International Law Articles

Legal articles about International Law
published by law firms to help you understand your rights

Economic Zones in Egypt: Opportunities and Tax Challenges

Economic Zones are among the prominent developmental measures taken by Egypt to enhance investment and stimulate the economy. Generally speaking, these zones combine regulatory and tax incentives with an investment-friendly environment that promotes the development of specific sectors. Let’s take a comprehensive look at the history, importance, and status of Economic Zones in Egypt.

ESG: From Soft Law to Hard Law

ESG stands for Environmental, Social and Governance and refers to three key elements, to measure the sustainability of a business. At European level, recent legislative initiatives regarding ESG were taken. The legislation is moving more and more from soft law to hard law. We further discuss this legislation and its consequences.

What Factors Should You Keep in Mind When Filing a Trademark Opposition in Myanmar?

In Myanmar's dynamic and evolving business landscape, trademarks play a pivotal role in differentiating brands and establishing consumer trust. The country's recent enactment of the Trademark Law provides a robust framework for intellectual property protection, empowering businesses and individuals to safeguard their brand identities. A key aspect of this process is the ability to file an objection or opposition to a trademark application, ensuring that only eligible and deserving marks are granted registration. In this comprehensive guide, we explore the procedures, important considerations, and legal aspects of filing an objection to a trademark application in Myanmar.

How Are Border Control Measures Enforced to Safeguard Trademark Rights in Myanmar?

Intellectual property rights are essential for fostering innovation, creativity, and economic growth. In an effort to safeguard these rights, Myanmar has implemented a customs recordal procedure, as stipulated in the new Trademark Law under Sections 68-76. In addition, Myanmar’s Ministry of Planning and Finance issued Notification No. 50/2023, which sets out the rules, requirements, and procedures for registered trademark owners to protect their intellectual property rights through customs recordation. This procedure empowers right holders to take swift action against counterfeit goods entering the country's trade routes. By providing a clear framework for examination and decision-making, the law aims to protect the interests of intellectual property rights holders and foster a conducive environment for legitimate trade.

Court Involvement in Consensual Arbitration in Kenya: Case Review

MISC. CIVIL CAUSE NO. 131 OF 2016: Gooodison Sixty One School Limited v Symbion Kenya Limited Background The appellant and respondent were in dispute in connection with the construction of a school which was being developed by the applicant and the respondent was the architect. Pursuant to an arbitration agreement between the parties, the dispute was referred to arbitration before a sole arbitrator. The applicant had filed a challenge before the arbitrator seeking his disqualification on the grounds that he failed to disclose circumstances that were likely to give rise to justifiable doubts as to his impartiality or independence.The arbitrator dismissed the applicant’s challenge stating that he was properly in office and published his final award and costs of award ultimately concluding the arbitration.

What Are Key Considerations for International Trademark Registrations Designating Vietnam?

Over 9,000 international trademark applications designating Vietnam were filed annually from 2020-2022 has partly reflected the convenience and efficiency of the Madrid system in assisting IPR holders to secure protection for their brands in Vietnam. The Madrid System offers efficiency, cost savings, and a simplified approach to international trademark registration. These advantages make it an increasingly preferred option for businesses seeking to protect their brands in multiple countries, including Vietnam, as it streamlines the process and provides a cost-effective means of securing global trademark rights.

An Overview and Implications for Patent Dispute Resolution Under Myanmar Patent Law 2019

In Myanmar, as in many other countries, the ownership of inventions created during the course of employment can lead to complex legal questions. When employees develop new innovations related to their employer's work or using the employer's resources, the determination of patent ownership becomes crucial for fostering innovation, protecting intellectual property rights, and maintaining a fair balance between employers and employees.

Filing a Patent Application in Myanmar – 10 Noteworthy Considerations

Filing a patent application in Myanmar is a crucial step in securing protection for innovative inventions. The process requires meticulous attention to detail and adherence to the relevant provisions outlined in Sections 18 to 29 of the Myanmar Patent Law. This guide provides a comprehensive overview of the patent registration requirements, along with other important points to assist applicants in navigating the application process successfully.

Patent Registration and Protection in Myanmar

Eligibility for Patent Protection in Myanmar In Myanmar, patent protection is officially recognized under the Patent Law 2019. A patent is a form of intellectual property right granted to protect an invention, which is defined as any product or creation related to a production process that can solve a particular problem in a technical field, including minor inventions. Minor inventions are considered as technical creations that encompass new forms of a product, new structures of the parts of a product, or parts of a product that enhance its utility or performance.

10 Key Points From Vietnam's New IP Decree No. 65/2023/ND-CP

In line with new regulations under the amended 2022 Intellectual Property Law (IP Law), on August 23, 2023, the Government issued Decree No. 65/2023/ND-CP (Decree) to detailing a number of articles and measures to implement the IP Law on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property. This Decree supersede Decree No. 103/2006/ND-CP and some parts of Decree No. 105/2006/ND-CP as amended and supplemented. KENFOX would like to provides 10 salient aspects of the Decree, shedding light on the changes and new mechanisms so that industrial property rights holders should grasp and adjust their strategies to effectively safeguard their intellectual property assets in Vietnam.

