U.K: New Consultation from the ICO on Data Sharing Code

The Information Commissioner’s Office (ICO) has issued a consultation on a new statutory Code of Practice for the sharing of personal data.
The draft code sets out a model of good practice for public, private and third sector organisations. It covers routine data sharing, as well as one-off instances where a decision is made to release data to a third party. Most of its guidance is relevant across different industries, although there are some public sector specific considerations and a set of useful short case studies.

The code is therefore relevant to…

Enforcement of Patent Rights in China

Intellectual property protection is a key factor when a foreign company considers doing business in China. For quite a while, some foreign companies have been dubious about IP protection in this country. Drawing on several patent litigation cases between foreign and domestic companies, this article aims to provide the reader with a more accurate picture as to whether IP rights can be effectively enforced in the PRC.
General IP Practice in China

China’s patent law has been in effect since 1984. The law was amended three times through 2008 due to TRIPS requirements and to encourage…

ANALYSIS: Korean Supreme Court Excludes Buying Commission From Dutiable Value

Multinational corporations that import goods into Korea are commonly faced with aggressive challenges by the Korea Customs Service (Korea Customs) with respect to customs valuation determinations. The customs treatment of buying commissions, in particular, is a contentious issue. While buying commissions are known to be excluded from the transaction value of imported goods, Korea Customs has generally treated such commissions as dutiable payments that must be included in the transaction value. This approach may change, however, as a recent landmark Supreme Court ruling takes a more pro-importer position on the customs treatment of buying commissions.
Customs Treatment of Buying Commissions.
The World Trade Organization Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (generally referred to as the WTO Valuation Agreement) provides the general principles for an international system of customs valuation. Pursuant to…

EU, Russia Conclude Bilateral Agreement on Accession to WTO, Building on 2004 Deal

GENEVA—The European Union and Russia concluded a bilateral trade agreement Nov. 26 that will facilitate Russia’s accession to the World Trade Organization.
The deal, along with an earlier one between the United States and Russia (190 WTO, 10/4/10), are the clearest indications yet that Russia’s 17-year effort to secure WTO membership is moving into its final phase.
“The negotiators of the Russian Federation and of the European Commission have concluded the bilateral talks on key outstanding elements in the accession of the Russian Federation to the WTO,” the two sides said in a…

ANALYSIS: Sex, Lies And BitTorrent: Lessons From The United Kingdom’s ACS:Law Data BreachANA

An anti-piracy law firm has been at the heart of one of the United Kingdom’s worst security breaches. Copies of its emails were leaked onto the internet revealing details of thousands of alleged file sharers, many of whom had been sharing hardcore pornography.
This article considers the background to the leak and its repercussions.
ACS:Law
ACS:Law is an English law firm specialising in intellectual property. It advises on a range of issues, but it is best known for pursuing illegal file sharers, mainly…

ANALYSIS: Using The New EU Model Contract As A Basis For Intra-European Union Data Processing Agreements

1.1 Processing Relationships in the Context of a Group-Wide Centralization of Services
Groups of companies often centralize certain human resources, information technology, customer support, back office or other services across different countries and regions. This can be achieved by different means. One option is that the group entities jointly designate one of them (e.g., the parent entity) as an internal service arm for the entire group (internal sourcing). Another option is that the group entities jointly engage the same external service provider (outsourcing). Both options lead to a bundle of processing relationships between the group entities receiving the services (data controllers) and the entity rendering these services (data processor).
1.2 No Common EU Standard for Processing Agreements
According to the EU Data Protection Directive (95/46/EC), processing relationships must be governed by a contract or legal act binding the data processor to the data controller. In translating this requirement into national law, the EU Member States created more…

ANALYSIS: The European Commission’s Proposals For A Data Protection Framework For The 21st Century

The EU Data Protection Directive (95/46/EC) sought to strike a balance between the privacy of the individual (the fundamental right to the protection of data) and the aims of the EU internal market (namely, the distribution of information). Technological developments and increased globalisation have changed the landscape in which the Directive has to work, resulting in concern whether it remains “fit for purpose” in the changing landscape.
In 2009, the European Commission therefore launched a review of the Directive, including a high-level conference and a public…

ANALYSIS: U.S. EEOC Issues Final Regulations for Employers Under the Genetic Information Nondiscrimination Act

On Nov. 9, the Equal Employment Opportunity Commission (“EEOC”) issued its final regulations implementing the Genetic Information Nondiscrimination Act of 2008 (“GINA”).

1 These regulations underscore GINA’s broad implications for employers, which reach far beyond genetic testing. They will become effective Jan. 10, 2011.

1 Regulations Under the Genetic Information Nondiscrimination Act of 2008, 75 Fed. Reg. 68,911 (Nov. 9, 2010) (to be codified at 29 C.F.R. pt. 1635). GINA includes two titles. Title I applies to health care providers and health plans, and addresses the use of genetic information in health insurance. Title II applies to employers, and addresses the use of genetic information in the employment context. For a…

ANALYSIS: Acquisitions By U.S. Public Companies: Considerations Relating To Cooperation By Non-U.S. Target Companies

Let’s assume your company is a non-U.S. company in the midst of evaluating an acquisition proposal by a U.S. public company and your investment bankers point out that the acquisition may be effected using cash or shares, but, in the former case, the acquiror may need to fund the cash consideration through an offering of securities in the U.S. capital markets. Your finance director asks if there are any “SEC issues” she should be aware of. 1

1 Note that if the acquiror is a non-U.S. company but has a U.S. listing, many of the issues addressed in this Special Report may also be relevant to the extent that the acquiror will seek to access the U.S. capital markets to fund the acquisition.

We outline in this Special Report the principal issues that your company should consider in formulating its answers. We note that your company may be a private company, a public company or a division of a public company (which we refer to herein as the “target operations”). We assume that…

ANALYSIS: German Draft Investor Protection Act Would Toughen Rules Against Acquisition Of Stakes Without Disclosure

The global financial crisis from September 2008 onwards has had a considerable impact on international financial markets. Many legislators have reacted by enacting laws to support and strengthen financial markets. In Germany, the legislator has been active as well, and it has been considered necessary to better protect private investors, as they were perceived to have suffered significant losses as a result of the crisis.

Furthermore, in summer 2008, the Schaeffler Group announced a takeover offer for Continental AG, a German automotive company. Schaeffler had at the time of the announcement entered into cash-settled swaps covering nearly 30 percent of Continental’s shares, and came to the conclusion that there was no need to disclose these swaps under the rules governing disclosure of substantial shareholdings, even though it was probable that the underlying shares would be sold to Schaeffler when the swaps were…

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