Thursday, November 5, 2020

Leading Law firm in Dubai, UAE.


 Emirates Advocates is one of the Leading Law firm in Dubai, UAE. We provide Legal services in the entire UAE including Dubai, Jebel Ali Free Zone, Abu Dhabi, Ajman, Fujairah, Ras al Khaimah, Sharjah, Abu Dhabi Global Market. Emirates Advocates is having global presence including USA, United Kingdom, India and China. Our Team is a perfect mix of Emirati and International team of Lawyers in Dubai and UAE to serve wide spectrum of Legal requirements.

The team of Lawyers at Emirates Advocate consists of Experienced Corporate and Commercial Lawyers, Business Setup and Company registration Lawyers, Drafting and Contract review Legal consultants, Litigation Lawyers, Arbitration and ADR Lawyers, Banking and Finance Lawyers, Insurance and Maritime Legal experts, Real Estate and Construction Lawyers, Medical Negligence Legal experts, Legal Translation Experts, Debt Collection Law experts, VAT Consultation legal experts, Offshore and Free zone company formation Lawyers in Dubai and UAE.

Our far-reaching, international network covers the Gulf Cooperation Council (GCC), Middle East, Europe and other corners of the world. Emirates Advocates is a member of several private legal networks, giving us unique access to legal resources that we can provide to our clients. The firm is also a member of the International Chamber of Commerce (ICC) and the International Bar Association.

Monday, November 2, 2020

 

Advocates in dubai, Lawyers in dubai, law firm in Dubai

Emirates Advocates is one of the Leading Law firm in Dubai, UAE. We provide Legal services in the entire UAE including Dubai, Jebel Ali Free Zone, Abu Dhabi, Ajman, Fujairah, Ras al Khaimah, Sharjah, Abu Dhabi Global Market. Emirates Advocates is having global presence including USA, United Kingdom, India and China. Our Team is a perfect mix of Emirati and International team of Lawyers in Dubai and UAE to serve wide spectrum of Legal requirements.

The team of Lawyers at Emirates Advocate consists of Experienced Corporate and Commercial Lawyers, Business Setup and Company registration Lawyers, Drafting and Contract review Legal consultants, Litigation Lawyers, Arbitration and ADR Lawyers, Banking and Finance Lawyers, Insurance and Maritime Legal experts, Real Estate and Construction Lawyers, Medical Negligence Legal experts, Legal Translation Experts, Debt Collection Law experts, VAT Consultation legal experts, Offshore and Free zone company formation Lawyers in Dubai and UAE.

Our far-reaching, international network covers the Gulf Cooperation Council (GCC), Middle East, Europe and other corners of the world. Emirates Advocates is a member of several private legal networks, giving us unique access to legal resources that we can provide to our clients. The firm is also a member of the International Chamber of Commerce (ICC) and the International Bar Association.


 


 

Sunday, November 1, 2020


 


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Thursday, September 3, 2020

‘Volvo’ Instagram Lawsuit Exposes Social Media Copyright Nuances


 The recent lawsuit against automaker Volvo over an Instagram story shines new light on the convoluted question of social media content licensing and rights, especially when it comes to sharing or reposting “public” content. The terms of use for social media platforms have long been seen as overbroad when it comes to granting the companies themselves rights to user-generated content. These newest cases highlight the risks for professional photographers, models, and the companies they interact with online. The rapidly-developing social media world is facing a slow-changing legal system, and cases like these are of vital importance and should be followed closely.

The suit, brought by a photographer and the model he photographed, accuse Volvo of copyright violation, unfair competition, false endorsement, and misappropriation of the model’s likeness. The post in question was an Instagram Story that Volvo posted, featuring photographs of the model posing with one of its cars, and subsequently including a link to Volvo’s website.

Copyright claims by photographers, many of whom post their work to social media, are nothing new. Targets of these suits have included everyone from Ariana Grande and Justin Bieber to Jennifer Lopez and the Kardashians -celebrities and influencers who have monetized their social media feeds and can make six figures per post for sponsored content. But for brands, whose social accounts and their own websites are a form of advertising, it can be less clear-cut, and they must be especially careful when navigating these issues.

Volvo, in a motion to dismiss the suits, claims that by posting the photos publicly, and by tagging the Volvo account in the posts, the images were subject to re-sharing, and a license was implied. Their motion also holds that the model has no claim regarding Volvo’s redistribution of the images, and asserts that the model agreed to be photographed with the car and have the images published, and thus brought any confusion on endorsement on herself.

Jeffrey Gluck, a lawyer for photographer Jack Schroeder and model Britni Sumida, repeated a warning many have voiced about the dire implications of assuming free use of publicly-posted content. “Volvo’s argument, that they can allegedly take and exploit ANY photo publicly posted on Instagram, is dangerous, chilling, and wrong,” Gluck said in a statement to The Hollywood Reporter. “The entire global creative community should be on high alert, and Instagram should speak up immediately. The creative rights and livelihoods of millions of people are now at stake.”

