Author Archives: JWPwordpress
John Wilson attended INTA’s 141st Annual Meeting
18th To 22nd May 2019 In Boston, Massachusetts
John Wilson will be attending the INTA Annual Meeting in Boston, Massachusetts.
More than 11,000 brand owners and IP professionals from 150 countries attended the 2019 INTA Annual Meeting.
This is the largest and most influential gathering of brand owners and intellectual property (IP) professionals from around the world and from across industries.
John had the opportunity to meet up with some of our loyal client and Associates from around the globe.
He attended a presentation on ‘A Psychological Thriller – Mediation in Action’. This session looked at various aspects of mediation such as the goals and motivations of the parties involved in mediation, how the experience and objectives of the parties impart mediation and how understanding the psychology of all the parties involved in mediation can help to develop a mediation strategy to better advice clients.
He also attended a session on Global Data Protection – Beyond GDPR: Developments and Best Practices for Trademark Practitioners. The session covered topics such as primer on privacy law regimes in Canada and the US, new and developing laws in Brazil, India and Japan, global privacy law impacts on trademark rights enforcement and best practices for counseling marketing departments and business partners.
Last be not least he attended a session on Mastering the Protection of GUI (Graphical user interfaces), which allow users of electronic devices to interact with a specific device using pictures rather than having to give the device commands. The session was designed to provide tips and guidance for obtaining protection for GUIs around the world using patents, designs, trademarks and copyrights.
Overall it has been a successful INTA!
IBA Mid Year Meeting
22nd To 25th May 2019 – Budapest
This event is for IBA senior leadership and officers of IBA sections, committees, fora and subcommittees only.
For further information visit
www.int-bar.org/Conferences/conf924/binary/Budapest-Mid-year-working-programme-2019.pdf
Significant rulings on Employment Law in Sri Lanka
In an interesting ruling in the first quarter of 2017, in the case of NGA Wijenayake v International Construction Consortium Ltd.,[SC Appeal 88/2010], the Applicant-Appellant (former) employee had filed an application in the Labour Tribunal alleging wrongful termination of employment by the employer.
The Labour Tribunal had ordered compensation equivalent to two years salary.
The (former) employee appealed to the High Court on the quantum of compensation seeking more. However, the learned High Court Judge by his order, reduced the said amount to twelve months salary.
The main question that arose for consideration in this case was whether the High Court in the exercise of its appellate jurisdiction has the power, in an appeal filed by the (former) employee, to reduce compensation when there is no appeal by the employer.
It was held that the High Court in the exercise of its appellate powers has the right to reduce compensation awarded by the Labour Tribunal when it considers an appeal filed by an employee or trade union although there is no appeal by his/her employer and that the High Court also has the power to enhance the compensation awarded by the Labour Tribunal when it considers an appeal filed by the employer although there is no appeal by the employee or the trade union.
The Supreme Court affirmed the judgment of the High Court and dismissed the appeal without costs.
EU data protection law has come a long way over the last two decades.
EU data protection law has come a long way over the last two decades. Regulation (EU) 2016/679, (the General Data Protection Regulation, or “GDPR”), which replaces Directive 95/46/EC, (the “Directive”), was published on 4 May 2016 and was the culmination of a four-year legislative process. It will enter into force in May 2018.
The GDPR will impact almost every organisation that is based in the EU, as well as every organisation that does business in the EU, even if based abroad. The GDPR applies to processing of data carried out by organisations operating within the EU and establishes various rules in regard to processing of data which must be complied with.
Of particular relevance to companies in Sri Lanka is that it also applies to organisations outside the EU that trade in goods or services with persons in the EU.
The GDPR dramatically increases the maximum penalties for non-compliance to the greater of €20 million, or four percent of worldwide turnover.
Enforcement of the GDPR commences from 25th May 2018.
We assist businesses in Sri Lanka to understand the ramifications of the GDPR. Our team of lawyers provides legal services and the practical advice necessary to become compliant under the GDPR. We provide practical advice to clients throughout the EU, Sri Lanka and beyond.
