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DAC Beachcroft | United Kingdom | 22 Nov 2018

Pre-Action Disclosure and the Low Value Protocol: what costs are payable?

Where claims commence within the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims and then exit…
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Linklaters LLP | Belgium | 20 Nov 2018

Forthcoming changes to the legislation on profit premium (“winstpremie / prime bénéficiaire”)

On 1 January 2018, the profit premium, a simplified and attractive bonus scheme, entered into force (see our newsletter of 9 February 2018). The…
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Studio Legale e Tributario Biscozzi Nobili Piazza | Italy, OECD | 20 Jul 2018

Implementing BEPS Actions 8 to 10

The new principles introduced by Actions 8 to 10 of the Base Erosion and Profit Shifting project have been reflected in Italy through Decree-Law 50/2017's amendments to Article 110(7) of the Income Tax Code. The new article includes a specific reference to the arm's-length principle and provides for implementing provisions to be issued by the Ministry of Finance to align with international......
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 25 Jun 2018

The Supreme Court Permits Recovery of Lost Profits for Foreign Uses

On June 22, 2018, the U.S. Supreme Court issued a significant decision regarding the recovery of lost profits for foreign uses of a U.S. patented…
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Taft Stettinius & Hollister LLP | USA | 25 Jun 2018

High Court: Patent Owners May Flex Their Reach on Lost Profits Beyond U.S. Borders - WesternGeco v. ION (2018)

The United States Supreme Court on June 22, held that patent owners can recover certain profits lost outside the U.S. If an infringing product or a…
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Porzio Ríos García | Chile | 20 Jun 2018

Employment liability cannot be avoided by hiring staff through affiliates or related entities

When structuring their businesses, companies must keep in mind that employment liability cannot be avoided by hiring personnel through their company affiliates or related entities. Fines may apply if the existence of multiple companies under a common employment management is found to be a scheme to avoid compliance with employment rights (eg, allocating profits in one company but hiring......
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REBECA HERRERA ABOGADOS | Colombia | 19 Jun 2018

The indemnities for loss of profit insurance are taxed with withholding tax as income

The Colombian Tax Authority, DIAN, through Concept 3209 of February 9, 2018, specified that the sum paid for indemnities derived from loss of profits…
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Smart & Biggar | Canada | 18 Jun 2018

Apotex not entitled to reopen trial on esomeprazole (Nexium) patent validity

The validity of AstraZeneca's NEXIUM patent has finally been decided by the Supreme Court of Canada, with any doubt about the court's intent resolved by its dismissal of Apotex's motion to raise new grounds of patent invalidity. The court also held that AstraZeneca was entitled to a declaration of infringement and ordered the quantification of AstraZeneca's damages or Apotex's profits.
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Smart & Biggar | Canada | 16 Apr 2018

Accounting of profits remedy offers significant benefits to patent owners

The availability of an accounting of profits in Canada as a remedy for patent infringement can offer significant benefits to patentees, including in cases involving infringing goods sourced from Canada that are being sold elsewhere. The availability of such a remedy and a number of other factors, including the ability to expedite proceedings and the lower cost of litigation, make Canada an......
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Baker McKenzie | Australia, United Kingdom | 13 Apr 2018

Healthcare Update - April 2018

On 6 November 2017, a number of significant changes to Australia’s competition law came into effect. The changes are the result of a series of…
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