The convoluted nature of social media terms of use means embedding content can be a different story from merely reposting it. In April 2020, the U.S. District Court for the Southern District of New York ruled in Sinclair v. Ziff Davis LLC that the defendant, multimedia entertainment company Mashable, did not infringe on a photographer’s rights when it embedded a post from Instagram. The company had shared the content without securing permission from the photographer, but had used the platform’s API (application programming interface), which the terms of use allow users to use for embedding posts on websites. The court held that the photographer’s right to license their photo, and Instagram’s right as a licensee to sublicense the photo, were distinct from each other. Importantly, because the court determined that Mashable had, in fact, been granted a license by Instagram, it did not touch the question of whether or not embedding an image can be considered a copyright-infringing “display.”

In a case heard by a different judge from the very same district court, the question of embedding (in this instance a tweet) being a “display” that can infringe on copyrights resulted in a different conclusion. Goldman v. Breitbart News Network LLC et al. saw a settlement out of court after a widely-criticized decision for partial summary judgement in favor of the photographer, whose photo had been included in an embedded tweet without permission.

With so many pages of terms of use to read through for each social media platform, and the terms being subject to change at any time (Facebook is updating its terms of use effective October 1, 2020), it is unlikely this question will have a clear resolution. The social media giants will of course insulate themselves and maintain their license rights for content posted on their platform. But we live in social media world where sharing is increasingly crucial, where companies rely on tagging and branded hashtags for promotional events and advertising, and creatives face a “publish or perish” approach to staying relevant on the platforms. Lawsuits like these will lay the legal groundwork for generations to come, and should be carefully watched by anyone with a stake in social media content. Here’s hoping the law can keep up.

Legal Entertainment reached out to both an attorney for the plaintiff and Volvo USA, and has not received a response at the time of publishing. We will update this article if and when we receive a response.

source:forbes

Wednesday, September 2, 2020

Facebook threatens to block Australians from sharing news in battle over landmark media law

 

Facebook will block Australians from sharing news if a landmark plan to make digital platforms pay for news content becomes law, the digital giant has warned.

The sharing of personal content between family and friends will not be affected and neither will the sharing of news by Facebook users outside of Australia, the social network said.

The mandatory news code has been backed by all the major media companies including News Corp Australia, Nine Entertainment and Guardian Australia, as a way to offset the damage caused by the loss of advertising revenue to Facebook and Google.

“Assuming this draft code becomes law, we will reluctantly stop allowing publishers and people in Australia from sharing local and international news on Facebook and Instagram,” the managing director of Facebook Australia & New Zealand Will Easton said in a blog post on Tuesday.

“This is not our first choice – it is our last. But it is the only way to protect against an outcome that defies logic and will hurt, not help, the long-term vibrancy of Australia’s news and media sector.”

Treasurer Josh Frydenberg said the government would continue with the legislation and did not respond to “coercion or heavy-handed threats”.

The Australian Competition and Consumer Commission chair Rod Sims said Facebook’s threat was ill-timed and misconceived.

“The draft media bargaining code aims to ensure Australian news businesses, including independent, community and regional media, can get a seat at the table for fair negotiations with Facebook and Google,” Sims said.

“Facebook already pays some media for news content. The code simply aims to bring fairness and transparency to Facebook and Google’s relationships with Australian news media businesses.

“We note that according to the University of Canberra’s 2020 Digital News Report, 39% of Australians use Facebook for general news, and 49% use Facebook for news about COVID-19.

“As the ACCC and the Government work to finalise the draft legislation, we hope all parties will engage in constructive discussions.”

Tuesday’s statement marked the company’s first comment since Google also took an aggressive approach to the looming legislation, although the search giant has stopped short of saying it would block search functions in Australia.Advertisement

The director of the the Australia Institute’s Centre for Responsible Technology, Peter Lewis, said Facebook is prepared to remove trusted journalism from its site but will allow disinformation and conspiracy theories to flourish.

“As a big advertising company, Facebook would do well to realise its success is only as strong as its network of users,” Lewis said.

“Bullying their elected representatives seems a strange way to build long-term trust.

The announcement blindsided Australian media following a long silence from Facebook in Australia. Facebook chose to brief American journalists ahead of the release of the news about the ban, while ignoring Australian media.

Sources said the targeting of the US media indicated Facebook’s main concern was that the mandatory code set an “international precedent”.

Nine Entertainment, publisher of the Sydney Morning Herald and the Age, said Facebook’s “strange” response had demonstrated its use of its monopoly power “while failing to recognise the importance of reliable news content to balance the fake news that proliferates on their platform”.

