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Elias Neocleous & Co LLC | Cyprus, Lithuania | 16 Jan 2015

Cyprus-Lithuania double tax agreement takes effect

The double tax agreement between Cyprus and Lithuania recently took effect. Under its terms there is no withholding tax on dividends paid by a company resident in Lithuania to a company (but not a partnership) resident in Cyprus, provided that the recipient is the beneficial owner of at least 10% of shares in the company paying the dividend.
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Westerberg & Partners Advokatbyrå Ab | Estonia, Latvia, Lithuania, etc. | 7 Apr 2014

Sweden and Baltic states form Unified Patent Court regional division

Sweden has recently signed an agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court. According to the agreement, English will be the only language of proceedings and the seat of the regional divisional will be in Stockholm. The Swedish national court structure for IP disputes is under revision.
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Ellex | Lithuania | 16 Jul 2012

Trademark law reforms due for approval

The government has commenced proceedings in Parliament to ratify the Singapore Treaty. It also submitted draft amendments to the Law on Trademarks that would, among other things, implement the provisions of the treaty, modernise registration procedures for trademarks and eliminate the requirement that trademark licensing agreements be registered before they can be used against third parties.
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Ellex | Lithuania | 31 May 2012

Enforcement hotspots: plotting the Competition Council's regulatory approach

Lithuania's substantive competition law is similar to EU competition law; the main differences stem from enforcement rules and priorities. In recent times the Competition Council has adopted guidelines regarding fines and announced its enforcement priorities, highlighting several main characteristics of its approach.
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Ellex | Lithuania | 21 May 2012

Key tax aspects of IP rights transfers

Intellectual property can be transferred by assignment or licence agreement, by inheritance and by other procedures prescribed by law. Transferors and transferees of IP assets should ensure that they understand the tax consequences of assigning or licensing intellectual property in Lithuania.
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Ellex | Lithuania | 29 Mar 2012

De facto termination of anti-competitive practices

A Competition Council decision against 32 shipbroking and agency companies, together with their representative association, in connection with a price-fixing agreement has been appealed to the Administrative Court. It raises significant questions about the de facto termination of anti-competitive practices and the extent to which an undertaking in an association must distance itself from......
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Ellex | Lithuania | 23 Jan 2012

Parliament votes for big increase in private copying levy

Parliament has finally adopted new legislation to reform Lithuania's private copying levy, covering blank analogue and digital media and personal reproduction devices with memory and recording functions. The law is expected to raise well over double the current annual revenue. However, it remains to be seen whether the new regime will meet the expectations of the creative industries.
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Ellex | Lithuania | 1 Dec 2011

Non-arbitrable public procurement disputes: on the right track?

A recent Supreme Court decision is the first in Lithuanian case law on the issue of the arbitrability of public procurement disputes. However, it has already sparked a debate among experts. Is it a Pandora's box, opening up the possibility of more disputes being deemed non-arbitrable, or is it a necessary weapon against bad-faith actions arising from public procurement relationships?
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Ellex | Lithuania | 17 Nov 2011

Abuse of dominance decision annulled for lack of economic analysis

A recent judgment is likely to prove significant for companies facing competition enforcement in Lithuania. The court delineated the responsibilities of market regulatory authorities and the Competition Authority, clarified the standard of proof for the authority and confirmed that in-depth economic analysis is needed to determine the existence of abuse of dominant position by applying......
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Ellex | Lithuania | 10 Oct 2011

Court clarifies application of interim measures in patent infringement cases

A recent Court of Appeal decision on interim measures sought by pharmaceuticals company Bayer has important lessons for the protection of patents in Lithuania. When seeking interim measures, the effect of which would virtually coincide with the consequences of a successful claim, the patent holder must have a strong patent with no reasonable doubts surrounding its validity.
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