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Italian Green Certification And Private Companies: Better To Summarize

The Legislative Decree 127/2021 extends the application of the green certification to the private companies.

When

From 15 October 2021 and until 31 December 2021 (current deadline for the end of the state of emergency).

Who

Anyone who works in the private sector, in any capacity, including on the basis of external contracts.

Exception

Subjects exempt from the vaccination campaign on the basis of suitable medical certification.

Object

Obligation, for the access to the workplace, to possess and exhibit, upon request, the green certification.

Employers

They are required to verify the green certification.

They must define, by October 15, 2021, the operating procedures for organizing the controls.

Consequences

If workers communicate that they are not in possession of the green certification when entering the workplace, they are considered unjustified absent until the aforementioned certification is presented.

No disciplinary consequences.

Right to keep the employment relationship.

For the days of unjustified absence, no salary or other remuneration or emolument, however called, is due.

Companies with fewer than 15 employees

After the fifth day of unjustified absence, the employer can suspend the worker for the duration corresponding to that of the employment contract stipulated for the replacement, in any case for a period not exceeding 20 days.

Employees sanctions

From 600 to 1,500 Euros.

Without prejudice to the disciplinary consequences according to the respective sector regulations.

Employers sanctions

From 400 to 1000 euros, doubled in case of reiteration of the violation.

Without prejudice to any criminal consequences.

Thailand’s Online Dispute Resolution Platform for Intellectual Property

Thailand’s Department of Intellectual Property (DIP) officially launched its online dispute resolution services (ODR) for intellectual property cases in January 2021. The ODR platform was developed through cooperation between the DIP and the Thailand Arbitration Center (THAC) under the Memorandum of Understanding re: Development of Online Dispute Resolution Procedures between DIP and THAC signed on 7 December 2020.

The ODR platform, facilitated by THAC, operates under the name “Talk DD” and is accessible via https://odr.thac.or.th/auth/login, THAC’s login page. This online platform can be used for cases related to copyright, patent and trademark infringements. The ODR/Talk DD platform aims to facilitate and support out-of-court dispute resolutions, as well as decrease the number of cases filed to the Intellectual Property and International Trade Court.

The Deputy Prime Minister and Minister of Commerce, Jurin Laksanawisit, stated that the new system: allows cases to be filed online, thus enabling settlement sessions via online chats and video conferences; and allows fully online formal settlement processes to be achieved faster, facilitating more convenient agreements with less chance of confrontation between the two sides, and at a lower cost.

It is claimed that “Talk DD” is both easy to access and use. Mr. Vuttikrai Leewiraphan, Director General of the Department of Intellectual Property, said: “The operation reflects the efficiency in utilising technology to improve the quality of services for a more convenient and faster process, which can be completed regardless of timing or location. It will reduce travel expenses and administration expenses because it can be wholly operated electronically. It also reduces the number of lawsuits; this aligns with the purpose of the mediation process for intellectual property disputes.”

The first dispute request was submitted on the Talk DD Platform on 8 January 2021. After the parties agreed to the ODR process, the DIP acted as the intermediary for both parties to negotiate. On 11 January 2021, the dispute was resolved and the parties signed a memorandum of agreement to settle the dispute.

This first online dispute resolution case via Talk DD only took two working days to reach settlement. This is significantly faster compared to the traditional mediation and settlement process of the DIP. It also eliminates the time spent for paper submission of request forms, dispatchment of negotiation invitation letters and arrangement of negotiation meetings at the DIP. Under the traditional process, it would generally take at least approximately 45 days for the parties to meet, discuss and resolve the dispute.

However, it should be noted that in order to use the Talk DD platform/service, the user must create an account on the platform. Once an account has been set up, a request for an online mediation on the Talk DD platform can be submitted without charge. In such regard, the claimant needs to fill-in basic information regarding the dispute, including the e-mail address of the other party for the invitation to the online mediation proceedings. Once the parties both agree to the online proceedings and sign the confidentiality agreement for the ODR, the process will be commenced entirely through the online system, e.g. making appointments, negotiating via chat rooms, video conferences, and drafting and signing a settlement agreement. Although English is available, it does not completely reflect the information stipulated in Thai and therefore the Talk DD platform currently seems to be limited to Thai nationals.

Avinash Singh joins Leaders in Law as the exclusive Criminal Law member in Australia

Leaders in Law, the leading platform in its field, is delighted to welcome Avinash Singh as our exclusively recommended & endorsed Criminal Law expert in Australia.

Avinash Singh is the Principal Lawyer of Astor Legal. He is one of Australia’s most respected and highly sought-after lawyers, having represented some of Australia’s elite sportspeople including Olympians & National Rugby League (NRL) players. His client list has included names such as rugby league great, Andrew Johns.

