Jurisdiction Risk – Kojima Niigata http://kojima-niigata.com/ Mon, 12 Apr 2021 02:23:30 +0000 en-US hourly 1 https://wordpress.org/?v=5.7 https://kojima-niigata.com/wp-content/uploads/2021/03/ICON-70x70.png Jurisdiction Risk – Kojima Niigata http://kojima-niigata.com/ 32 32 The patrol of the US seventh Fleet within the Indian EEZ was an act of impropriety https://kojima-niigata.com/the-patrol-of-the-us-seventh-fleet-within-the-indian-eez-was-an-act-of-impropriety/ Mon, 12 Apr 2021 01:23:06 +0000 https://kojima-niigata.com/the-patrol-of-the-us-7th-fleet-in-the-indian-eez-was-an-act-of-impropriety/ Indian guests to the official web site of the Yokosuka-based Commander, US seventh Fleet, had been shocked to learn the next announcement: “On April 7, 2021, the USS John Paul Jones asserted the rights and freedoms of navigation… to the inside the Indian EEZ, with out looking for the prior consent of India. . “With […]]]>


Indian guests to the official web site of the Yokosuka-based Commander, US seventh Fleet, had been shocked to learn the next announcement: “On April 7, 2021, the USS John Paul Jones asserted the rights and freedoms of navigation… to the inside the Indian EEZ, with out looking for the prior consent of India. . “With an equal mixture of righteousness and chutzpa, the assertion provides:” India requires prior consent for navy workouts or maneuvers in its EEZ … a declare incompatible with worldwide legislation … navigation (FONOP) upheld worldwide legislation by contesting the claims. “

In an environment of quickly warming Indo-American relations, this free public assertion, which comes a couple of weeks after the digital assembly of the Quad Leaders led by the USA and on the heels of a significant Indo-American naval train, can’t to be seen as an act of respiration. take the inanity. The irregularity turns into much more evident when considered within the context of the truth that the “worldwide legislation” cited by the Commander of the seventh Fleet is a United Nations conference ensuing from the Third United Nations Convention on the Legislation of the United Nations. sea ​​(UNCLOS 1982).

India has ratified the Conference, which entered into pressure in 1994, however there’s a wealthy irony in the truth that of the 168 nations which have acceded or ratified the 1982 UNCLOS, the USA is conspicuous by its absence. The United Nations Secretariat has not assigned any nation to supervise or implement the implementation of UNCLOS. It’s due to this fact fascinating to see that the USA has assumed a job of “world cop” in its implementation. For the reason that “rules-based maritime order” has change into a broadly used political slogan, it’s value contemplating the place these guidelines got here from and the function the USA has performed thus far.

On the threat of sounding doctrinaire, it have to be mentioned that the nine-year negotiations to formulate UNCLOS 1982 had been basically a battle between the “haves” (the established European and North American maritime powers) and the “have-nots” – the “third occasion”. rising world – which has began to legitimately declare the use and richness of the oceans. The primary main problem to the previous order got here from the USA when, in 1945, President Harry Truman unilaterally declared American jurisdiction over all pure assets on that nation’s continental shelf. This sparked a freedom for all, during which some states prolonged their sovereign rights to 200 miles, whereas others declared territorial limits as they wished.

To deliver order to a confused scenario, conferences on codification of the legal guidelines of the ocean had been known as by the UN, and after torturous negotiations, settlement was reached on a set of legal guidelines that formalized the next maritime areas : (a) a restrict of 12 miles within the territorial sea; (b) a contiguous 24 mile zone; and c) a newly designed “unique financial zone” (EEZ) extending as much as 200 miles inside which the state would have unique rights over pure assets. It has been mentioned that the EEZ is exclusive in that it’s neither on the excessive seas nor in territorial waters.

It was accepted that the seabed past the bounds of nationwide jurisdiction was not topic to nationwide sovereignty however could be “the frequent heritage of mankind” and this appears to have been the supply of the opposition. American at UNCLOS. President Ronald Reagan would have been satisfied that this utopian idea favored the underdeveloped nations, thus denying America the fruits of its technological superiority. The US Senate due to this fact refused to ratify UNCLOS.

A significant residual flaw of the 1982 UNCLOS is that the signatories selected to stay silent on controversial points with navy or safety implications and didn’t impose any course of for resolving ambiguities. Recourse to the Worldwide Tribunal for the Legislation of the Sea or to a Courtroom of Arbitration is among the choices obtainable, however many states have expressed a desire for “negotiating in good religion”.

Areas of main controversy or marked divergence in rule interpretation embody: the applicability of the idea of EEZ to rocks and islets; the suitable of harmless passage of overseas warships via territorial seas; the conduct of naval actions within the EEZ and the pursuit of marine scientific analysis in territorial waters and the EEZ. India has expressed reservations on these points and made sure “statements” on this context when ratifying UNCLOS. Maybe the time has come for the signatories of UNCLOS of 1982 to convene one other convention to evaluation the legal guidelines and resolve the problems of competition.

Within the meantime, it appears pointless for the US Navy to scare the Maldives, or pleasant India, with FONOP intimidating patrols and provocative messages as the actual perpetrator – China – presents the world with a sequence of details. achieved. Having remoted itself in opposition to American intervention, due to the gradual growth of its “anti-access, space denial” or A2AD functionality, which poses a deterrent risk to the method of American forces, China has accelerated its marketing campaign to acquire management of the South China Sea. (SCS).

In 2013, China launched an intense marketing campaign to construct man-made islands within the SCS utilizing a fleet of dredges to create between 3,000 and 4,000 acres of land atop the reefs of the Spratly and Paracel teams. As we speak, three Chinese language outposts, Fiery Cross, Mischief & Subi Reefs, have airstrips and ports and are fortified with missiles and radar. In 2016, China scornfully rejected the decision of the United Nations Courtroom of Arbitration in its dispute with the Philippines. Nearer to residence, in 2020, PLA troops aggressively attacked India’s northern borders to cross the actual line of management.

To date, not one of the US initiatives, together with Obama’s abortive pivot / rebalancing to Asia, Trump’s Indo-Pacific technique, and the Asia Reinsurance Initiative Act, seem to have had the slightest bit. influence on China’s aggressive intention and the present grand technique. President Joe Biden’s convening of the very first Quad Summit on the management stage appeared to have breathed new life into an initiative that Beijing rejected as “sea foam”.

On this tense atmosphere, the ever-expanding world FONOP marketing campaign wants a cautious reassessment by US policymakers of its effectiveness – lest it distance itself from associates quite than deter adversaries.

This column first appeared within the print version on April 12, 2021 below the headline “Deter Opponents, Do not Alienate Buddies”. The author is a former head of the Indian Navy



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Amyris Proclaims Worth of $ 300.0 Million Public Providing (Secondary and Major) of Widespread Shares https://kojima-niigata.com/amyris-proclaims-worth-of-300-0-million-public-providing-secondary-and-major-of-widespread-shares/ Fri, 09 Apr 2021 10:03:26 +0000 https://kojima-niigata.com/amyris-announces-price-of-300-0-million-public-offering-secondary-and-primary-of-common-shares/ EMERYVILLE, Calif., April 9, 2021 / PRNewswire / – Amyris, Inc. (Nasdaq: AMRS) (“Amyris”), a number one artificial biotechnology firm energetic within the clear well being and wonder markets by way of its manufacturers normal public and a number one provider of sustainable and pure substances, in the present day introduced the value of a […]]]>


EMERYVILLE, Calif., April 9, 2021 / PRNewswire / – Amyris, Inc. (Nasdaq: AMRS) (“Amyris”), a number one artificial biotechnology firm energetic within the clear well being and wonder markets by way of its manufacturers normal public and a number one provider of sustainable and pure substances, in the present day introduced the value of a subscribed public providing of a complete of 19,047,619 shares of its frequent inventory at a public providing worth of $ 15.75 per share, which consists of a secondary providing of 11,390,797 shares on the market, within the combination, by DSM Worldwide BV and the subsidiaries of Vivo Capital LLC (the promoting shareholders) and seven,656,822 shares on the market by Amyris.