“We are ready to engage and hope to come to a constructive outcome with Facebook which will work for both of us and importantly the Australian community,” a Nine spokeswoman said.

Facebook said the competition regulator “misunderstands the dynamics of the internet” and will damage the media companies it is trying to protect with the bargaining code which would see Google and Facebook sharing some of the revenue they get from advertising using news content.

“When crafting this new legislation, the commission overseeing the process ignored important facts, most critically the relationship between the news media and social media and which one benefits most from the other.”

Easton denied the ACCC’s claim that the digital giants make money from news, saying “the reverse is true” in the case of Facebook.

He said in the first five months of 2020 Facebook sent two billion clicks from Facebook’s News Feed back to Australian news websites “at no charge”, traffic that was worth an estimated $200m to Australian publishers.

In the incendiary post Facebook branded the scheme devised by the ACCC as one which allowed publishers to “charge us for as much content as they want at a price with no clear limits”. The statement had some support, including from billionaire tech mogul Mike Cannon-Brookes who said media would be the loser not Facebook.

In a separate post, the vice president of global news partnerships for Facebook, Campbell Brown, said the company’s commitment to journalism had not changed and listed the projects Facebook had launched globally.

“And we hope to once again count Australian news publishers among our partners in the future,” Brown said.

Brown said the company was “disappointed” by the outcome in Australia which did not produce regulation which helped the relationships between technology companies and news organisations but one which hindered it.

Facebook told users it was updating its terms of reference next month, apparently to include the ban on Australians sharing news. The new line in the terms is: “We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Facebook”.Advertisement

The minister for communications Paul Fletcher said Facebook’s statement was a reminder that the tech giants had a history of making heavy-handed threats and the government remained committed to the mandatory code.

The commercial TV lobby group accused Facebook of bullying.

“What we’re seeing today is a global monopoly that will say and do anything to avoid making a fair payment for news content, Free TV Australia chief executive Bridget Fair said: “Australian Facebook users are being held to ransom as a tactic to intimidate the Australian Government into backing down on this issue.”

source:theguardian

Tuesday, September 1, 2020

New law for Dubai government entities to set up companies

 Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of the Dubai Executive Council, said the continuous development of the emirate's legislative framework is crucial to the achievement of Dubai's strategic objectives. The enhancement of the legal framework is a vital element in enhancing the growth prospects of various sectors, he stressed.

"As part of implementing the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, to accelerate economic development and promote investments, Dubai places high importance on creating an integrated legislative infrastructure that facilitates equal opportunities for public and private sectors. We are keen that the private sector plays a major role in shaping the future of the national economy and achieving sustainable development. A legislative framework that protects their interests is critical to their growth and success."

He added: "We do not want to be a competitor to the private sector, but rather seek to complement it. The partnership between the public and private sectors adds significant value to Dubai's sustainable development."

Sheikh Hamdan's comments came as he issued Executive Council Resolution No. (23) of 2020 on the terms, conditions and regulations governing the establishment of companies by Dubai Government entities. The resolution standardises procedures for establishing government-owned companies in line with international best practices. It seeks to encourage investments in various sectors and ensure strong governance at government-owned companies.
According to the resolution, a government entity is allowed to establish a company if its main activity falls within the objectives and responsibilities of the entity. It should also contribute to Dubai's sustainable development plans and offer products and services of strategic economic importance.

To establish a government-owned enterprise, the government entity must follow the standardised procedures outlined in the resolution. It should coordinate with Dubai's Department of Finance to prepare a feasibility study for the new enterprise and adhere to the articles of the UAE Federal Law No (2) of 2015 on Commercial Companies. Dubai's Department of Finance, in coordination with the General Secretariat of The Executive Council, will review the company's feasibility study, conduct competitor analysis and submit its recommendations to the Chairman of The Executive Council or the First Deputy Chairman of The Executive Council for approval.

The newly established company must uphold the principles of fair competition. It will not enjoy any advantage or receive any financial support from the government. Government-owned companies should pay all taxes, fees, charges and tariffs specified by federal and local legislations.

All government-owned companies under the purview of this resolution must abide by its provisions within two years of the date of its activation. The Director General of Dubai's Department of Finance will issue all the bylaws required to implement the resolution.

Monday, August 31, 2020

New law for Dubai government entities to set up companies

Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of the Dubai Executive Council, said the continuous development of the emirate's legislative framework is crucial to the achievement of Dubai's strategic objectives. The enhancement of the legal framework is a vital element in enhancing the growth prospects of various sectors, he stressed.

"As part of implementing the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, to accelerate economic development and promote investments, Dubai places high importance on creating an integrated legislative infrastructure that facilitates equal opportunities for public and private sectors. We are keen that the private sector plays a major role in shaping the future of the national economy and achieving sustainable development. A legislative framework that protects their interests is critical to their growth and success."

