (Chandler MHM Limited)

  • Banking & Finance (Band 2)
  • Corporate/M&A (Band 2)
  • Projects & Energy (Band 1)

Lawyers:

JAPAN

Banking & Finance: Domestic

CHINA

  • Intellectual Property (International Firms)
    Foreign Expertise based abroad in Japan: Yoshifumi Onodera

MYANMAR

THAILAND (Chandler MHM Limited)

James Coles Authors Unique Intellectual Property Book

The American Bar Association (ABA) has published a unique book from Densborn Blachly attorney James Coles. The book, “Drafting and Negotiating Intellectual Property Transactions,” provides practical insight into drafting and negotiating transactions with intellectual property provisions.

“I started this book because I could not find one book devoted explicitly to the subject matter I was teaching in the law course I designed,” Coles said. “It is very gratifying that the American Bar Association saw the critical need to have it published for the entire law community.”

Coles has been practicing law for nearly 50 years and has spent the last 15 years teaching “Intellectual Property Transactions & Licensing” at the IU Robert H. McKinney School of Law on the campus of Indiana University-Purdue University Indianapolis. The course he designed is unique because its approach is practical instead of case-study based like many law courses. His peer-reviewed book takes the same approach and has already received positive reviews.

“Jim’s vast experience in this field could fill volumes, and we are thrilled he can share this knowledge to educate future generations of attorneys,” said Densborn Blachly Managing Partner David Blachly. “With its unique focus, the book makes a great reference for any lawyer practicing intellectual property law.”

Coles is a leader in advising local, national and international businesses on all types of technology and intellectual property legal issues, including patent, trademark, copyright, trade secret, intellectual property transactions and intellectual property litigation. He has extensive knowledge in drafting and negotiating agreements with intellectual property issues and resolving disputes involving technology and intellectual property matters. He helps clients assess their intellectual property assets through consulting services and develop strategies for protecting and exploiting those assets.

“Drafting and Negotiating Intellectual Property Transactions” is available now on the ABA website at https://www.americanbar.org/products/inv/book/411364913/.

Competition Law and its Effect on the use of Patent Rights

Which? has launched a £480 million complaint in the UK against 4G chip maker Qualcomm alleging that it has abused its dominant position in the marketplace by inflating prices for licenses of the patents that it holds. Which? alleges that these prices were then passed on to the consumer in the form of higher handset prices.

A patentee grants a patent license to a third party so that the third party can practice the invention without the risk of being sued. Licenses are often granted in exchange for a fee – or in exchange to license technology from the third party – so called “cross-licensing”. In this case Which? alleges that the terms of the licenses were inflated to Qualcomm’s benefit as a result of its dominant position in the marketplace.

The Federal Trade Commission in the United States brought a similar action in the United states in 2017 – but this was ultimately dismissed. However, in Europe Qualcomm was found to have broken competition law for deals it made with Apple, and for its 3G licensing deals. It received significant fines at the time.

What does this tell us about IP? Regardless of the eventual outcome of this particular case, it shows us that patent rights and competition law can be in contrast to one another. Patent rights grant monopolies – the right to exclude others from a market, whilst competition law attempts to stop dominant companies from abusing that position of dominance. Therefore, once a company is large enough that it has a dominant market share it must consider competition law when utilising its patent portfolio.

For technology companies that have a licensing based business model a successful patent strategy could mean that they become dominant in a burgeoning technology market very quickly. It’s therefore necessary to continually assess the market share you have in a particular marketplace and how that may affect your trading practices. As ever it is always best to seek professional representation if you are concerned about such matters.

Get to know Grant Thornton

Grant Thornton is one of the world’s leading organisations of independent assurance, tax and advisory firms. These firms help dynamic organisations unlock their potential for growth by providing meaningful, forward looking advice. Proactive teams, led by approachable partners in these firms, use insights, experience and instinct to understand complex issues for privately owned, publicly listed and public sector clients and help them to find solutions. More than 53,000 Grant Thornton people, in over 130 countries, are focused on making a difference to clients, colleagues and the communities in which we live and work.