Amyris is not going to obtain any proceeds from the sale of shares below the secondary providing by the promoting shareholders. The gross proceeds of the providing to Amyris, earlier than deduction of the low cost and any subscription commissions and estimated providing prices, and assuming that there is no such thing as a train of the underwriters’ possibility to purchase further shares, is anticipated to quantity to roughly $ 120.6 million.

The promoting shareholders and Amyris have granted the underwriters a 30-day choice to buy as much as 2,857,142 further frequent shares of Amyris on the public providing worth, much less subscription rebates and commissions. On this 30-day possibility, as much as 1,708,619 shares could be bought by the promoting shareholders and as much as 1,148,523 shares could be bought by Amyris. The provide is anticipated to shut on or round April 13, 2021, topic to the satisfaction of customary closing circumstances.

JP Morgan Securities LLC and Cowen and Firm, LLC are performing as co-bookrunners for the providing.

The general public providing is being made in accordance with an computerized registration assertion on Kind S-3 which was filed by Amyris with the US Securities and Change Fee (the “SEC”) on April 7, 2021, and is mechanically entered into pressure upon submitting. The Supply has been made solely by means of a preliminary prospectus complement and associated prospectus referring to the Supply which have been filed with the SEC and can be found on the SEC’s web site at www.sec.gov. A ultimate prospectus complement will probably be filed with the SEC, a replica of which can be obtained, when out there, from JP Morgan Securities LLC, c / o Broadridge Monetary Options, 1155 Lengthy Island Avenue, Edgewood, NY 11717, by way of phone at (866) 803-9204, or by e-mail at prospectus-eq_fi@jpmchase.com; or Cowen and Firm, LLC, c / o Broadridge Monetary Options, Attn .: Prospectus Division, 1155 Lengthy Island Avenue, Edgewood, NY 11717, by telephone at (833) 297-2926, or by e mail at PostSaleManualRequests @ broadridge.com.

This press launch doesn’t represent a suggestion to promote or the solicitation of a suggestion to purchase, and there will probably be no sale of such securities in any state or jurisdiction the place such provide, solicitation or sale could be unlawful earlier than registration or qualification below the securities legal guidelines of these states or jurisdictions.

About Amyris

Amyris (Nasdaq: AMRS) is a scientific and technological chief within the analysis, improvement and manufacturing of sustainable substances for the Clear Well being & Magnificence and Flavors & Fragrances markets. Amyris makes use of a formidable array of proprietary applied sciences together with leading edge machine studying, robotics and synthetic intelligence. Our substances are included in over 3,000 merchandise from the world’s main manufacturers, reaching over 200 million customers. Amyris is proud to personal three client manufacturers – all constructed round its No Compromise® promise of fresh substances: Biossance® clear magnificence skincare, Pipette® clear child skincare and Purecane ™, a zero-calorie sweetener naturally derived from cane to sugar. Amyris, the Amyris emblem, No Compromise, Biossance, Pipette, and Purecane are logos or registered logos of Amyris, Inc. in the US and / or different international locations.

Use of forward-looking statements

This press launch incorporates “forward-looking statements” inside the that means of the Securities Act of 1933, as amended, the Securities Change Act of 1934, as amended, and the secure harbor provisions of the Personal Securities Litigation Reform Act of 1995 , together with, however not restricted to, statements concerning the product anticipated to be acquired by Amyris and the timing of the closing of the provide. These forward-looking statements could also be accompanied by phrases reminiscent of “goal”, “anticipate”, “imagine”, “could”, “estimate”, “count on”, “foresee”, “goal”, “intend” , “Might,” “might”, “plan”, “potential”, “potential”, “will”, “would”, and different phrases and phrases having the same that means. These statements contain dangers and uncertainties which might trigger precise outcomes to vary materially from these mirrored in our public filings, together with, with out limitation, dangers which can be past our whole management; dangers related to present and potential delays, work stoppages or provide chain disruptions brought on by the coronavirus pandemic; and the opposite dangers and uncertainties described within the Danger Elements part of our annual report on Kind 10-Ok filed with the SEC on March 5, 2021 and others reviews filed with the SEC, the provisional prospectus complement re and the prospectus referring to the general public providing and subsequent filings with the SEC. We assume no obligation to publicly replace any forward-looking statements, written or oral, that could be made infrequently, whether or not on account of new data, future developments or in any other case.

Cision Present unique content material to obtain multimedia:http://www.prnewswire.com/news-releases/amyris-announces-pricing-of-a-300-0-million-public-offering-secondary-and-primary-of-common-stock-301265604.html

SOURCE Amyris, Inc.



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Stem, Inc. Announces Head of Government Relations to Lead Federal Initiatives https://kojima-niigata.com/stem-inc-announces-head-of-government-relations-to-lead-federal-initiatives/ Tue, 06 Apr 2021 13:18:30 +0000 https://kojima-niigata.com/?p=2582 Chris Mathey, Seasoned Government and Public Policy Executive, to Lead Stem’s Policy & Business Development Efforts Mathey Will Focus on Driving U.S Federal Energy Storage Adoption MILLBRAE, Calif., April 06, 2021 (GLOBE NEWSWIRE) — Stem, Inc. (“Stem” or the “Company”), a global leader in artificial intelligence (AI)-driven clean energy storage services, today announced the addition […]]]>


Chris Mathey, Seasoned Government and Public Policy Executive, to Lead Stem’s Policy & Business Development Efforts

Mathey Will Focus on Driving U.S Federal Energy Storage Adoption

MILLBRAE, Calif., April 06, 2021 (GLOBE NEWSWIRE) — Stem, Inc. (“Stem” or the “Company”), a global leader in artificial intelligence (AI)-driven clean energy storage services, today announced the addition of Chris Mathey to the Stem leadership team as Vice President of Federal Policy and Business Development. Mathey brings more than 15 years’ experience in senior leadership positions at the intersection of policy, technology, and energy. At Stem, Mathey will focus on advancing federal energy policy and delivering smart storage solutions to government clients in collaboration with Stem’s network of channel partners and energy service companies.

Mathey’s extensive experience includes senior leadership positions at Citizens for Responsible Energy Solutions, Renewable Energy Buyers Alliance, WGL Energy, and Constellation as well as a staffer to a senior Member of the U.S. Congress. Over that time, Mathey has successfully led public affairs campaigns and worked with federal stakeholders on clean energy, sustainability, and resiliency initiatives. He earned an MBA from the George Washington University School of Business and a BA in Political Science from Clemson University.

“We are incredibly excited to welcome a seasoned government and public policy executive of Chris’s caliber to the Stem team,” said Alan Russo, Chief Revenue Officer at Stem. “Chris joins at a pivotal time for energy storage and clean energy broadly amid President Biden’s $100 billion plan to invest in grid modernization and green infrastructure. Chris’s extensive expertise in the evolving government and public policy landscape, including experience executing third-party financed projects, will be invaluable to our ongoing success and growth. Stem’s enhanced focus on federal relations will offer the company and our network of partners discernable revenue streams. Together, we look forward to extending the proven capabilities of our market-leading Athena™ software to help build energy resilience at a national level.”