He added: "We do not want to be a competitor to the private sector, but rather seek to complement it. The partnership between the public and private sectors adds significant value to Dubai's sustainable development."

Sheikh Hamdan's comments came as he issued Executive Council Resolution No. (23) of 2020 on the terms, conditions and regulations governing the establishment of companies by Dubai Government entities. The resolution standardises procedures for establishing government-owned companies in line with international best practices. It seeks to encourage investments in various sectors and ensure strong governance at government-owned companies.
According to the resolution, a government entity is allowed to establish a company if its main activity falls within the objectives and responsibilities of the entity. It should also contribute to Dubai's sustainable development plans and offer products and services of strategic economic importance.

To establish a government-owned enterprise, the government entity must follow the standardised procedures outlined in the resolution. It should coordinate with Dubai's Department of Finance to prepare a feasibility study for the new enterprise and adhere to the articles of the UAE Federal Law No (2) of 2015 on Commercial Companies. Dubai's Department of Finance, in coordination with the General Secretariat of The Executive Council, will review the company's feasibility study, conduct competitor analysis and submit its recommendations to the Chairman of The Executive Council or the First Deputy Chairman of The Executive Council for approval.

The newly established company must uphold the principles of fair competition. It will not enjoy any advantage or receive any financial support from the government. Government-owned companies should pay all taxes, fees, charges and tariffs specified by federal and local legislations.

All government-owned companies under the purview of this resolution must abide by its provisions within two years of the date of its activation. The Director General of Dubai's Department of Finance will issue all the bylaws required to implement the resolution.

Monday, June 29, 2020

Apple files intellectual property action against Stassen Exports

World-renowned US tech giant Apple Inc. has filed an intellectual property action in the Commercial High Court of Colombo by way of Plaint last week against Stassen Exports Ltd., in line with a strong stance taken in protecting their intellectual property rights worldwide.

The Plaintiff, Apple Inc., set out in its Plaint that, in the backdrop where ‘Apple’ is one of the most well-known and valuable international brands and the ‘Apple’ device mark of the Plaintiff, consisting of an apple with a leaf slanting to the right and a distinctive bite taken out of the right-hand side, is one of the most famous and widely recognised marks of all time,  the Defendant Stassen Exports had dishonestly applied for and obtained registration of a mark unlawfully/unfairly resembling the said ‘Apple’ device mark of the Plaintiff.

Co-founded by Steve Jobs and Steve Wozniak and incorporated in 1977, Apple Inc. is a global leader and innovator in mobile communication and media devices, personal computers and related software, services, accessories, networking solutions and third-party digital content and applications, being the company behind internationally-acclaimed products, services and applications such as iPhone, iPad, Mac, iPod, Apple Watch, Apple TV, iCloud, Apple Pay, iTunes, App Store, Apple Music, Apple Books and much more.  

It is one of the largest publicly traded companies in the world by market capitalisation and one of the highest valued corporate entities of all time, becoming the first publicly traded company in the US to be valued at over $ 1 trillion in August 2018.

The Plaintiff pleaded that the Defendant’s mark ought to be nullified under Section 134 of the Intellectual Property Act No. 36 of 2003 as well as on the grounds of the registration amounting to an act contrary to honest trade practices in contravention of Chapter XXXII of the Intellectual Property Act. 

The Defendant appeared in court on 17 June, the summons returnable date, and High Court Judge M. Ahsan R. Marikkar fixed 19 August as the date for the Defendant to file its answer.

Apple Inc., the Plaintiff, was represented in Court by Dr. Harsha Cabral President’s Counsel, who appeared with Nishan Premathiratne and Migara Cabral, on the instructions of Juanita Desiree Perera.

The Defendant Stassen Exports was represented by Nihal Fernando President’s Counsel, with Harshula Seneviratne, on the instructions of Upendra Gunasekara. 

Sunday, June 28, 2020

Unilever to stop US ads on Facebook, Twitter for rest of year




Unilever said on Friday it will stop advertising on Facebook, Instagram and Twitter in the United States for the rest of the year, citing "divisiveness and hate speech during this polarized election period in the U.S."

The consumer goods company, which owns brands like Dove Soap and Lipton tea, joins a growing advertising boycott against Facebook as part of the "Stop Hate for Profit" campaign started by U.S. civil rights groups after the death of George Floyd. The effort called on Facebook, which owns Instagram, to do more to stop hate speech and misinformation.

Shares of Facebook and Twitter both fell more than 7%.

"Continuing to advertise on these platforms at this time would not add value to people and society. We will be monitoring ongoing and will revisit our current position if necessary," Unilever said in a statement.

"The Stop Hate for Profit" campaign asks businesses not to advertise on Facebook's services in July. It focuses on specific recommendations for Facebook, though Twitter has also long been under pressure to clean up alleged abuses and misinformation on its platform.

