Baker McKenzie

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Contributions by Baker McKenzie

1

IP enforcement and the EU customs regime
Practice notes

This Practice Note considers Regulation (EU) 608/2013 (the Customs Regulation), which replaced Regulation (EC) 1383/2003. The Customs Regulation sets out the mechanism by which customs authorities across the EU enforce intellectual property rights—eg the seizure of counterfeit and pirate goods. This Practice Note: examines the requirements of the Customs Regulation; considers how this has changed from the previous EU customs system; and provides practical guidance on completing the 'application for action' and overcoming common issues with the EU customs system.

Contributions by Baker McKenzie Experts

27

Challenging arbitral jurisdiction and anti-suit measures in Australia
Practice notes

This Practice Note considers challenging arbitral jurisdiction and anti-suit measures in Australia. It addresses staying court proceedings in favour of arbitration, the power to grant anti-suit injunctions and challenging decisions by arbitral tribunals on jurisdiction.

Debt securities—10b-5 letters
Practice notes

This Practice Note explains 10b-5 letters delivered to underwriters by issuers’ and underwriters' counsel in connection with offerings of securities in the United States and covers: (1) US federal securities law liability and the due diligence defence, (2) contents of a 10b-5 letter (definition of scope of offering documentation, description of scope of activities undertaken, disclaimer of independent verification, negative assurance and exclusions),and (3) impact of 10b-5 letters on non-SEC-registered securities offerings

Debt securities—what is the role of the underwriters/managers?
Practice notes

This Practice Note provides an overview of the role of the entities acting as underwriters/managers in an issuance of debt securities in the capital markets (particularly an international offering to investors in multiple countries, including the US). It includes an overview of underwriting and managers' responsibilities, a description of the key transaction documents to which they are typically a party and a summary of certain risks faced by managers in an offering of debt securities.

Equality Act 2010—discrimination in the provision of goods, services and facilities
Practice notes

This Practice Note summarises the law and provides practical guidance to service providers in respect of their obligations to provide goods, services and facilities to their customers in a non-discriminatory way under the Equality Act 2010 (EqA 2010). It explains the protected characteristics under EqA 2010 and gives practical and case law examples of the forms of direct discrimination, discrimination by association, discrimination by perception, indirect discrimination, harassment, victimisation and discrimination arising from a disability, and examples of what can be done to avoid discrimination. It also examines enforcement and remedies relating to EqA 2010 claims and its territorial scope.

FAQs on UK share schemes registration and annual returns
Practice notes

This Practice Note sets out some Frequently Asked Questions which practitioners and companies have raised with HMRC in relation to the registration and online annual return filing processes that were introduced by the Finance Act 2014. This Practice Note is written in partnership with Jeremy Edwards and Gill Murdoch of Baker McKenzie LLP.

Impact of Brexit on share awards/schemes
Practice notes

This Practice Note examines the impact that Brexit and the upcoming end of the transition period on 31 December 2020 will have on various aspects of share schemes. This Practice Note is produced in partnership with Jeremy Edwards and Gill Murdoch of Baker McKenzie LLP

Interim remedies in arbitrations relating to Australia
Practice notes

This Practice Note considers the availability of interim remedies in support of arbitrations relating to Australia. It considers powers of arbitral tribunals in Australia to grant interim remedies, emergency arbitration under the ACICA Rules 2016, powers of the Australian courts to issue interim remedies in support of arbitration proceedings, enforcement of interim measures in the Australian courts, and the general process for applying for interim remedies before the Australian courts.

Internationally mobile employees with employment-related securities
Practice notes

This Practice Note discusses the taxation of internationally mobile employees (IMEs) and directors in relation to employment-related securities charged to tax within Part 7 of the Income Tax (Earnings and Pensions) Act 2003. It focuses on both the income tax and National Insurance contributions implications in these circumstances. This Practice Note is written in partnership with Jeremy Edwards and Gillian Murdoch of Baker Mackenzie.

Internationally mobile employees with securities options
Practice notes

This Practice Note discusses the taxation of internationally mobile employees (IMEs) and directors in relation to securities options charged to tax within Chapter 5 of Part 7 of the Income Tax (Earnings and Pensions) Act 2003. It focuses on both the income tax and National Insurance contributions implications in these circumstances. This Practice Note is written in partnership with Jeremy Edwards and Gillian Murdoch of Baker McKenzie.

Long-term incentive plans—benefits and issues
Practice notes

This Practice Note discusses some of the key potential benefits and issues that a company should consider when deciding whether to implement a long-term incentive plan (LTIP).