“I am honored to join Stem to spearhead federal market initiatives and open up new markets for energy storage,” added Mathey. “The energy transition is at an inflection point, and more flexible and ‘on-demand’ energy solutions are critical to enabling a cleaner, more reliable grid. As federal agencies look to save energy costs, adopt more sustainable energy sources, and ensure resilience for our nation’s critical infrastructure, Stem’s innovative smart storage solutions, with their proven track record, can be integral to achieving these ambitious goals. I’m very excited to be part of a team that bridges the private and public sectors with smart energy storage technology.”

With more than 950 energy storage systems and nearly one gigawatt-hour (GWh) operating or contracted, including at critical facilities such as hospitals and water treatment plants, Stem brings extensive experience to empower government clients to enhance their energy resilience. Stem’s best-in-class Athena™ smart energy software helps lower costs and optimize distributed energy resources (DERs) such as solar PV and backup generators.

Stem and Star Peak Energy Transition Corp. (NYSE: STPK) Business Combination Update
Star Peak’s registration statement on Form S-4 (File No. 333-251397), relating to the previously announced merger of Star Peak and Stem, was declared effective by the U.S. Securities and Exchange Commission on March 29, 2021. The Special Meeting to approve the pending business combination is scheduled for Tuesday, April 27, 2021, at 11:00 a.m. ET. If the proposals at the Special Meeting are approved, the parties anticipate the business combination will close shortly thereafter, subject to the satisfaction or waiver (as applicable) of all other closing conditions. Details about how to vote can be viewed at https://stpk.starpeakcorp.com/vote.

About Stem, Inc.

Stem provides solutions that address the challenges of today’s dynamic energy market. By combining advanced energy storage solutions with Athena™, a world-class AI-powered analytics platform, Stem enables customers and partners to optimize energy use by automatically switching between battery power, onsite generation and grid power. Stem’s solutions help enterprise customers benefit from a clean, adaptive energy infrastructure and achieve a wide variety of goals, including expense reduction, resilience, sustainability, environmental and corporate responsibility and innovation. Stem also offers full support for solar partners interested in adding storage to standalone, community or commercial solar projects – both behind and in front of the meter.

Headquartered in Millbrae, Calif., Stem is directly funded by a consortium of leading investors including Activate Capital, Angeleno Group, BNP Paribas, Constellation Technology Ventures, Copec, Iberdrola (Inversiones Financieras Perseo), GE Ventures, Magnesium Capital, Mithril L.P., Mitsui & Co. LTD., Ontario Teachers’ Pension Plan, RWE Supply & Trading, Temasek and Total Energy Ventures. For more information, visit www.stem.com.

About Star Peak Energy Transition Corp.

Star Peak is a blank check company incorporated in Delaware for the purpose of effecting a merger, capital stock exchange, asset acquisition, share purchase, reorganization or similar business combination with one or more businesses. Star Peak is led by a management team with extensive experience investing in the energy, energy infrastructure and renewables sectors, including Chairman, Michael Morgan and Chief Executive Officer, Eric Scheyer. Michael Morgan is Chairman and Chief Executive Officer at Triangle Peak Partners LP and currently serves as a director of Sunnova Energy International and lead director of Kinder Morgan, Inc., one of the largest energy infrastructure companies in North America, a company he joined at its founding in 1997. Eric Scheyer is a Partner at Magnetar and has served as the Head of the Magnetar Energy and Infrastructure Group since its inception in 2005. For more information, visit https://stpk.starpeakcorp.com/.

Additional Information

This communication is being made in respect of a proposed merger transaction (the “proposed transactions”) involving Star Peak and Stem. The proposed transactions will be submitted to stockholders of Star Peak for their consideration and approval at a special meeting of stockholders. In connection with the proposed transactions, Star Peak has filed a Registration Statement on Form S-4 (the “Registration Statement”) with the Securities and Exchange Commission (“SEC”), which includes a definitive proxy statement / prospectus / written consent solicitation that has been distributed to Star Peak stockholders in connection with Star Peak’s solicitation for proxies for the vote by Star Peak’s stockholders in connection with the proposed transactions and other matters as described in such Registration Statement, as well as the prospectus relating to the offer of the securities. Star Peak has mailed a definitive proxy statement / prospectus / written consent solicitation and other relevant documents to its stockholders as of the record date established for voting on the proposed transactions. Investors and security holders of Star Peak are advised to read the definitive proxy statement / prospectus / written consent solicitation in connection with Star Peak’s solicitation of proxies for its special meeting of stockholders to be held to approve the proposed transaction because the proxy statement / prospectus / written consent solicitation contains important information about the proposed transaction and the parties to the proposed transaction. Stockholders may also obtain copies of the definitive proxy statement / prospectus / written consent solicitation, without charge at the SEC’s website at www.sec.gov or by directing a request to: Star Peak Energy Transition Corp., 1603 Orrington Ave., 13 Floor Evanston, IL 60201.

This communication does not constitute an offer to sell or the solicitation of an offer to buy any securities, or a solicitation of any vote or approval, nor shall there be any sale of securities in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. No offering of securities shall be made except by means of a prospectus meeting the requirements of Section 10 of the Securities Act.

Participants in the Solicitation

Star Peak and Stem and their respective directors, executive officers, other members of management, and employees, under SEC rules, may be deemed to be participants in the solicitation of proxies of Star Peak’s stockholders in connection with the proposed transaction. Information regarding the persons who may, under SEC rules, be deemed participants in the solicitation of Star Peak s stockholders in connection with the proposed business combination is set forth in Star Peak’s registration statement / proxy statement that has been filed with the SEC. Investors and security holders may obtain more detailed information regarding the names and interests in the proposed transaction of Star Peak’s directors and officers in Star Peak’s filings with the SEC, and such information is also in the Registration Statement that has been filed with the SEC by Star Peak, which includes the definitive proxy statement / prospectus / written consent solicitation of Star Peak for the proposed transaction.

Forward-Looking Statements

Certain statements in this communication may be considered “forward-looking statements” within the meaning of the “safe harbor” provisions of the United States Private Securities Litigation Reform Act of 1995. Forward-looking statements generally relate to future events of Star Peak or Stem’s future financial or operating performance. For example, projections of future revenue and other metrics are forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as “may,” “should,” “expect,” “intend,” “will,” “estimate,” “anticipate,” “believe,” “predict,” “or“ or the negatives of these terms or variations of them or similar terminology. Such forward-looking statements are subject to risks, uncertainties, and other factors which could cause actual results to differ materially from those expressed or implied by such forward-looking statements. These forward-looking statements are based upon estimates and assumptions that, while considered reasonable by Star Peak and its management, and Stem and its management, as the case may be, are inherently uncertain factors that may cause actual results to differ materially from current expectations include, but are not limited to: 1) the occurrence of any event, change or other circumstances that could give rise to the termination of the definitive merger agreement with respect to the business combination; 2) the outcome of any legal proceedings that may be instituted against Star Peak, the combined company or others following the announcement of the business combination and any definitive agreements with respect thereto; 3) the inability to complete the business combination due to the failure to obtain approval of the stockholders of Star Peak, to obtain financing to complete the business combination or to satisfy other conditions to closing; 4) changes to the proposed structure of the business combination that may be required or appropriate as a result of applicable laws or regulations or as a condition to obtaining regulatory approval of the business combination; 5) the ability to meet the New York Stock Exchange’s listing standards following the consummation of the business combination; 6) the risk that the business combination disrupts current plans and operations of Stem as a result of the announcement and consummation of the business combination; 7) the ability to recognize the anticipated benefits of the business combination, which may be affected by, among other things, competition, the ability of the combined company to grow and manage growth profitably, maintain relationships with customers and suppliers and retain its management and key employees; 8) costs related to the business combination; 9) changes in applicable laws or regulations; 10) the possibility that Stem or the combined company may be adversely affected by other economic, business and/or competitive factors; 11) Stem’s estimates of its financial performance; 12) the impact of the novel coronavirus disease pandemic and its effect on business and financial conditions; and 13) other risks and uncertainties set forth in the section entitled “Risk Factors” and “Cautionary Note Regarding Forward-Looking Statements” in Star Peak’s Annual Report on Form 10-K for the year ended December 31, 2020. Nothing in this communication should be regarded as a representation by any person that the forward-looking statements set forth herein will be achieved or that any of the contemplated results of such forward looking statements will be achieved. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Neither Star Peak nor Stem undertakes any duty to update these forward-looking statements, except as otherwise required by law. 