"We have developed policies and platform capabilities designed to protect and serve the public conversation, and as always, are committed to amplifying voices from under-represented communities and marginalized groups," said Sarah Personette, vice president for Twitter's Global Client Solutions.

"We are respectful of our partners' decisions and will continue to work and communicate closely with them during this time."

More than 90 advertisers including Verizon Communications and The North Face, a unit of VF Corp, have joined the campaign, according to a list by ad activism group Sleeping Giants, a partner in the campaign.

Earlier this week, ice-cream maker Ben & Jerry's, a unit of Unilever, said it would pull its Facebook and Instagram ads in the United States.

In a statement, a Facebook spokeswoman pointed to its civil rights audit and investments in Artificial Intelligence that allow it to find and take action on hate speech.

"We know we have more work to do, and we'll continue to work with civil rights groups, GARM, and other experts to develop even more tools, technology and policies to continue this fight," she said, referring to the Global Alliance for Responsible Media.

Other groups in the campaign include the NAACP, Anti-Defamation League, Common Sense, Free Press and Color of Change.


Thursday, June 25, 2020

'Match-fixing law will be a game-changer in India'

Making match-fixing a criminal offence will be a "game-changer" and the "single-most-effective thing" for sport in India. That is the strong belief of Steve Richardson, the coordinator of investigations at the ICC's anti-corruption unit (ACU). Ajit Singh, the head of the BCCI's ACU, concurs with that viewpoint, adding that India also needs a "very strong law" against betting, which is believes is the source of corruption in cricket in India.
With India scheduled to host two global marquee men's events in the next three years - the 2021 T20 World Cup followed by the ODI World Cup in 2023 - Richardson urged the Indian government to consider creating a match-fixing law for sport like its neighbour Sri Lanka.
In 2019 Sri Lanka became the first major cricket-playing country in South Asia to criminalise match-fixing with punishments including a 10-year prison sentence. The ICC ACU had helped the then Sri Lanka government to draft the legislation in the wake of extensive investigations that found several Lankan cricketers including former captain Sanath Jayasuriya guilty of breaching the corruption code.
"India has got two ICC global events coming up: the T20 World Cup [in 2021] and the World Cup in 2023," Richardson said. "At the moment with no legislation in place, we'll have good relations with Indian police, but they are operating with one hand tied behind their back. We will do everything we can to disrupt the corruptors. And we do, we make life very, very difficult for them as far and as much as we can to stop them from operating freely.
"But the legislation would be a game-changer in India. We have currently just under 50 investigations. The majority of those have links back to corruptors in India. So it would be the single-most-effective thing to happen in terms of protecting sport if India introduces match-fixing legislation."
Both Richardson and Singh were participating in a panel discussion on the subject of 'Does India need a match-fixing legislation?' as part of the Sports Law & Policy Symposium held on June 20. The rest of the panel comprised Supreme Court lawyer Rebecca John, who represented Sreesanth in the IPL spot-fixing case, senior journalist Pradeep Magazine, and Suhrith Parthasarthy, a lawyer in the Madras High Court.
More than the players, Richardson stressed the law would deter the corruptors, who he said were right now freely moving around. "I could actually deliver to the Indian police or the Indian government now at least eight names of people who are what I would term serial offenders, constantly approaching players to try and get them to fix matches," Richardson said. "At the moment with the lack of legislative framework in India it is very limited what the police can do, and to that extent they have my great sympathy because they try as professionally and hard as they can to make the existing legislation work, but the reality is it wasn't framed with sports corruption in mind.
"So the reason that there is an imperative for legislation specific to match-fixing - yes, it is about the players, but more importantly it is about those outside the sport who actually corrupt the players and are organising and pulling the strings of these networks. Those are the people I would like to see dealt with under match-fixing law."
Mohammad Amir, Salman Butt and Mohammad Asif were prosecuted under the 1906 Prevention of Corruption Act Getty Images
To support his stance, Richardson provided the example of the Bribery Act in the UK, which was used to prosecute former Pakistan batsman Nasir Jamshed, who pleaded guilty to charges of bribery in the PSL. Jamshed was handed a 17-month sentence in February by a Manchester court. In 2010, the Pakistan trio of Salman Butt, Mohammad Asif and Mohammad Amir were prosecuted under the 1906 Prevention of Corruption Act which was repealed by the Bribery Act.
"I see this from a slightly different perspective inasmuch as I do not see the players as the main problem when it comes to match-fixing," Richardon said. "The players are the final link in the chain who actually would go out on to the pitch and perform any act if they had agreed to do so. The problem that I see is further upstream and it's in the people who are organising the corruption, people who are paying the players the money, and most of those sit outside of the sport."
'No adequate law to cover match-fixing'