Hong Kong and UK Remote Working and Permanent Establishments

Remote working – yes, the immigration considerations are paramount – but, before sending an employee to legally work in a foreign country, what else should be considered? Well… lots! Top of the agenda should be the tax considerations. By sending an employee to work in a foreign jurisdiction, an entity may form a “Permanent Establishment” (PE) rendering it subject to foreign tax. If this is not the intention, it is essential that companies assess the PE risk before undertaking a remote working policy.

Egyptian Maritime Law in the Context of International Conventions

With the burgeoning globalisation of trade and commerce, maritime activities have transcended beyond just vessels and oceans; they encompass intricate webs of international conventions, laws, and regulations. Egypt, being strategically positioned as a critical junction in global maritime routes, has its maritime law significantly influenced by international conventions. As Andersen Egypt, we delve deeper into understanding the interplay between international conventions and the Egyptian Maritime Law to offer a comprehensive view of its implications.

Effective Legal Routes to Tackle Trademark Infringement in Myanmar

Myanmar's commitment to safeguarding intellectual property rights (IPR) and fostering innovation-driven growth is evident in its comprehensive Trademark Law, which provides a robust framework for right holders to protect their trademarks against infringement. Sections 77-86 of the law outline the options, responsibilities, and measures available to right holders seeking to take action against trademark violations in the country. In this article, we delve into the key provisions of these sections, shedding light on the procedural aspects and civil remedies available to protect trademark rights in Myanmar.

What If You File Form 3520 Late: Form 3520 Penalties

While the FBAR is the most common type of international information reporting form that US persons with foreign accounts may have to file, there are several other types of IRS foreign tax forms that US persons may have to file as well -- and Form 3520 is a good place to start. Form 3520 is one of the most common international reporting forms besides the FBAR. It is an international reporting form that requires US persons to report certain foreign gift and trust transactions, including: • Receiving a large gift from a foreign individual or entity, • Receiving a trust distribution from a foreign trust, • Maintaining ownership of a foreign trust, and • other various transactions with a foreign trust Let's walk through the basics of Form 3520, along with the code sections that authorize the IRS reporting requirements.

Trademark Invalidation and Cancellation in Myanmar – Critical Considerations

Myanmar, a nation with a rich cultural heritage and a burgeoning economic landscape, has made remarkable strides in strengthening its legal framework for trademarks. With the enactment of the Trademark Law, the country has demonstrated a commitment to protecting and preserving the integrity of registered marks. At the heart of this legislation lie Sections 50, 51, and 52, pivotal provisions that tackle crucial aspects like invalidation, cancellation, and the prohibition of the use of canceled or refused marks. Together, these sections play a pivotal role in empowering stakeholders, fostering fair competition, and ensuring transparency within Myanmar's trademark system. In this article, we will focus on the details of each section and examine their significance in safeguarding trademark rights in Myanmar.

FBAR Penalties: If You Don't File, Will You Be Penalized?

What Happens If You Do Not File FBAR (FinCEN 114)? While there are many different international information reporting forms a US Taxpayer may have to file each year in order to report their foreign accounts, assets, investments, and income -- the FBAR (aka FinCEN Form 114) is the most notorious. Up until early 2023, the IRS was in the habit of issuing penalties against noncompliant Taxpayers at $10,000 per account, per year – which could spell disaster for taxpayers who had several unreported accounts over many years. Then, in 2023, the Supreme Court in the case of Bittner put a stop to the IRS' penalty madness and limited non-willful FBAR penalties to $10,000 per year (the $10,000 adjusts for inflation). So, what happens now when a Taxpayer misses prior year FBAR filings and wants to go back to file FBARs for previous years?

New EU-US Data Privacy Framework (DPF)

The new arrangement for transferring information about EU citizens to the United States offers European and foreign companies a simpler mechanism to enable their privacy protection procedures to be recognized as GDPR-compliant.

China: The U.S. Issues Executive Order Restricting Investment in Certain Technologies

On 9 August 2023, the U.S. government issued the Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (“Executive Order”) , which states that “advancement by countries of concern (meaning China, including Hong Kong and Macao) in sensitive technologies.

Trademark Licensing in Myanmar – What You Need to Know

In the dynamic world of intellectual property, trademarks play a crucial role in distinguishing products and services from one another. Myanmar's Trademark Law, in its Sections 45 to 49, introduces the concept of licensing for registered marks, providing trademark owners with a mechanism to grant permission to other individuals or legally formed organizations to use their marks. This legal framework not only facilitates the responsible use and commercialization of trademarks but also ensures the protection of all parties involved.

Trademark Appeal Process in Myanmar: How to Exercise Your Right to Appeal?