Investor Contacts – Stem
Ted Durbin, Stem, Inc.
Marc Silverberg, ICR, Inc.
IR@stem.com 

Media Contact – Stem
Cory Ziskind, ICR, Inc.
stemPR@icrinc.com 

Contacts – Star Peak
Tricia Quinn
Courtney Kozel
info@starpeakcorp.com 
847 905 4400

A photo accompanying this announcement is available at https://www.globenewswire.com/NewsRoom/AttachmentNg/adf8c3bb-8564-409d-a44d-5aaf6bad91f8



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An introduction to intellectual property for businesses https://kojima-niigata.com/an-introduction-to-intellectual-property-for-businesses/ Tue, 06 Apr 2021 13:18:09 +0000 https://kojima-niigata.com/?p=2579 As borders melt away and the internet connects more and more people, billions of consumers are becoming part of a global marketplace. Businesses and consumers, wherever they are located, can reach each other and goods can change hands with a simple click of the mouse. Small businesses from all over the world now have a […]]]>


As borders melt away and the internet connects
more and more people, billions of consumers are becoming part of a global
marketplace. Businesses and consumers, wherever they are located, can reach
each other and goods can change hands with a simple click of the mouse. Small
businesses from all over the world now have a real opportunity to engage and
participate in this ever-enlarging market. At the same time, as more and more
companies jostle for customers, competition is all the more intense. Each
company has to find ways to reach consumers and maintain their loyalty. They
have to offer something that others don’t. To succeed in this intensely
competitive globalised environment, businesses have to be continuously
inventive, innovative and creative. They must be able to communicate to
consumers in ways that appeal to them.

Enter intellectual
property (IP),a
regime created to stimulate and encourage the inventors, innovators and
creators among us to produce the solutions we need for the problems we face, to
satisfy our need for art, music and things of beauty, and to be able to compete
for customers in a free and fair market.

Related stories

IP rights

The IP system consists of a basket of
different rights created by law to allow innovators and creators to control the
fruits of their inventive and creative efforts. It provides for the possibility
to acquire rights over new ideas, innovative products and processes,
confidential information, creative materials, original designs and distinctive
business signs. The law spells out what these rights are, stipulates the
conditions for obtaining these rights and indicates how they may be acquired. Each
right is separate, though there are some similarities in the conditions that
apply, how they are obtained and the rights that accrue. Successful products
often rely on multiple IP rights used in combination with each other.

New technical solutions can be protected by patent
rights (or utility models), a product’s visual appeal by design rights,
confidential business information that gives a business a competitive advantage
by trade secrets, original creations by copyright and distinctive business
signs by trademark rights. These rights are not in watertight compartments. If
the conditions are right, a design could be protected by copyright, or if it
distinguishes a product from other products, it could be a trademark; confidential
business information could give rise to a patent, etc.

To obtain patent, design and trademark rights,
an application has to be made to a prescribed authority and that application,
identifying the invention, design or sign for which protection is sought,
becomes a matter of public record and thus public information. This information
is maintained in freely available databases and constitutes an important
resource when sourcing for ideas, as well as a competitive intelligence tool to
spot activities of competitors, ensure “freedom to operate” and identify
potential partners. Copyright, which protects original creations, does not
require a registration process and instead accrues at the point of creation.
Confidential business information is by its very nature secret and remains
protected from unauthorised access as long as systems have been put in place to
maintain the secrecy. Trademark rights can also accrue through use in the
marketplace, though they are generally weaker. Unregistered design rights are
also available in some jurisdictions. IP rights are generally granted for a
limited period of time, though registered trademark rights can theoretically
exist forever as long as they are renewed. Trade secrets also can continue
forever as long as the information remains confidential.

This is a formidable array of rights that,
once obtained, can be used to protect and therefore defend a company’s core
competitive advantage. When used strategically, often in combination with each
other, such rights can prevent copycats and imitators and delay competitors.

IP benefits

The core competitive advantage of the company
may be the unique solution it offers, or its creative flavour, or its
recognition and appeal, or all of the above. Whatever it may be, a number of
options are available through the IP system and it is for the company to
determine which of the available tools would best serve its needs. In any case,
the IP system is there to serve the business objectives of a company and
whatever decision it takes it needs to do so in a manner that advances and
supports its business objectives.

Failure to protect itself may mean that
imitators will quickly take over, and since the imitators did not invest in the
development of that solution or that design or in creating that trusted image,
they will be able to provide the same unique proposition at a lower price,
quickly running the original company out of business.

IP rights are often described as negative in
nature in that the right provided by law is to exclude others from using it, as
opposed to a positive right to use. However, the right to exclude necessarily
means that there is also the right to include: the option to say yes to a third
party to use these assets.

Therefore, the IP system, by providing a
certain tangibility to intangibles, creates assets much like physical assets
that can be traded by the owners of these rights. IP rights can be bought and
sold, licensed (rented), donated, used to attract partners and collaborators,
signal to investors and project a certain image to customers and potential
employees.

The intangible nature of IP rights offers a
unique opportunity as compared to tangible assets. Unlike tangible assets,
intangibles can be enjoyed by an endless number of people at a marginal cost of
zero or almost zero without affecting its quality, and this enjoyment can take
place simultaneously. Physical assets, on the other hand, can be enjoyed
generally by one person at a time and multiple users can affect its quality. IP
owners can therefore give others (say yes) the right to use their IP asset in
exchange for value, usually a fee called royalties, which they can
theoretically do with as many third parties as they wish, creating multiple
revenue streams. This is known as licensing and businesses today thrive on a
multitude of such licensing practices, creating many lucrative business
opportunities.

IP licensing and collaborations

Two important types of licensing practices are
franchising and merchandising. Franchising is when a collection of IP rights is
licensed together with a business model and with business support. The
franchisor or the owner of the business model and the IP rights allows the
franchisee to use the IP rights and the business model, and provides training
and support to the franchisee in setting up and running the business. This is a
very popular way for newcomers to start a business. They are able to use an already
established clientele loyal to the brand. This is a significant advantage to
any business, which would normally have to invest a lot of time and effort in building
up brand recognition. Of course, as with any licence, the franchisee has to pay
for that privilege through royalties for the use of the IP. Franchising is also
a popular growth strategy for business owners that are able to expand their
business, creating new revenue streams without the need to actively participate
in the running of the expanded business. Many globally well-known marks such as
McDonald’s and Pizza Hut are run in this manner.

Another very popular licensing practice is
merchandising, where owners of trademarks, designs and copyright allow others
to apply these on their products. This allows small businesses that have yet to
build the consumer recognition for their products to apply the trademark,
design or copyright-protected work to their products and, attract the consumers
loyal to these, and be able to command a higher price than a business that did
not do so. This allows everyday products to acquire an appeal that they would
otherwise not have. For example, the image of Donald Duck may be licensed to
someone who produces caps, making the caps much more interesting to a consumer
than if they did not have that image. A large share of the revenue that accrues
to sports clubs is from licensing their logos to companies that sell clothing
and memorabilia to fans. Once again, the right to use the IP is provided in
exchange for a fee and higher costs are involved but with the potential to reap
higher rewards.