As far Singh was concerned, he said the BCCI's ACU could do "little" as far as the "non-participants" were concerned. But Singh, a former Indian Police Service officer, who served as DGP Rajasthan before taking charge at the BCCI in 2018, agreed that there had been "no adequate law to cover match-fixing", which both the federal government as well as the courts have recognised previously.
In 2013, the then Indian government even presented a draft bill for the prevention of sporting fraud, but it has not been acted on subsequently. The draft bill covers the definition of sporting fraud, the perpetrators, and the punishment - which can extend to five years of imprisonment, a fine of INR 10 lakh or five times the benefit derived from the sporting fraud.
In 2016, the RM Lodha Committee, which drew up the framework that paved way for the structural reform of the BCCI, told the Supreme Court that the Law Commission of India (LCI) should look into criminalising match-fixing in sport. Two years later, the LCI agreed that match-fixing of any kind in sport, including cricket, should be a criminal offence carrying significant punishment. Calling gambling and betting two sides of the same coin, the LCI also recommended to the Indian government that it consider regulating betting and gambling activities as against imposing complete prohibition.
"So definitely there is a requirement for a law which criminalises match-fixing," Singh said. According to Singh, the roots of match-fixing lie in betting, which he described as a "malaise" in India.
"Just to make windfall gains illegally in an illegal way through betting they [corruptors] approach the participants - it could be a player, it could be a curator, it could be a match official, whoever. And the amounts of the money involved are unimaginable."
Betting law - 'totally archaic and the punishments are laughable'
Singh said unverified accounts indicate annual turnover from betting in India is in the range of INR 30-40,000 crores. Singh pointed out that the corrupters were not just operating in international sport, but were also busy influencing players and matches in domestic cricket with some even posing as "godfathers" to young players
Singh said the BCCI's ACU had used data agencies like Sportradar to examine the extent of betting in some T20 matches in Indian domestic cricket. "It's not the IPL, but it's the state leagues. It (betting) comes to the tune of maybe [up to 20 million] euros or pounds. So the amount of betting even in small matches is so much that the temptation to fall prey to the demands or requests of these people is very high. And it is more so with people who don't see much of a future for themselves.
"Cricket is played in rural areas and mofussil towns and there are certain godfathers have come to finance them. They see a promising player, finance the player, become his patron, and ultimately what happens is when he is at a level where his games are televised, where he has made it to a certain league, then they extract the pound of flesh. So it needs to be curbed heavily, both at the match-fixing and betting level."
As it happens betting is illegal in India, but Singh pointed out it was governed by a law that was "laughable" in its current form. The law is the 1867 Public Gambling Act. Those breaching it barely blink an eye, Singh said, with only a cursory monetary penalty to pay. "We need to make a very strong law against betting. Right now the law that exists is totally archaic and the punishments in it are laughable. You impose a fine of INR 200 or 500 and that's the end of it."
Both John and Richardson agreed that the Gambling Act ought to be replaced as soon as possible. "Its quite an anomaly that you can bet INR 500 on the outcome of a match for a side to win/lose in India and that would be illegal," Richardson said. "However, if you offer USD 30,000 to a player to underperform in that match then there is nothing illegal in that."
Richardson pointed out that betting and corruption should been seen as separate only because betting was legal in many countries. "We have to be very, very clear here that betting itself is not corruption. So what is corruption is people who are trying to get to players to corrupt them in order to make money from betting."
Singh said part of the proposed law against sports corruption should comprise a "specialised" investigating agency, "which keeps a proper database, which can join the dots, which when it sees an alert raised on its screen so it could investigate. Also the law is to facilitate better investigation and better appreciation of what evidence can be collected and what evidence is available."
source:espncricinfo

Tuesday, June 23, 2020

Intellectual Property News


LG Wins Intellectual Property Lawsuit Against Beko
The Munich District Court has ruled in favour of LG in the intellectual property (IP) infringement lawsuit against the Turkish-based home appliance companies Beko Deutschland and Grundig Intermedia.
The case centred on the unlicensed implementation of LG’s patented freezer door-ice making technology. This technology was developed by LG for its side-by-side refrigerator models and is included in a portfolio of more than 400 patents relating to door-ice making tech.
LG is now seeking an injunction on the sale of infringing refrigerators that are produced by Ar-çelik A.Ş. in Turkey and then imported and sold by Beko and Grundig.
“LG Electronics is pleased with the court’s decision that Turkish companies should not be allowed to continue using technology developed by many LG engineers over thousands of hours without due compensation,” said Jeon Saeng-gyu, Executive Vice President of LG’s Intellectual Property Centre.
“On behalf of innovators and creators world over, LG will continue to challenge the practice of intellectual property theft by companies that believe they can benefit from the hard work of others.”
source:channelnews