In Myanmar, the appeal process for intellectual property (IP) subject matters, particularly trademarks, is governed by Sections 65 and 66 of the Trademark Law. These sections outline a hierarchical structure with two levels of appeal, time limits for lodging appeals, and the scope of authority vested in each appeal authority. This article aims to provide an overview of the critical considerations that stakeholders should be aware of when seeking to challenge decisions made under Myanmar's Trademark Law. Hierarchical appeal process The appeal process is organized hierarchically, providing a well-defined route for dissatisfied individuals to challenge decisions related to trademarks. The first level of appeal involves appealing to the Intellectual Property Rights Agency (“Agency”) from any decision made by a Registrar. The Agency serves as an intermediate authority that reevaluates the Registrar's decision based on the appellant's arguments and evidence.

How to Renew Trademark Registrations in Myanmar?

In the dynamic landscape of intellectual property rights in Myanmar, trademarks play a pivotal role in safeguarding brand identities and establishing consumer trust. Myanmar's Trademark Law provides a solid legal framework for trademark registration, granting an initial term of 10 years from the submission date of the registration application. Upon the expiry of this term, trademark owners have the opportunity to renew their registration for subsequent 10-year periods. This article delves into the essential aspects of trademark renewal in Myanmar, highlighting the process, requirements, and the Registrar's responsibilities in ensuring brand continuity and intellectual property protection.

How Does Myanmar's Trademark Law Facilitate Ownership Transfers?

In Myanmar's rapidly evolving business landscape, trademarks play a crucial role in establishing brand identity and protecting intellectual property assets. The Myanmar Trademark Law grants comprehensive rights to trademark applicants and owners, enabling them to transfer ownership to other individuals or legally formed organizations. Sections 42, 43, and 44 of the Trademark Law outline the process and requirements for the transfer of ownership rights for both pending trademark applications and registered marks. This article explores the legal provisions governing trademark transfers in Myanmar and highlights the significance of proper documentation and transparency in maintaining the integrity of the trademark registration system.

The Italian Passport: Second Global Power

The Italian passport has once again proven itself among the most powerful passports in the world, securing the second position in 2023, alongside Spain and Germany, and trailing behind Singapore, according to the ranking compiled by the Henley Passport Index.

China Issues New Guidelines Aimed at Attracting Foreign Investment

On 13 August 2023, the State Council of the People’s Republic of China released a circular entitled Opinions on Further Improving the Foreign Investment Environment and Enhancing Attraction of Foreign Investment (“Opinions”) following the policy of attracting foreign investment emphasized at the politburo meeting of the CPC Central Committee held in April this year.

How a U.S. Immigration Attorney Can Make Your Dreams to Move to Italy a Reality

Unlock the doors to Italy with the expertise of an immigration attorney.

What Are The Rights of Foreigners Working in Turkey?

Especially in recent times, with the influence of globalization, there has been a noticeable increase in the number of foreign employees in Turkey. The first question that comes to mind regarding foreigners working in Turkey is how they will obtain a work permit or residence permit in Turkey.

Egypt: Beyond Tax Incentives - The Comprehensive Guide to Offshore Share Structures

While offshore company formations are often associated with tax advantages, there’s a broader palette of benefits that can be reaped. Among these is the versatility offered by different share types available in these jurisdictions, designed to cater to varying business requirements and strategies.

Trademark Law in Myanmar: Understanding Exclusive Rights and Legitimate Uses

In Myanmar's dynamic business landscape, trademarks serve as invaluable assets for businesses seeking to establish brand identity and consumer trust. The Myanmar Trademark Law grants trademark owners comprehensive rights to maintain the exclusivity of their marks and protect their brand reputation. However, it also introduces essential exceptions to strike a balance between trademark owners' rights and legitimate uses in the market. In this article, we explore the provisions outlined in Sections 38, 39, 40, and 41 of Myanmar's Trademark Law, shedding light on the rights granted to trademark owners and the exceptions to these rights.

Enforcing Foreign Arbitration Awards Guidance Under Pakistan Law

Arbitration as a mode of resolving disputes around the world by states and global businesses has gained much traction owing to its numerous benefits. Until recently, Pakistan has been in the spotlight of international arbitration proceedings, having nexus with foreign investments in high yield sectors like energy, mining, shipping and technology. One of the recent highlights in the public domain include Reko Diq, Karkey Karadeniz and Agility, where billions of dollars' worth of claims were filed by foreign investors in the World Bank's International Centre for Settlement of Investment Disputes (ICSID).

The Trademark Law in Action in Myanmar

In a momentous stride towards intellectual property protection, Myanmar enacted its landmark Trademark Law in 2019, setting the stage for a new era of brand safeguarding in the country. On April 26, 2023 which coincides with the World IP Day, the Myanmar Intellectual Property Department (IPD) celebrated this significant milestone with a special "grand opening" event. Since the commencement of this event, the IPD has been receiving new trademark applications.

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