In addition, a well-managed IP portfolio
performs a signalling function, letting potential employees, customers and
partners know that the company is modern, innovative and serious. People like
to engage with, work for and use the services of such businesses. A
well-managed IP portfolio also performs the important function of assuring
investors that the company has taken care to protect its valuable assets; for a
technology-based startup the innovative idea is perhaps its only asset. It is
also a means for entering into collaborations and joint ventures where the
parties bring their different IP rights together into one enterprise,
strengthening them both.

National and global IP systems

Ironically, as borders melt away in the global
marketplace, the IP system remains firmly national (or regional). That is to
say, while the minimum thresholds for protecting IP rights are governed by
international treaties, the process of obtaining IP rights and enforcing them
rest with national authorities. IP rights for the most part have to be sought and
formally obtained through application to a national or regional authority. The
right obtained is limited to that jurisdiction where it was granted, which is
generally a country and in some cases a region where a system exists to grant
rights for a particular region, such as in Europe through the European Patent
Office, or Benelux countries, or English-speaking African countries through the
African
Regional Intellectual Property Organization, or French-speaking African countries through
the Organisation
Africaine de la Propriété Intellectuelle. Therefore, while businesses are keen to
exploit the global marketplace, they have to be mindful that their IP rights
need to be actively sought and obtained in those marketplaces. There is no
automatic global IP right.

The World Intellectual Property Organization (WIPO),
as the premier global forum on IP, has taken the lead from as far back as 1883
to put in place rules and systems for managing the IP system as a global framework,
while the rights as indicated above are essentially national or regional
rights. WIPO administers a number of international treaties – 26 in fact – that
agree on the legal framework of IP law, on the administration of IP rights and
on the obtaining of rights in multiple countries. It administers the Patent
Cooperation Treaty, the Madrid System and the Hague System, which enable IP
rights owners to obtain patents, trademarks and design rights respectively in
multiple countries.

When the IP system holds no appeal to a
company, it is still important to pay attention to it as there could be many
pitfalls that an unsuspecting business may face by not being aware of how the
system works. As indicated earlier, failure to use the IP system to protect competitive
advantage will mean a business will run the risk of opening the door to
imitators. Worse, the company may protect the innovation itself, in effect
excluding the original innovator from the market. Failure to pay attention to
the IP system would also mean that the company runs the risk of infringing the
rights of others, inviting lawsuits, reputational damage and wasted resources. Other
risks involve loss of proprietary information and failure to clarify IP
ownership, leading to possible disputes when dealing with partners, vendors and
other collaborators. Finally, when expanding beyond borders, significant damage
can ensue by assuming that IP rights are valid worldwide, that IP laws are the
same in other countries and not knowing that there are important deadlines to
be met. These errors can cause serious harm to an unwitting business.

Poor IP uptake

Despite the significant advantages of the IP
system and the risks that may accrue in not paying attention to it, businesses
around the world are for the most part not using the IP system. This is due to
a lack of awareness of its advantages and risks in not using it or due to a
perception that it has little relevance, that it is too costly, that it is too
complex and that there is little ability to enforce. This is unfortunate, for
while IP may not be relevant in equal measure to all businesses, it has
something for every business and for some more than others. IP is particularly
relevant for innovative businesses, those that have a unique idea for a product
or service. It is also relevant to those operating in a niche market targeting
a specific clientele such as environmentally conscious consumers or those
looking for bio products, etc. Such consumers are usually in a higher income
bracket and are willing to pay a higher price for such products. IP plays a key
role in signalling to these consumers the nature and quality of the products
they seek. IP is also important to export-oriented companies or those engaged
with suppliers, manufacturers and distributors in other countries.

As explained above, IP is a territorial right
confined to the country or region where it was obtained. Companies engaged
outside their borders need to apply for and obtain protection for their
innovative products in the markets in which they are operating. Failure to do
so means that these products and the IP relevant to them are not protected in
those markets and could legitimately be exploited by competitors in those
countries.

IP support for businesses

The programmes being implemented by WIPO for
the benefit of small businesses seek to address this situation. They are
designed to support innovative businesses by, on the one hand, increasing their
awareness of the IP system and its advantages and the risks of ignoring it;
and, on the other hand, developing the capacity of their intermediary
institutions to integrate IP-related support services to their menu of business
services.

The support is provided through business-friendly
information in the form of guides and tools essentially made available through
the IP for Business website of WIPO. The most recent service developed and made
available on a pilot basis is WIPO
IP Diagnostics
, a web-based tool that allows a company to identify their
potential IP assets and receive an automated report on how they may be
protected, managed and exploited by responding to a series of questions about
their business. The support for business intermediaries is delivered through
targeted support programmes to selected intermediaries identified by countries
as well as IP offices. These include the development of country and sector-specific
material, training programmes and the sharing of best practices. In this
regard, the IP for Business series of guides and WIPO IP Diagnostics form the
basis of country-specific material.

This and other initiatives in favour of the
business community will be an important part of the work of a new sector at
WIPO called IP and Innovations Ecosystem. The creation of this new sector is
part of larger efforts by WIPO director general Daren Tang, who took over the
helm of the organisation in October 2020, to sharpen WIPO’s focus on helping to
promote the commercialisation of IP around the world, particularly by smaller
companies. This is critical to supporting the widest possible participation in
the global IP system.

Tamara
Nanayakkara is counsellor in the IP for business division, IP and innovation
ecosystems sector at the World Intellectual Property Organization.

The material on this site is for law firms, companies and other IP specialists.
It is for information only. Please read our Terms and Conditions and Privacy Notice before using the site. All
material subject to strictly enforced copyright laws.

© 2021 Euromoney Institutional Investor PLC. For help please see our FAQs.



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ComplianceOnline opens registration for “ Navigating the Labyrinth and Publish-Market Challenges of Medical Gadgets ” occasion https://kojima-niigata.com/complianceonline-opens-registration-for-navigating-the-labyrinth-and-publish-market-challenges-of-medical-gadgets-occasion/ Tue, 06 Apr 2021 13:01:00 +0000 https://kojima-niigata.com/complianceonline-opens-registration-for-navigating-the-labyrinth-and-post-market-challenges-of-medical-devices-event/ The seminar “Navigating the Maze and Publish-Market Challenges of Medical Gadgets Through the COVID-19 Pandemic” has been added to the ComplianceOnline.com providing. SAN JOSE, CA, UNITED STATES, April 6, 2021 /EINPresswire.com/ – ComplianceOnline, the world’s largest GRC advisory community, has introduced that registration is now open for its 2-day seminar “Navigating the Maze and Publish-Market […]]]>


The seminar “Navigating the Maze and Publish-Market Challenges of Medical Gadgets Through the COVID-19 Pandemic” has been added to the ComplianceOnline.com providing.

SAN JOSE, CA, UNITED STATES, April 6, 2021 /EINPresswire.com/ – ComplianceOnline, the world’s largest GRC advisory community, has introduced that registration is now open for its 2-day seminar “Navigating the Maze and Publish-Market Challenges of Medical Gadgets Through the COVID-19 Pandemic”. The seminar will happen April 29-30 and former chief of the CDRH Remembers department of the FDA, Rita Hoffman, is the speaker.

Publish-market actions, grievance dealing with, MDRs and remembers are costly, time-consuming and sometimes end in extra critical monetary penalties. Over 80% of FDA inspection goal observations for non-compliance in these areas.