Panerai Watches Defends Intellectual Property Against Copycat Manufacturer In China

talian/Swiss watchmaker Panerai recently announced it had earned a “favorable decision” in a major intellectual property case against Chinese manufacturer Awsky regarding the sale of counterfeit Panerai timepieces. The court decision, handed down by Guangdong Shenzhen Luohu District People’s Court in China on October 12, 2019, and finalized April 13, 2020, has demanded an immediate halt to all sales of infringing timepieces along with a sizeable financial compensation to Panerai. Awsky has been one of the most flagrant offenders in the Panerai counterfeit space, producing 48 separate models infringing on Panerai’s marks and distributing them through at least 16 different online sales platforms. Information exists to suggest that this is not the first time the defendant has engaged in anti-competitive behavior with Panerai prior to the facts of the current suit. This is seen as a big win for watch brands who rarely have many resources in stopping copycats and counterfeiters in China, where many of the watches are produced. The case outcome is likely rather narrow, not setting a great precedent that would materially help other brands from saving time and court effort in stopping future offenders. It does, however, show that the courts in China are by no means deaf to the commercial problems caused by unfair businesses practices all the way to flat-out intellectual property theft.
Counterfeit luxury watches are not a new phenomenon, and this legal decision in Panerai’s favor is the latest in a line of copyright cases by Swiss brands stretching back for many years. The latest decision against Awsky, however, stands out for several reasons. First, there is the origin of the court’s ruling to consider. China is a nation with notoriously lax standards when it comes to international copyright laws, so much so that entire industries in China have been built up around the production of not just imitations of luxury watches, but high fashion, toys, appliances, and even entire cars. The fact that a Chinese court has ruled against a manufacturer in China so harshly, even after multiple offenses, could potentially be the sign of a sea change in the way international copyright law is enforced in China. More so, this is not a case where all the infringing behavior involves mere trademark infringement, i.e., copying the logo. In this instance, the entire watch and theme of the brand are, in some senses, protected.
Many of the Awsky designs involved in the court decision might not be called counterfeits by the strictest definition of the word because they are not exact copies include protected trademarks (logos). Not only are the watches not labeled as Panerai products, with a clearly visible Awsky brand name, but many of the designs are not exact recreations of existing Panerai products. One of the most vibrant examples of this involves an Awsky model judged as a counterfeit of the black cased Panerai Radiomir PAM00532. While this Awsky watch clearly copies certain aspects of the Radiomir’s design, including the blacked-out cushion case, lumed sandwich dial, and straight lugs, there are several immediately recognizable differences between the two pieces. The Awsky’s crown is roughly double the size of the Panerai’s with a drastically different shape, the handset is a skeleton set copied from the Omega Seamaster Professional rather than any Panerai product, and the Awsky features a 3 o’clock date window that has no counterpart on the Panerai.
None of this is to say what Awsky was doing is not ethically reprehensible, but it leads to questions about just how effective the precedent set here will be. Many brands, some considered far more scrupulous than a marque like Awsky, often use elements of more famous watch designs in original models. For example, a large portion of the dive watch market utilizes case designs that could, in theory, be called copies or imitations of the Rolex Oyster case, and many similar examples of concept reuse exist throughout the industry. It seems unlikely that this court decision will completely erase this practice.
The decision of the Chinese courts should probably be seen as evidence that companies whose entire practice is meant to ride on the good and demand created by another company are not lawful. Awsky may have tried to curb strict trademark infringement but they still engaged in too much behavior that makes their brand, marketing, and sales feel too much like that of Panerai for the court to deem their business practices innocent and non-infringing. The result for other brands is that only when copycats are engaged in ongoing and rampant copycat-style business practices will the court step in to shut down the competitor. It is not believed that this court result will put a significant damper on illegal timepiece counterfeiting activity. More so, Panerai has a legal obligation to assert and attempt to protect its claimed intellectual property rights. This is because, in many instances, trademark intellectual property rights can be lost or genericized if the original rights owners do not try to protect them.
source:ablogtowatch




Monday, June 22, 2020

Saudi intellectual property authority to block 231 websites that violate regulations



The Saudi Authority for Intellectual Property (SAIP) has said 231 websites have been found to violate intellectual property laws in Saudi Arabia, and that it would prevent them from being accessed in the Kingdom.
In a continuous effort by SAIP to minimize violations against intellectual property rights, the authority organized an online inspection campaign of websites and platforms that were suspected of violating intellectual property laws, including sites based outside the Kingdom, to monitor and analyze for possible breaches.
The sites listed included streaming service websites, encrypted sports channels, websites that offer to download books in PDF form, and unlicensed websites that offer downloading and music streaming services that violate user rights. 
SAIP has also detected websites that are selling subscriptions for encrypted TV channels through software or illicit streaming devices for the purpose of displaying materials in an illegal format.
SAIP confirmed that these practices violate copyright protection law and entail financial penalties and fines that may reach up to SR250,000 ($66,000). In addition to the applied fines, the violations may cause the closure of sites, or the cancelation of commercial licenses, and in some cases could lead to imprisonment for a period not exceeding six months.
The authority stressed that it would not tolerate nor condone such violations, and called upon citizens and residents to support its efforts to respect intellectual property rights through communicating via its official channels.




