January 2015 Issue 72

Transcription

1 January 2015 Issue 72 Kuwait Issues a New Law Regarding Investment Promotion Trademarks Registration Rise by 19% in Jordan Qatar Imposes Stiff Penalty for Delay in Salary Transfer

2 IN THIS ISSUE Qatar Imposes Stiff Penalty for Delay in Salary Transfer Trademarks Registration Rise by 19% in Jordan 3 5 Kuwait Issues a New Law Regarding Investment Promotion Patent Troll Lawsuits Cost the US Economy $80b 6 7 Algerian Trademarks Sweep Their Foreign Competitors Social Security Raises Wages Limit to JD TAG-Legal tag-legal.com

3 Qatar Imposes Stiff Penalty for Delay in Salary Transfer DOHA- Qatar s Ministry of Labor and Social Affairs has proposed strict penalties on employers who fail to transfer salaries of their employees to the bank within a maximum seven days from the due date. The penalties are included in the draft ministerial decision on Wage Protection System (WPS) approved by the State Cabinet on the 14th of January. The Cabinet in its regular meeting also discussed measures for issuing the draft law amending some provisions of the labor law. The amendments make it mandatory for employers to transfer salaries of their employees to a financial institution in the country. As per the draft ministerial decision, the ministry can either stop issuing new work permits to the erring employers, or stop all dealings with them, except attestation of the labor contracts. The curbs can be lifted by the Minister or his representative only after the employer in question pays all outstanding wages and submit a proof of it. The Minister or his representative will take a decision on what action has to be taken against the erring employer as per the law. The Labor Inspection Department may request a detailed report from the employer on payment of the workers wages. 3 TAG-Legal tag-legal.com

4 WPS aims to ensure that employers fulfil their obligation of paying the workers wages in a timely manner, and in accordance with their contracts and the applicable regulations in the state. The draft authorizes the department at the Ministry of Labor and Social Affairs to take the necessary measures to implement the Wage Protection System (WPS) for workers under the labor law. HE Sheikh Abdullah bin Nasser bin Khalifa Al Thani, Prime Minister and the Minister of Interior, also discussed the necessary measures for issuing a draft law amending some provisions of the Labor Law No. 14 for the year The Cabinet thereafter, reviewed the Advisory Council s recommendations on the draft law. According to the amendment, workers who have been hired on annual or monthly salaries are to be paid once a month, but all other workers must be paid at least once every two weeks. The Minister of Labor and Social Affairs will issue the required regulations to ensure payment of workers salaries in time in compliance with the law. Source: The Peninsula 4 TAG-Legal tag-legal.com

5 Trademarks Registration Rise by 19% in Jordan AMMAN- The Industrial Property Protection Directorate of the Ministry of Industry and Trade has witnessed an increase in the number of registered trademarks by 19% compared to registered trademarks in According to the Directorate s statistics, trademarks which received final approval during the last year have reached 5655 registered trademarks, to record an increase by 896 trademarks from 2013 of Findings also showed that a total of 6956 applications have been applied before the Directorate to register local and foreign trademarks during the last year. A trademark is defined as a distinguished label or indicator used by a person or a legal entity to distinguish the trademark holder s products from others. The trademark usually consists of a word, name, phrase, logo, symbol, design, image, or all of them combined, and its holder has the right to file a lawsuit against any unauthorized use of his/her trademark. It s worth mentioning that the directorate has also registered 91 foreign patents of a total 341 applied applications during the last year, while it has registered a total of 11 local patents of a total 39 applied patent application. Source: AlGhad Newspaper (translated) 5 TAG-Legal tag-legal.com

6 Kuwait Issues a New Law Regarding Investment Promotion KUWAIT CITY- Kuwait Direct Investment Promotion Authority (KDIPA) Director General, Dr. Sheikh Meshaal Jaber Al Ahmad Al Sabah, announced the issuance of the Executive Regulations of Law No. 116 of 2013 regarding the Promotion of Direct Investment in the State of Kuwait in accordance with the Ministerial Decision No. 502/2014, and also the issuance of the designated fee schedule in return for the services rendered by KDIPA in accordance with the Ministerial Decision No. 503/2014. Both, the Executive Regulations and fee schedule, were released on December 7, 2014 by HE Deputy Prime Minister, Minister of Commerce & Industry Dr. Abdulmohsen Al Medeij, and which entered into force as published in the Official Gazette issue No. (2214) dated December 14, chapters covering: Definitions; Kuwait Direct Investment Promotion Authority; One-Stop Shop; Investment Entity and Applications to be submitted to the Authority; Rules of License Applications, Incentives and Exemptions, Grievances, Judicial Officers, and Investment Register. He reiterated that the script of the Executive Regulations reflected the same degree of concern to maintain best practices that was conferred on Law No.116/2013 to ensure that KDIPA shall perform its mandated tasks in attracting direct investment into Kuwait, streamlining business environment, facilitating procedures and resolving obstacles, in order to achieve the aspired economic and social goals. He also clarified that the designated service fees, in line with government practices, range from KD 10 to KD 100 on various applications, certificates, and requested copies. A copy of the Executive Regulations and the service fees schedule is available on KDIPA s website. The Director General indicated that the Executive Regulations of KDIPA s establishing Law No.116/2013, which addresses both the foreign and local investors, was prepared with the intention to maintain a simple, clear, and flawless format thus it was composed of merely 45 articles divided into nine 6 TAG-Legal tag-legal.com