On this seminar, contributors will uncover:

• The way to overcome one of many greatest
• in opposition to system producers
• How the FDA expects you to develop and implement applicable dealing with of reportable and unreported complaints, dealing with and documentation of product complaints
• How and when to file medical system stories (MDRs), efficient and applicable communication with the suitable regulatory our bodies within the occasion of a recall.
• The way to take remedial and removing motion to keep away from a recall disaster, together with required file holding, expectations of the FDA and different regulatory companies within the occasion of a recall, and key components in implementation and sustaining compliance with FDA rules and precise experiences.
• Creation of ordinary working techniques (SOP) for post-market high quality techniques and
• What to anticipate from the adjustments to the ORA with the realignment of the inspection construction

This seminar will permit attendees to cease spinning their wheels with non-essential actions and go away them with a full studying package deal that solely Rita Hoffman, former head of the CDRH recall department of the FDA with expertise within the industries units, medication and veterinarians can present.

Medical system reporting (MDR) and recall compliance are vital to the continued survival of all system producers. The FDA continues its efforts to problem quite a few FDA warning letters and critical enforcement motion, together with prison and civil penalties imposed on firms that did not correctly report occasions and take corrective and remedial motion. applicable deletion. The variety of system producers whose recall is classed as Class 1 (most critical) has elevated over the previous three years. As well as, product legal responsibility and monetary dangers are monumental when firms fail to report appropriately and take motion when crucial.

This course will present an understanding of MDR and Recall compliance and the interrelationship of the Complaints Dealing with, CAPA and Danger Administration processes. It would profit all system producers and is advisable for anybody or group concerned within the medical system declaration and correction and withdrawal (MDR) processes, together with remembers.

Studying aims:

• Perceive find out how to adjust to the complicated complaints dealing with, MDR and recall necessities
• MDR stories from firms and report processing by the FDA
• Firm preparation within the occasion of a recall, recall technique, notification letter and communication with the FDA
• Reduce the danger of regulatory enforcement actions
• Assist create and keep efficient procedures to take care of complaints, reportable occurrences and remembers
• Perceive the connection and interplay with different parts of the standard system concerning complaints and reportable occasions
• Presentation of case examples
• Step-by-step information to designing normal working techniques to speak the enterprise success course of
• Dialogue of the FDA’s new danger tips and their interplay with remembers

Who will profit:

This course will profit all gamers within the medical system business who handle capabilities involving product complaints, remembers and medical system stories.

• Regulatory Affairs
• QA / QC
• Venture managers
• Regulator
• Danger managers
• Complaints dealing with groups
• CAPA groups

For extra data or to register for this seminar, please click on right here.
Digital coaching by way of WebEx
Date: April 28-29, 2021 (10:00 a.m. – 3:00 p.m. EDT)

Speaker:
Rita Hoffman, RAC. Managing Companion Regs & Recall Methods, LLC .Ms. Hoffman has over 36 years of expertise with the FDA within the system, drug and veterinary industries. She has an in-depth understanding of FDA regulatory and compliance points from the attitude of the FDA and the regulated business. As an FDA Compliance Marketing consultant, she gives shoppers with regulatory data, advises on vital compliance gaps, performs compliance audits and new merchandise, gives data and recommendation on recall methods to the medical system business and advises on figuring out jurisdictions for mixture merchandise.

Ms. Hoffman retired from the FDA in January 2011 as head of the Remembers division of the Heart for Gadgets and Radiological Well being (CDRH), the place she was answerable for monitoring and reviewing all remembers. of medical units. Ms. Hoffman has held a number of positions together with that of the Heart for Drug Analysis and Analysis (CDER) {Qualifications} Assessment Officer (offering recommendation on drug / system designation, mixture merchandise and co-packaging), ‘Performing Affiliate Ombudsman, Liaison with Small Companies and was answerable for coverage. Analyst for eight years on the Commissariat. She served as co-chair of the Baltimore / Washington metro space chapter of RAPS for 2 quarters, and in 2008, obtained the RAPS Particular Recognition Award.

About ComplianceOnline.com:

ComplianceOnline is a number one supplier of regulatory compliance coaching packages for companies and professionals in regulated industries. ComplianceOnline has efficiently skilled greater than 55,000 professionals from 15,000 firms to adjust to regulatory company necessities. ComplianceOnline is headquartered in Palo Alto, California, and might be contacted at http://www.complianceonline.com. ComplianceOnline is a MetricStream portal. MetricStream (www.metricstream.com) is a market chief in enterprise-wide governance, danger, compliance (GRC) and high quality administration options for international companies.

For extra data on ComplianceOnline or to browse our coaching packages, please go to our web site

Priyabrata Sahoo
On-line compliance
+ 1-888-717-2436
write us right here
Go to us on social networks:
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Twitter
LinkedIn





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Proposals for Judicial Overview Reforms in England and Wales https://kojima-niigata.com/proposals-for-judicial-overview-reforms-in-england-and-wales/ Tue, 06 Apr 2021 10:20:35 +0000 https://kojima-niigata.com/proposals-for-judicial-review-reforms-in-england-and-wales/ Nonetheless, the federal government is proposing to legislate for a “security valve”, supposed to make sure that courts refuse to present impact to a foreclosures clause solely in probably the most distinctive circumstances. It isn’t clear precisely how such a provision would work for foreclosures clauses in a number of statutes. Higher Tribunal appeals The […]]]>


Nonetheless, the federal government is proposing to legislate for a “security valve”, supposed to make sure that courts refuse to present impact to a foreclosures clause solely in probably the most distinctive circumstances. It isn’t clear precisely how such a provision would work for foreclosures clauses in a number of statutes.

Higher Tribunal appeals

The federal government’s proposals endorse the advice of the revision to abolish the competence of the “ basket ” for judicial evaluations, created by a judgment of the Supreme Court docket of 2011. This can be a sort of attraction for errors regulation, which is obtainable when the upper court docket has refused to grant somebody permission to attraction a call of a first-level court docket in immigration and social safety instances, amongst others. Cart jurisdiction represents a considerable proportion of judicial assessment purposes that the federal government defends annually.

In keeping with the federal government’s proposal, the Higher Tribunal will return to having the ultimate say on whether or not the selections of the first-level tribunal will be appealed, because it did earlier than 2011.

Proposed procedural modifications

The federal government can be searching for opinions on a lot of different procedural reforms, that are prone to have much less affect in observe. They embody:

  • the elimination of the requirement for a criticism to be made “as quickly as attainable”. This can replicate the scenario in Northern Eire and Scotland, the place a easy three month deadline applies;
  • permit the events to agree amongst themselves on extensions of the three-month interval. This may occasionally present some welcome flexibility on some events to permit pre-action discussions to proceed, with the intention of avoiding litigation;
  • set up formal multi-faceted procedural timetables primarily based on the complexity of the instances. The problem on this regard can be to outline summary standards which may decide the complexity of all judicial controls.
  • establishing a transparent proper for a plaintiff to challenge a response to a defendant’s acknowledgment. This could present some welcome readability within the early phases of a judicial assessment course of, fairly than leaving it to the discretion of particular person judges.

Judicial assessment in different UK jurisdictions

The federal government’s response raises the query of whether or not the proposed reforms ought to be carried out in all three UK jurisdictions, or simply England and Wales.

Accountability for judicial assessment devolves in Northern Eire and Scotland, so the UK authorities wouldn’t usually legislate in parliament on this matter with out their consent. However, if he chooses to reform the jurisdiction of England and Wales solely, it may create vital incentives for discussion board buying.

The place a call or act of a public physique has results in all elements of the UK, it might generally be open to candidates to convey their declare in one of many three UK jurisdictions. When that is the case, they are going to be extra prone to favor courts with out restrictions on the cures accessible to them.