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Read the full report: Download PDF [5221 kb]

Irwin Mitchell Boosts Employment Team With Partner Hire

Law Firm Continues To Invest In Its Services For Senior Executives And Employees

National law firm Irwin Mitchell has boosted its London Employment and Professional Discipline team with the appointment of partner Danielle Parsons from Slater & Gordon.

Danielle is a leading lawyer representing senior executives and professionals in high value discrimination, whistleblowing and high court claims. She also advises on bonus disputes, severance packages and restrictive covenants.

Her clients come from a wide range of sectors including individuals working in financial services, healthcare and medical sectors, and creative industries, including TV and print media. She also acts for senior solicitors and barristers.

Shah Qureshi, Head of the Employment and Professional Discipline team in London at Irwin Mitchell, said:

Expert Opinion

“The past year has been a difficult time for many senior employees with the Covid pandemic creating a great deal of uncertainty. The need for expert employment law advice has never been greater.

“We are delighted that Danielle has joined us and her arrival is a welcome boost for the team. She is well-respected and will bring a high level of expertise for our clients. The number of enquiries we receive from senior professionals suffering discrimination and whistleblowers being victimised has grown exponentially since the start of the pandemic and Danielle’s arrival continues our plans to grow the team and meet that need.”
Shah Qureshi – Partner

Commenting on her arrival, Danielle said: “Irwin Mitchell’s national Employment team is one of the largest in the UK with one of the strongest reputations. I am delighted to join the firm’s London team which specialises in advising senior executives and professionals. I am looking forward to building on this and supporting the team’s continued growth.”

Fergal Dowling, partner and National Head of the Employment team, added: “Our team in London is one of the UK’s leading teams advising senior executives and professionals. Employment services have been in high demand amongst our existing clients and we have been appointed by some very high profile businesses and individuals during 2020. Our new business pipeline looks very strong and we are anticipating further growth over the next 12 months.

“Our success is based on us being one of the most innovative and best resourced employment teams in the UK. It is our vision to offer practical solutions for our clients as their needs and demands change and this has certainly been evident over the last year.

“Danielle joining our senior team is an important development for us in 2021 and I’m confident that her appointment will help us stay one step ahead.”

Jeantet Advised Telecom Invest a Management Trust with Natixis

Paris, 12th April 2021 – Jeantet AARPI advised Telecom Invest in the establishment of a management trust with Natixis CIB, fiduciary.

This unprecedented structuring will enable the trust set up by Télécom Invest and managed by Natixis CIB to acquire receivables in respect of leases on land used for telecommunications infrastructures and rights to manage them, without transferring real property rights.

Telecom Invest, a subsidiary of US-based APWireless (Radius Group), is a leading investor in telecom infrastructure underlyings around the world.

On this operation Jeantet’s team was composed of Catherine Saint Geniest (Partner, Real Estate), Jean-François Adelle (Partner, Finance), Jean-Guillaume Follorou (Partner, Tax), Gabriel di Chiara (Counsel, Tax), Thibault Mercier (Associate, Finance), of Laure Asdrubal and Chloé Abgrall (Associates, Real Estate).

Jeantet has significant experience in the fields of real estate management, investment and trusts and advises numerous French and international clients on their real estate and financial engineering transactions.

Natixis CIB was advised by Fidal and Bentam (Guillaume Ansaloni, Partner).

About Jeantet

Committed to ethics and human values, Jeantet is one of the leading independent French business law firms that delivers customized services with added value.

Our lawyers are fully aware of the economic, technological, sectoral, and legal changes our clients face and are able to anticipate, take action and propose solutions that are reliable, pragmatic and tailored to their clients’ challenges.

Well-established in its market thanks to solid foundations, Jeantet combines its excellence in legal expertise, in both advice and litigation, along with its entrepreneurial culture, to contribute to the success of its clients’ projects.