Long-term incentive plans—capital gains tax consequences
Practice notes

This Practice Note provides a general overview of the current capital gains tax (CGT) consequences for UK resident employees who have been granted awards under a long-term incentive plan (LTIP).

Long-term incentive plans—income tax and NICs treatment
Practice notes

The long-term incentive plan (LTIP) is commonly set up as an umbrella plan, under which different types of awards can be made. This practice note provides an overview of the income tax and National Insurance contributions treatment of the main types of LTIP awards granted to UK employees.

Product safety notification and corrective actions
Practice notes

This Practice Note describes the consumer product safety corrective action regimes in the UK, including in particular when and how to notify relevant authorities of a product safety issue, the relevant guidance on conducting risk assessments and what corrective action should, or must, be taken when a product is deemed unsafe.

Protection of geographical indications
Practice notes

This Practice Note sets out a summary of the protection that can be obtained for geographical indications and designations of origin, including appellations of origin, protected designations of origin (PDOs) and protected geographical indications (PGIs). It considers how appellations of origin, PDOs and PGIs interact with trade mark law. It sets out details of the international framework for protection pursuant to the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the limited protection at UK level pursuant to the Trade Marks Act 1994. It examines in detail the protection afforded by EU law for agricultural products and foodstuffs pursuant to Regulation (EU) 1151/2012, for wine pursuant to Council Regulation (EU) 1308/2013 and for spirits pursuant to Regulation (EU) 2019/787, as well as proposals to expand protection to locally manufactured goods and handicraft products. It also sets out the requirements for applying for protection, and issues to consider when enforcing such rights.

Regulation of e-cigarettes
Practice notes

This Practice Note explains the regulatory frameworks which may apply to electronic cigarettes. It provides an introduction to the regime governing e-cigarettes as consumer products, and considers when e-cigarettes may be classified as medicinal products and/or medical devices.

Short form prospectus requirements for an offer of listed shares to employees [Archived]
Practice notes

ARCHIVED: This archived Practice Note provides background reading of the short form prospectus requirements which were relevant for an offer of listed shares to employees in the UK before the Prospectus Regulation (EU) 2017/1129 became fully effective in Member States on 21 July 2019. After this date, the employee share exemption from the prospectus requirements—which previously only applied to companies with their head office or registered office in the EU or companies established outside the EU with transferable securities admitted to trading in the EU—now applies to all companies, provided that they make available a simple disclosure document. As a result of this, it is unlikely that a company will now need to issue a short form prospectus as it is easier to comply with the employee share exemption. This Practice Note is written in partnership with Jeremy Edwards of Baker & McKenzie.

State immunity and arbitration in Australia
Practice notes

This Practice Note considers issues of state immunity and arbitration in Australia. The Practice Note summarises the approach to state (sovereign) immunity under the Australian Foreign States Immunities Act 1985 (the FSI Act) and how that Act relates to arbitration proceedings (in particular, pursuant to section 17 of the FSI Act). The matters covered by the Practice Note include: the meaning of foreign state under the FSI Act; immunity from jurisdiction under Australian law; waiver of immunity from jurisdiction under Australian law; the commercial exception to immunity in the FSI Act; service of initiating process on a foreign state; immunity from enforcement and execution under the FSI Act. This topic may be referred to as: resisting enforcement of arbitral (arbitration) award on grounds of state immunity; applying for state immunity in respect of arbitration proceedings; and, international arbitration and state immunity in Australia.

Other Work
Compliance with the Equality Act 2010 by service providers—checklist

This Checklist consists of practical steps which service providers can take in relation to their provision of goods, services and facilities in a way that is compliant with their obligation not to discriminate between customers under the Equality Act 2010. See also Practice Note: Equality Act 2010—discrimination in the provision of goods, services and facilities.

Product liability—corrective actions—checklist

This Checklist sets out the key issues when dealing with a product liability or safety matter which requires a corrective action, such as a product recall. When considering corrective action relating to a product liability or safety issue, it is advisable to have reference to the government-backed Code of Practice (PAS 7100) that was produced by the Office for Product Safety and Standards (OPSS) in combination with the British Standards Institution (BSI), the UK's national standards body, and sponsored by the Department for Business, Energy and Industrial Strategy (BEIS). While the guidance contained in the Code of Practice is not legally binding, BEIS has indicated that it expects compliance with the spirit and letter of the Code of Practice.

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