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US court docket raises danger of lawsuits for metropolis agency with disputed funds https://kojima-niigata.com/us-court-docket-raises-danger-of-lawsuits-for-metropolis-agency-with-disputed-funds/ Tue, 06 Apr 2021 10:03:59 +0000 https://kojima-niigata.com/us-court-raises-risk-of-lawsuits-for-city-firm-with-disputed-funds/ Clyde & Co: the agency needed to be faraway from its capabilities Metropolis legislation agency Clyde & Co has been cleared to pay the court docket $ 325 million it holds in an escrow account, after a U.S. choose dominated out the danger of being sued for it. The funds have been the topic of […]]]>


Clyde & Co: the agency needed to be faraway from its capabilities

Metropolis legislation agency Clyde & Co has been cleared to pay the court docket $ 325 million it holds in an escrow account, after a U.S. choose dominated out the danger of being sued for it.

The funds have been the topic of worldwide arbitration and Clyde additionally held them in belief for his shopper, PetroSaudi Oil Providers (Venezuela) Ltd (POS), but it surely was alleged that they have been the proceeds of the huge fraud. of 1MDB in Malaysia.

In September 2020, the District Court docket for the Central District of California granted a request from america Division of Justice (DOJ) to problem a in rem warrant for confiscation of funds.

The warrant ordered U.S. legislation enforcement officers to arrest and seize the funds.

It was served on Clyde in London and the DOJ argued that it gave the California court docket jurisdiction to confiscate the funds. He threatened Clyde with lawsuits if he transferred them, a danger Choose Miles heard in February was actual, if not excessive.

Consequently, at the moment, he refused to adjust to POS’s request for the cash to go to court docket, which he needed in order that month-to-month funds might be made to unpaid collectors and for charges. authorized.

In his final determination, Miles J mentioned there has since been “a dramatic shift within the factual panorama” – the California court docket allowed POS’s movement to recall the warrant.

POS renewed its declare to the Excessive Court docket, on which Clyde took a impartial stance.

The choose mentioned: “[Clyde] doesn’t object to the order being made and certainly needs, all different issues being equal, to be faraway from his duties as trustee and receiver.

“Nevertheless, he depends on his rights of compensation and retention and these are offered for within the draft order that was submitted to me right this moment.”

A Malaysian court docket additionally ordered the funds to be frozen, however the choose famous that that they had not been “domesticated” in England and Wales and that the Nationwide Crime Company (NCA) had not made a request. on this topic.

As well as, in earlier hearings, the ANC has indicated that it’ll not oppose the proposed month-to-month funds, which the Malaysian ordinance itself additionally permits.

Making the order, Miles J mentioned: “I don’t see the existence of the Malaysian order as a motive why this court docket refuses to make an order both for the fee of the sums of cash to the English court docket or for the fee of periodic sums. from the courtyard.

“It has not been domesticated and has no impact on this jurisdiction.

“The plaintiff’s lawyer defined that the plaintiff shouldn’t be at this stage asking for full fee of the court docket cash as a voluntary determination to adjust to the Malaysian court docket order with out accepting in any method that this order is enforceable or enforceable.

“It’s a determination of the applicant.”



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COVID-19: Well being Minister Roger Prepare dinner broadcasts Queensland vacationers will probably be allowed to return to Washington state https://kojima-niigata.com/covid-19-well-being-minister-roger-prepare-dinner-broadcasts-queensland-vacationers-will-probably-be-allowed-to-return-to-washington-state/ Tue, 06 Apr 2021 09:19:00 +0000 https://kojima-niigata.com/covid-19-health-minister-roger-cook-announces-queensland-travelers-will-be-allowed-to-return-to-washington-state/ Queensland vacationers will have the ability to re-enter WA from midnight on Wednesday, after the Sunshine State recorded a 3rd day in a row with no domestically acquired COVID case. Queensland vacationers will nonetheless have to self-quarantine and report for checks on the eleventh day of their isolation – however can now enter WA with […]]]>


Queensland vacationers will have the ability to re-enter WA from midnight on Wednesday, after the Sunshine State recorded a 3rd day in a row with no domestically acquired COVID case.

Queensland vacationers will nonetheless have to self-quarantine and report for checks on the eleventh day of their isolation – however can now enter WA with out police exemption.

Well being Minister Roger Prepare dinner introduced on Tuesday that Queensland can be reclassified as a low-risk jurisdiction beneath WA’s managed border coverage from 12:01 p.m. Wednesday.

Queensland was declared a ‘medium threat’ state on March 27, following an outbreak linked to a nurse at Princess Alexandra Hospital.

Digicam iconQueensland vacationers will nonetheless have to self-quarantine and report for checks on the eleventh day of their isolation – however can now enter WA with out police exemption. Credit score: Jackson flindell/The Sunday Occasions

“Since then, Queensland authorities have performed an ideal job of containing the virus,” Prepare dinner mentioned.

“So it is good that we are able to now act on the newest well being tricks to decrease the chance score to low.

All arrivals from a low threat jurisdiction through Perth Airport and state land borders should bear a well being screening and full a G2G utility go.

WA Director of Well being Andrew Robertson will proceed to observe and evaluation border controls to find out if additional changes may be made sooner or later, in accordance with the Minister of Well being.

“We’ll proceed to behave within the pursuits of all Western Australians to make sure that our state stays as safe as potential,” mentioned Prepare dinner.



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Factors Worldwide Ltd. 6-Okay March 4, 2021 9:02 PM https://kojima-niigata.com/factors-worldwide-ltd-6-okay-march-4-2021-902-pm/ Fri, 05 Mar 2021 11:53:35 +0000 https://kojima-niigata.com/points-international-ltd-6-k-march-4-2021-902-pm/ UNITED STATES SECURITY AND EXCHANGE COMMISSION Washington, DC 20549 ___________________________ FORM 6-Okay ___________________________ FOREIGN PRIVATE ISSUER REPORT IN ACCORDANCE WITH RULE 13a-16 OR 15d-16 UNDER THE SECURITIES EXCHANGE ACT, 1934 For the month of March 2021 Fee file quantity 001-35078 POINTS INTERNATIONAL LTD. (Translation of the declarant’s identify in English) 111 Richmond Road West, Suite […]]]>


UNITED STATES

SECURITY AND EXCHANGE COMMISSION

Washington, DC 20549

___________________________

FORM 6-Okay

___________________________

FOREIGN PRIVATE ISSUER REPORT

IN ACCORDANCE WITH RULE 13a-16 OR 15d-16 UNDER THE

SECURITIES EXCHANGE ACT, 1934

For the month of March 2021

Fee file quantity 001-35078

POINTS INTERNATIONAL LTD.

(Translation of the declarant’s identify in English)

111 Richmond Road West, Suite 700

Toronto, ON, M5H 2G4, Canada

(Tackle of the principle govt workplace)

Point out with a examine mark whether or not the declarant is submitting or will file annual returns beneath Kind 20-F or Kind 40-F.

Kind 20-F ¨ Kind 40-F X

Point out with a examine mark whether or not the declarant is submitting Kind 6-Okay on paper as permitted by rule 101 (b) (1) of the ST Regulation:
¨

Point out with a examine mark whether or not the declarant is submitting Kind 6-Okay on paper as permitted by rule 101 (b) (7) of the ST Regulation:
¨

Exhibit 99.1 of this report, offered on Kind 6-Okay, is furnished, not filed and won’t be included by reference in a registration assertion filed by the registrant beneath the Securities Act of 1933, as amended.



EXHIBITIONS



SIGNATURES

In accordance with the necessities of the Securities Alternate Act of 1934, the registrant has duly brought on this report back to be signed on his or her behalf by the undersigned, duly approved.

POINTS INTERNATIONAL LTD.

