Hotchpotch From Luxembourg
Lutgen & Mc Gaw, Luxembourg
by Didier Mc Gaw
Luxembourg is adapting and putting itself on the map as the most reliable and stable Asset Hub:
To manage, preserve and transmit one ‘s wealth in a peaceful and stable manner, Luxembourg has enacted a legislation for families: the new Family Wealth Management Company (“FWMC*) : A Corporate vehicle for wealthy individual in a politically stable country in the middle of the EU which offers confidentiality and a tax free environment. (1) To register in the middle of Europe Internet domain names and trademarks, Luxembourg enacted a law in 2007 providing a tax favorable environment: Indeed 80 % of the Royalties will be exempted from tax making a final tax burden of 5.93 % (probably 5.1 % next year) and benefiting from Double taxation treaties entered into by Luxembourg . (2)To benefit from the growth of investments in Asia, Luxembourg signed a favorable double taxation treaty with Hong Kong and is discussing a new treaty with India.(3)
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The Ethics of Selective Distribution of Replica Football Shirts
Fladgate LLP, London
by Eddie Powell
Eddie Powell, commercial partner at Fladgate LLP discusses the legal issues behind the accusations of price fixing of replica football kits
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Merchandising Agreements: Easing the Tension
Memery Crystal LLP, London
by Nicholas Scott and David Hansel
Introduction
Merchandising agreements can be a very effective route to profits both for designers with a strong brand and commercial organisations skilled in bringing high-end designs to a broader market. However, these agreements can be fraught with a clash of cultures between the 'talent' and the 'money.' Sometimes this tension is productive, but other times it is not. Therefore, both parties need a workable means of regulating their relationship that can also weather any storms along the way.
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Commercial Lease Regulation in the Czech Republic
PETERKA & PARTNERS Law Offices, Prague
by Michaela Vondrakova
Definition of a commercial lease
A commercial lease, that is, a lease of non-residential premises for business activity, arises on the basis of a written lease contract by which a landlord grants to a tenant certain non-residential premises for use and the tenant pays the landlord an agreed rent and related charges. Commercial leases in the Czech Republic are governed by Act No. 116/1990, on the Lease and Sublease of Non-residential Premises, as amended (“Act”).
Under the Act, non-residential premises are defined as a room or a complex of rooms that are, according to a decision by the building office, used for purposes other than residence. Such premises include premises for manufacturing, trading, providing services, research, administrative activity, art and educational activity, archives, garages, stockrooms and the public areas in buildings .
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Parallel Imports od Medicinal Products
Wolpert Rechtsanwälte, Bad Homburg
by Marga Wolpert
Is the weighing of interests between the free movement of goods and trademark law as industrial property within the meaning of Article 30 sentence 1 EC Treaty still an equitable solution?
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Employing in England and Wales
Memery Crystal LLP, London
by Richard Green
Recruiting staff can be an expensive and time consuming exercise. Those businesses without a UK presence but with plans to set up business in the UK may consider seconding an employee from outside the UK to a newly formed UK entity in order to lay the foundations. Secondments of this kind will often be a loose and undocumented arrangement between two group entities. The employer’s intention will usually be that the seconded employee does not become an employee of the UK entity. However, it may be that the seconded employee acquires the protections given to those who qualify as employees or workers under English law, particularly if the seconded employee is responsible for the day-to-day running of the UK entity’s business.
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