Jeantet, with a presence in Paris but also in Budapest, Casablanca, Geneva, Kiev, and Moscow, has more than 120 lawyers, including 30 partners.

IP Introduces Fast Track Trademark Registration and Renewal

On 23 February 2021, the Department of Intellectual Property issued a Notification introducing a fast track examination process for trademark registration and renewal. This notification is issued with the aim of expediting trademark registrations and the renewal process, thus enhancing and facilitating trademark protection for both the private sector and general public; enabling them to build a conductive business operation.

For the fast track trademark registration, an application for trademark registration will be examined within six months from the filing date, although the publication period and grant of the registration certificate may not be completed in said six-month period. The trademark application eligible for the fast track process must comply with the following conditions:

  • The lists of goods/services must not exceed 30 items.
  • The specifications of goods/services must all conform to the recommended acceptable specifications of the Department of Intellectual Property.

For the fast track trademark renewal, each application will be examined within 45 minutes from the time of submission. The renewal application eligible for fast track renewal must meet the following conditions:

  • The lists of goods/services under the trademark registration must not exceed 30 items.
  • There must be no amendments to the specifications of goods/services under the trademark registration.
  • The renewal application must be submitted at the Department of Intellectual Property, Ministry of Commerce, by the trademark owner or appointed agent. In the latter case, the power of attorney must state that the appointed agent has the authority to receive a certificate of registration.
  • The applicant or appointed agent must request at the time of submission that he/she would like the Trademark Registrar to urgently examine the renewal application and issue the certificate of trademark registration renewal.
  • The official renewal fees must be fully paid. In the event that the renewal application is defective but possible to be corrected within the date of submission of the renewal application, the Registrar shall order the amendment and accordingly grant permission for trademark registration renewal on the date of submission of the renewal application. However, if the application cannot be resolved by the date of submission of the renewal application, the Registrar shall examine the renewal application within the period specified in the public manual (normal process), according to the Licensing Facilitation Act B.E. 2558 (2015).

Please note that this Notification applies to all types of marks, i.e. trademark, service mark, certification mark, and collective mark.

New Dutch legislative proposal on transfer pricing mismatches

A new Dutch legislative proposal has been published for public consultation in order to prevent tax avoidance due to mismatches that relate to transfer pricing. At the same time two other proposals have been filed with respect to Atad2 application and qualification of foreign entities, which will not be covered in this news flash.

The legislative proposal includes a new Corporate Income Tax law article, which targets mismatches that exist because of commercial to tax differences that lead to a lower taxable income without a pick-up in the other jurisdiction. The main reason being that a different system is being applied in the other jurisdiction.
In the Netherlands, the arm’s length principle implies that associated enterprises within a group have to comply with the arm’s length principle for corporate income tax purposes. Commercially, transactions are not always aligned with the arm’s length principle which may lead to commercial to tax differences as a consequence. If other countries involved apply the arm’s length principle differently or not at all, the risk of mismatches arises.

Mismatches may result in double non taxation.
Examples are interest rates, a “step-up” for assets or additional income reported on transactions, which are adjustments to align with the arm’s length principle. This may lead to either an informal capital contribution or a deemed dividend from the perspective of the Dutch company. If such adjustments lead to a lower taxable income in the Netherlands, but not to an equally higher taxable income, pick-up, in the other country(ies) involved, the new article will apply.

According to the newly proposed art. 8ba VPB, the deductibility of for example interest rate adjustments will partly be rejected for negative tax to commercial differences, if the taxpayer is not able to proof that a corresponding upward adjustment is made at the end of the foreign entity. Also downward income adjustments or a “step up” for assets with corresponding depreciation, will only lead to a lower taxable income, if the transactions are declared accordingly in the other jurisdiction. It may also impact back-to-back financials transactions.
It is intended that this new article will come into effect on 1 January 2022.