Sunday, June 21, 2020

Zoom sees 900% user growth in UAE as remote working picks up amid Covid-19


Video conferencing platform Zoom's user base in the UAE grew 900 per cent to reach 1 million within a month after the country authorised its use in March, the company said.
Within the first week after the ban was lifted, Zoom gained 100,000 new free and paid users in the UAE, the US-based firm said in a statement on Sunday. In addition, 250 schools have also taken advantage of Zoom’s offer to lift the 40 minutes meeting time limit for the education sector.
The company, however, did not disclose the total number of customers it has in the UAE currently.
The company is “leaning into the Gulf and is very optimistic about the growth potential in the Middle East", he added.“At Zoom, we continue to have conversations with the region’s governments about how [it] is a valuable tool that helps increase productivity and growth, meets the highest standards of security for its users, and can support the development of a digitally-based global economy,” Sam Tayan, managing director for the Middle East and Africa at Zoom, said.
In March, UAE authorities eased restrictions on the usage of Voice Over Internet Protocol (VoIP) platforms including Microsoft’s Skype, Google Hangouts and Zoom to facilitate remote work and distant learning amid the coronavirus pandemic.
Zoom, which has been adopted by businesses, schools, universities and individuals, is used for social networking, as well as for entertainment and fitness classes over the last two months.
“Zoom is committed to infrastructure, marketing and services investment going forward in the UAE and looks forward to the continued cooperation with the government,” Mr Tayan said.
The video conferencing platform's performance in the UAE is in line with its global user growth, which have soared in the wake of the pandemic.
“The Covid-19 crisis has driven higher demand for distributed, face-to-face interactions and collaboration using Zoom ... use cases have grown rapidly as people integrated Zoom into their work, learning, and personal lives,” Eric Yuan, founder and chief executive of the firm said earlier this month.Zoom said the number of paying customers increased to 265,400 at the end of the first quarter this year, a quarter-on-quarter rise of 225 per cent.
The company’s first quarter net profit for the three months ending March 30 climbed on the back of higher revenue and number of users.
Net profit to shareholders surged to $27 million (Dh99.5m), which was 135-times the $200,000 earned in the same period a year ago. Revenue for the period reached $328.2m – a yearly increase of 169 per cent.
In its guidance for the second quarter, the company forecast revenue in the range of $495m to $500m, and for the full year it expects sales of between $1.77 billion and $1.8bn. In its last financial year ending January 31, the company made $622.6m in revenue.
Zoom has also attracted scrutiny from regulators and privacy advocates who have voiced concerns about the platform's security.
Last week, the company said it would offer end-to-end encryption (E2EE) to both paying customers and free users after initially saying that the extra security would only be given to paying customers.

Thursday, June 18, 2020

UAE nuclear smart systems get intellectual property certifications

The UAE Federal Authority for Nuclear Regulation (FANR) has obtained the Intellectual Property certifications for two of its prominent smart systems - Nuclear Technology Portal (NuTech) and FANR Awards, Recognition and Appreciation System (Faras).
 
The certifications, issued by the Ministry of Economy, reflect FANR’s commitment towards developing smart solutions in support of UAE government smart transformation of its services as well as adopting the criteria of Mohammed bin Rashid Government Excellence Award to ensure customers and employees’ efficiency and happiness.
 
"FANR’s smart services is driven by its innovation strategy to support UAE innovation efforts. Being the nuclear regulator in the UAE, our business necessitates developing innovative solutions to support our customers who are using radioactive sources in the UAE and ensuring their happiness by supporting efficiency in their transactions with FANR," said its Director-General Christer Viktorsson.
 
"Both NuTech and Faras portals have been instrumental in achieving our goals towards excellence," stated Viktorsson.
 
NuTech portal, which was developed by FANR’s ICT experts and launched in 2018, is the first automated import and export control system for nuclear-related dual use items and aims to facilitate the businesses to import and export regulated items in the UAE. 
 
The portal seeks to prevent the diversion, misuse and illicit trafficking in nuclear equipment and technology, in line with the international nuclear non-proliferation regime. In the first quarter of 2020, it processed around 1,425 requests with over 95 percent of those requests where completed in one day or less, stated the top official.
 
The NuTech Portal conducted its first customer satisfaction survey earlier this year and received a rate of 88 percent from licensees due to its efficiency and fast turnaround time, he added.-
Source:TradeArabia News Service