Employment Law Alliance, Annual Conference
“Asia Pacific Regional Forum”, Speaker
October 17th, 2017 – Shanghai, PRC
At this conference, John Wilson was a member of a panel of speakers which discussed the following 5 specific questions. Mr. Wilson dealt with the issues from the perspective of Sri Lankan law –
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1. Is there a requirement for a written employment contract in your country?
2. Is there a requirement for social insurances in your country? Briefly describe the key social security payments in your country.
3. Enforceability of Non-Compete Clauses in your jurisdiction. What is the position in regard to confidentiality and non-solicitation?
4. Redundancy Issues – Are redundancies regulated by local law and what are the key things to look out for while dealing with redundancies.
5. At-will employment – Does your jurisdiction permit hire and fire based on contract?
The panel was comprised of lawyers from prominent law firms from Hong Kong, Malaysia, New Zealand, the Philippines and moderated by an employment lawyer from an Indian law firm.
International Bar Association, Annual Conference
“Trade Relationships and Human Rights”, Panelist
October 10th, 2017 – Sydney, Australia
John Wilson joined a panel of experts in international employment law and international trade law for a roundtable discussion at the IBA Annual Conference. The issues discussed included: EU/US requirements for ILO standards and decent labour standards in FTAs; the treatment of labour standards in WTO preferential trading arrangements and other bilateral and multilateral trading arrangements; the relationship between trading agreements and domestic employment law systems; the developing extension of domestic law CSR principles to corporate activities in third countries; the dilemma of corrupt or ineffective legal systems.
Mr. Wilson and a fellow panellist from a top law firm in Germany, were joined by a well known academic from Australia. The panel was moderated by employment lawyers from the U.S.A. and Malaysia.
LAWASIA Breakfast Forum
“Foreign Direct Investment in the Asia: A LAWASIA Perspective”, Speaker
October 9th, 2017 – Sydney, Australia
This event which was organised by the Law Society of New South Wales and Law Asia featured speakers from Hong Kong, Sri Lanka and Indonesia.
The panelists described the current and emerging legal issues related to foreign direct investment in the Asia Pacific region, including regional trends and business issues. A brief but lively question and answer session followed the presentations of the panelists.
The Foreign Exchange Act no. 12 of 2017 which abolishes the Exchange Control Act was brought into operation with effect from the 20th of November 2017.
The Foreign Exchange Act no. 12 of 2017 which abolishes the Exchange Control Act was brought into operation with effect from the 20th of November 2017. Regulations implementing the provisions of the Act have also been gazetted.
The new Act liberalizes foreign exchange control to some degree although there still remain considerable restrictions on persons resident in Sri Lanka for the purpose of the Act investing overseas.
The new regulations do not affect the ability for foreign (non-resident) investors to invest and remit out dividends. Several new types of accounts have been introduced and procedures have changed so any investor investing in Sri Lanka should take professional advice on the new framework.
The Revocation of Irrevocable Deeds of Gift on the ground of Gross Ingratitude Act, no. 5 of 2017 took effect on the 4th of April, 2017.
The Revocation of Irrevocable Deeds of Gift on the ground of Gross Ingratitude Act, no. 5 of 2017 took effect on the 4th of April, 2017.
The new Act provides that an irrevocable deed of gift may be revoked on the ground of gross ingratitude, only on an Order made by a competent Court, in an action filed by the donor of such deed against the donee to have the said deed revoked.
Any such action must be instituted within ten years from the date of the execution of such deed of gift and within two years from the date on which the cause of action arose. Any such action must be registered as a lis pendens.
The Act sets out on a statutory basis the requirement for a Court action, which was also the accepted position in the common law until a judgment of the Court of Appeal in 2007.
It is expected that the enactment of the new Act will reduce uncertainties in regard to title to lands which had arisen due to the 2007 judgment.
According to the Law Reform Commission, the 2007 judgment had “given rise to a situation where lending institutions who had prior to this judgment accepted title of the Donee and taken the land as collateral in granting loans is now placed in a disadvantaged position as on unilateral revocation by the donor they will lose the security on which the loan was granted. There is also the possibility that the Donee in connivance with the Donor for the purpose of defrauding the lending institutions can now execute deeds of revocations without going to Court.”
The new law is meant to address an lay to rest this aspect of uncertainty of title to land.