7 Patent Troll Lawsuits Cost the US Economy $80b WASHINGTON D.C- The American Hotel & Lodging Association (AH&LA), the sole national association representing all segments of the 1.8 million-employee lodging industry, announced on January 16 the formation of a coalition, United for Patent Reform. The broad-based coalition is designed to battle patent trolls, entities that use predatory legal tactics to sue for patent infringement. AH&LA is joined by a number of groups from the hospitality, retail, technology and construction-based industries, among others. The new coalition sent a letter to Leaders in Congress and Members of the Judiciary Committees in the US House and Senate outlining the principles strong patent reform legislation should include. He added: Each year, the predatory behavior of patent troll lawsuits cost the US economy $80 billion in lost revenues and productivity, when instead those dollars could be directed towards creating jobs and investment in communities. AH&LA is a leading member of the coalition, which includes the National Retail Federation, the National Association of Realtors, the National Restaurant Association, the National Association of Home Builders, Google, Oracle, Cisco, Verizon, JCPenney, Macy s, Facebook, Amazon, the National Association of Convenience Stores, and many others. Source: HotelNewsResource.com Many consumers and businesses across the country, especially in the lodging industry, have been unfairly subjected to infringement suits by so-called patent trolls that hold patents simply for purposes of extorting money from companies, often on equipment and devices used in their day-to-day operations, said Craig Kalkut, vice president of government affairs at the American Hotel & Lodging Association. 7 TAG-Legal tag-legal.com

8 Algerian Trademarks Sweep Their Foreign Competitors ALGIERS- Hamoud, Ifri, Soummam, bin Omar, Venus, are Algerian trademarks which have swept the local market with their products earning locals trust over their foreign competitors in the country. As Everything about Algeria website reported. The website said that Hamoud Boualem has succeeded through its locallymanufactured soft drinks to compete with international trademarks like Coca- Cola and Pepsi, especially during the seasonal occasions and the Holy Month of Ramadan. companies as Danone, which is famous for its yogurt products. Moreover, Venus cosmetics has attracted customers by offering a wide range of products to replace foreign cosmetics, like Loreal. Its cosmetics have even earned great reputation to reach the local markets of Libya, Morocco, and France Source: Alhayat.com (translated) Ifri for mineral water has topped the Algerian market goods, as the company competes through its Niqawi juice also to reserve a respectable place in the local market. The company has recently distributed its Afroy juice which proved to compete with imported juices in quality and taste. The family company bin Omar on the other hand, did not only fulfill the local market needs with its pasta, but has also succeeded to export its products outside the country competing with giant companies of the same industry like Panzani. Laiterie Soummam, one of the prominent players in dairy in Algeria, has proven itself to compete with other European 8 TAG-Legal tag-legal.com

9 Social Security Raises Wages Limit to JD3084 By Ahmad Fayyad AMMAN-The Social Security Corporation has announced a new raise to the limit of monthly wages which subscriptions are accounted based on, to 3084 JDs from 3000 JDs starting from January 1, The corporation explained that the raise came in compliance with the issued Social Security Law No.1 of 2014, which stipulates that the maximum limit of wages which deductions are based on, must be three thousand Jordanian Dinars, and it must be linked with the annual inflation rate in December of each year, noting that the country s inflation rate has reached 2.81% last year, as the Department of Statistics reported recently. The increase applies to obligatory subscribers who work in both public and private sectors, as well to optional subscribers who have been subject to social security deduction for the first time after March 1, It s worth mentioning that the social security law has tackled the previously addressed issue of subscribers whose monthly wages exceeded 5000 JDs before 15/10/2009, or has been covered under these wages before this date. As the law has fixed their subject-todeduction wages up to this limit, not taking any future occurring increase to their wages. Source: Addustour Newspaper (translated) 9 TAG-Legal tag-legal.com

10 Where We Operate General Administration Kabul, Afghanistan Abu Dhabi, UAE Karachi, Pakistan Algeria, Algeria Khartoum, Sudan Amman, Jordan Kuwait City, Kuwait Baghdad, Iraq Manama, Kingdom of Bahrain Beirut, Lebanon Moscow, Russia Cairo, Egypt Muscat, Oman Damascus, Syria New Delhi, India Casablanca, Morocco Nicosia, Cyprus Doha, Qatar Ramallah, Palestine Dubai, UAE Riyadh, KSA Erbil, Iraq Sana a, Yemen Jebel Ali Free Zone Area, UAE Shanghai, China Jeddah, KSA Tunis, Tunisia This Newsletter is Published by the Quality Control Department of Talal Abu-Ghazaleh Legal (TAG-Legal) Talal Abu-Ghazaleh Legal 2014 Reproduction is permitted provided that the source is acknowledged. For inquiries: Quality Control Department Talal Abu-Ghazaleh Legal (TAGLegal) / quality.legal@tag-legal.com 10 TAG-Legal tag-legal.com

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