Foreign Corrupt Practices Act (FCPA)

U.S. federal statute rendering it an offense for U.S. citizens, companies, and direct foreign subsidiaries of U.S. companies to offer, promise, or pay anything of value to any foreign government official in order to obtain or retain business i.e., an...

Friends and Family Shares/Allocation

In an IPO (initial public offering) the management may choose to either distribute shares to “friends and family” or cause some of the IPO allocation to be directed to such persons. In many respects, this is designed to minimize founder’s...

Orphan Work

Term used to refer to a work protected by copyright, whose ownership is unknown or very unclear. Because the owner cannot be identified in order to obtain legal rights to use the work, it can languish unused and become forgotten....

Export Credit Insurance

...e.g., airliners, power generating plants, etc. However, arguably it is small- and medium-sized enterprises (SMEs) and startup companies who are most vulnerable to a default and most likely to need such insurance (but paradoxically are least likely to obtain it)....

Security for Costs

...it has failed to pay costs or damages awards in the past (including in other jurisdictions.) Orders requiring security for costs in trial courts (i.e., courts of first instance) are usually very rare; such orders are more common when an...

Withholding Tax, Royalty

A number of countries require remitters of royalties, i.e., licensees, to withhold tax on royalties or technical assistance fees, particularly when paid to non-residents. Rates can be substantial, for example up to 25 percent. In most instances these taxes may...

Nuisance Suit, Nuisance Value

...other circumstances be a ‘loser’ in court. This type of claim is often pejoratively analogised to a street robbery and called a ‘stick-up,’ ‘hold-up,’ ‘mugging’ or ‘ambush.’ Use of the strategy is not limited to patent trolls – the licensing...

Hague Convention and “Hague Service”

...award in the defendant’s jurisdiction. Hague convention service is usually effectuated through central authorities in each state, e.g., the foreign service of each country relays the documents, sometimes via justice ministries. Accomplishing Hague service may take several months. Some countries...

European Patent Register

Online publication of procedural and legal status information relating to European Patents and patent applications. Importantly, one can obtain file and prosecution histories for European Patent Applications from the European Patent Register. Analogous to the USPTO’s PAIR systems....