Mr Singh has worked on some of the country’s most prolific cases for over ten years. He has been recognised by the Law Society as an Accredited Specialist in Criminal Law, placing him in the top 6% of Australian lawyers

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

IP | IQ: Bad Faith Filings in China and the Impacts of the New Amendments

Melvin Mei, Trade Mark Attorney, discusses the amendments to Chinese Trade Mark law and the impacts on the region.

In November 2019, amendments to Chinese Trade Mark law came into effect around bad faith filings, which continue to be a problem in China.

Melvin Mei, one of Rouse’ trade mark experts in Shanghai reflects on the practical implications of these amendments. He explores the underlying reasons for the large numbers of bad faith filings, the first to file system and what steps brand owners can take to protect themselves. Melvin also discusses the actions which authorities have been taking since the enactment of this amendment on trade mark agencies.

 

Nelcia St. Jean joins Leaders in Law as the exclusive Commercial Litigation Law member in the British Virgin Islands

Leaders in Law, the leading platform in its field, is delighted to welcome Nelcia as our exclusively recommended & endorsed Commercial Litigation Law expert in the British Virgin Islands. Nelcia’s office is located in Tortola.

Nelcia has appeared in the Commercial Court of the Eastern Caribbean Supreme Court (Virgin Islands) and has had conduct of many matters in the Civil Division of the Eastern Caribbean Supreme Court (Virgin Islands) in matters in respect of companies and company disputes.

In addition to trials her work at Court featured Interim applications and applications for injunctive relief; applications for the appointments of liquidators; applications for the restoration of BVI companies and rectification of share registers; and applications for a range of other relief available to directors and shareholders under the BVI Business Companies & Insolvency Acts.

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

David Englehart joins Leaders in Law as the exclusive Commercial Property Law member in the UK

Leaders in Law, the leading platform in its field, is delighted to welcome David Englehart as our exclusively recommended & endorsed Commercial Property Law expert in the United Kingdom. David’s office is located in East Sussex.

Engleharts understands that commercial property is a central part of there clients’ business, investment and personal lives.  At Engleharts they believe that commercial property growth in the UK is critical for our clients’ businesses to grow, for the overall growth of the economy and essentially to the UK as a whole.

The current climate is fuelled by political uncertainty, with the possibility of many businesses relocating overseas. There is also the looming pressures on the Government to provide social housing as well as the rising costs associated with development and property investment.  It is now important for our clients to be able to depend on their legal partners and to be able to discuss their proposed business transactions with them.

If you require any assistance in this area, please use the contact details provided in David’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)

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.

IFLR Asia-Pacific Awards 2021 Shortlist Announced

Conyers is once again shortlisted in the IFLR Asia-Pacific 2021 Awards.

We are pleased to be nominated as Offshore Firm of the Year this year again, an award that we won in 2020.

In addition, five of our significant matters advised by our Hong Kong and Singapore based lawyers are shortlisted as Deals of the year:-

The IFLR Asia-Pacific awards celebrate legally innovative cross-border transactions, teams and firms in the region. The results will be announced virtually on Thursday, 25 March 2021. For more information on the nominations, please visit: https://www.iflr.com/article/b1qj1khd0cnqmz/iflr-asia-pacific-awards-2021-shortlist-revealed

Anderson Mori & Tomotsune Future Working System

In response to the spread of the 2019 coronavirus disease (COVID-19), our firm has set up a response team to deal with any new developments. We have taken advance measures in consideration of the safety of our clients, business partners and personnel. In light of the government having lifted the state of emergency declaration across Japan on March 21, we will implement the following measures from March 22 (Mon).

Combination of Increased Frequency of Personnel Coming to the Office and Working from Home

With effect from March 22, 2021 (Mon), we will slowly increase the percentage of our personnel working in the office. Simultaneously, our personnel will still be able to work from home to the extent that it does not interfere with their work.
Even in the case of working from home, you may still contact the office email address and the direct phone number of the attorney or patent attorney in charge of your matter. We may not be able to answer your call in a timely manner, but we will return your call wherever possible.

Non face-to-face Conferences and Meetings

We will continue to conduct conferences, internal meetings and external meetings with clients non face-to-face (by online or telephone conference, etc.) as much as possible. In addition, we will also refrain from holding face-to-face seminars.

Recommendation for staggered working hours and thorough implementation of measures to prevent the spread of COVID-19 such as by having our personnel wear a mask at all times

We will thoroughly implement measures to prevent the spread of COVID-19, such as ensuring that our personnel take their temperature before coming into the office, recommending our personnel stagger their working hours when going back to work in order to avoid rush hour, having our personnel wear a mask at all times in the office, having them wash their hands and use hand sanitizer, and ensuring that social distancing is carried out.

We apologize for any inconvenience that this may cause our clients and business partners, and we kindly ask you for your understanding.

Our firm will continue to promptly implement measures based on the policies and action plans of the national and local governments, giving the highest priority to preventing the spread of COVID.