Date: March 4, 2021 By: / s / Erick Georgiou
Final identify: Erick Georgiou
Title: Monetary director


Room 99.1


Click on to enlarge

Factors Worldwide broadcasts beforehand introduced purchased deal financing improve to C $ 27.5 million

DO NOT DISTRIBUTE TO THE UNITED STATES NEWSWIRE SERVICES OR FOR RELEASE, PUBLICATION, DISTRIBUTION, OR BROADCAST USE DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, IN THE UNITED STATES OR THE UNITED STATES

TORONTO, March 4, 2021 / CNW / – Factors Worldwide Ltd. (TSX: PTS) (Nasdaq: PCOM) (“Factors” or the “Firm”), the worldwide chief in loyalty buying and selling, is happy to announce that it has entered right into a revised settlement with a syndicate of underwriters led by Acumen Capital Finance Companions Restricted (the “Underwriters”) to extend the scale of the beforehand introduced purchased deal financing. Pursuant to the amended phrases, the Underwriters have agreed to buy, on a purchased deal foundation, a complete of 1,467,400 frequent shares of Factors (the “Frequent Shares”) at a worth of $ 18.75 per share. frequent share (the “Providing Value”) for mixture gross proceeds to the Firm of roughly $ 27.5 million (the “Providing”).

The Firm has granted the Underwriters an Over-Allotment Possibility, exercisable at any time inside 30 days of the closing of the Providing, to buy as much as 220,110 extra Frequent Shares on the Providing Value. Within the occasion that the Over-Allotment Possibility is exercised in full, the gross proceeds of the Providing can be roughly $ 31.6 million.

The corporate plans to make use of the web proceeds to fund advancing its product roadmap and its knowledge analytics, advertising automation and machine studying capabilities. The web proceeds will also be used to fund future progress alternatives and to speed up the Firm’s enterprise improvement pipeline.

The frequent shares can be supplied by the use of brief type prospectus, qualifying the frequent shares for distribution in all provinces of Canada and america by the use of personal placement beneath accessible exemptions from the registration necessities of america Securities Act. 1933, as amended, and outdoors of Canada and america on a non-public placement or equal foundation.

The Provide is predicted to shut on or round March 29, 2021 and is topic to customary closing circumstances, together with acquiring relevant regulatory approvals and from the Toronto Inventory Alternate and NASDAQ Capital Market.

About factors

Factors, (TSX: PTS) (Nasdaq: PCOM) is a trusted associate of the world’s main loyalty packages, leveraging its distinctive loyalty buying and selling platform to create, nurture and develop a community of the way members can receive and use their most well-liked loyalty forex. Our platform combines info, know-how and sources to make the motion of loyalty currencies simpler and smarter for almost 60 rewards packages world wide. Based in 2000, Factors is headquartered in Toronto with groups working world wide.

For extra info go to Factors.com.

This press launch doesn’t represent a proposal to promote or the solicitation of a proposal to purchase the Frequent Shares in america and there can be no sale of the Frequent Shares in any jurisdiction the place such a proposal, solicitation or sale can be unlawful. The Frequent Shares supplied beneath the Providing haven’t been and won’t be registered beneath america Securities Act of 1933, as amended, or the securities legal guidelines of any state of america. Accordingly, the Frequent Shares supplied beneath the Providing is probably not supplied or offered in america or to United States nationals until an exemption from registration is obtainable.


Warning Relating to Ahead-Trying Statements

This press launch accommodates or incorporates forward-looking statements throughout the which means of US securities legal guidelines and forward-looking info throughout the which means of Canadian securities legal guidelines (collectively, “forward-looking statements”). These forward-looking statements embody or relate to, with out limitation, the closing of the Providing and the meant use of the web proceeds of the Providing. These statements usually are not historic details, however symbolize solely Factors’ expectations, estimates and projections relating to future occasions.

Though Factors believes that the expectations mirrored in these forward-looking statements are cheap, these statements usually are not ensures of future efficiency and are topic to vital dangers and uncertainties which are troublesome to foretell. Sure vital assumptions or estimates are utilized in making forward-looking statements, and precise outcomes could differ materially from these expressed or implied in such statements. We must always not place undue reliance on such statements. Particularly, the uncertainty surrounding the length and scope of the COVID-19 pandemic and the influence of the pandemic and the actions taken in response on international and regional economies, financial exercise and all elements of the trade journey and hospitality adverse influence on our actions. The principle assumptions regarding the Provide embody, however usually are not restricted to, assumptions in accordance with which the Provide will shut as scheduled and Factors will receive regulatory and third social gathering approvals for the Provide and the closing circumstances for the Provide can be met. As well as, dangers, uncertainties and different elements which will have an effect on the outcomes expressed or implied in these forward-looking statements embody, however usually are not restricted to: (i) disruption to airways or the journey trade, corresponding to airline insolvency and continued airline consolidation. ; (ii) our dependence on a restricted variety of giant clients for a good portion of our consolidated revenues; (iii) our dependence on contractual relationships with loyalty program companions that are topic to termination and renegotiation; (iv) our publicity to vital liquidity danger if we fail to satisfy contractual efficiency commitments; (v) our means to transform our portfolio of potential companions or launch new merchandise with new or present companions as deliberate or deliberate; (vi) our reliance on varied third events who present sure options in our Platform Companions phase which we market to Loyalty Program Companions; (vii) the truth that our operations are performed in a number of jurisdictions and in a number of currencies and, as such, dramatic fluctuations in international forex change charges can have a dramatic impact on our monetary outcomes and (viii) the chance of a default occasion beneath our senior secured credit score facility. These danger elements, in addition to different vital danger elements that would trigger precise outcomes to vary materially, are mentioned within the Annual Data Kind and Kind 40-F of Factors, within the Annual and Interim MD&A ( “Administration report”), within the annual and interim monetary statements and within the notes thereto. These paperwork can be found at www.sedar.com and www.sec.gov.

The forward-looking statements contained on this press launch are made as of the date of this press launch and, due to this fact, are topic to vary after such date. Besides as required by regulation, Factors undertakes no obligation to replace or revise any forward-looking statements made or included on this press launch, whether or not because of new info, future occasions or different.

Investor Relations Contact

Sean Mansouri, CFA or Cody Slach

Gateway Investor Relations

1-949-574-3860

IR@factors.com




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three issues the West wants to higher shield nationwide safety https://kojima-niigata.com/three-issues-the-west-wants-to-higher-shield-nationwide-safety/ Fri, 05 Mar 2021 10:45:28 +0000 https://kojima-niigata.com/three-things-the-west-needs-to-better-protect-national-security/ Many nations throughout fashionable historical past have used government-sponsored or influenced investments overseas to attain their strategic objectives. Whereas the dialog is at present targeted on China, investments different the nations had been blocked or unwound for causes of nationwide safety by Western governments – and our rivals will proceed to make use of international […]]]>


Many nations throughout fashionable historical past have used government-sponsored or influenced investments overseas to attain their strategic objectives. Whereas the dialog is at present targeted on China, investments different the nations had been blocked or unwound for causes of nationwide safety by Western governments – and our rivals will proceed to make use of international funding as a device of presidency sooner or later. Even the investments of our closest allies can doubtlessly threaten nationwide safety, particularly if these allies have beforehand failed, for instance, to stick to export management legal guidelines designed to maintain vital applied sciences out of the attain of rivals.

As considerations about strategic investments enhance, many nations at the moment are seeking to alter their guidelines on international direct funding (FDI) and nationwide safety. At the least 11 jurisdictions made modifications in 2020, amid fears in regards to the security of depressed property and provide chains sparked by the pandemic. So how can we be certain that international funding rules within the West successfully eradicate refined and strategically government-motivated or managed FDI? I help that there are three issues we have to do to higher shield the West from dangerous international funding whereas remaining open to legit FDI.

1. Undertake constant guidelines according to finest practices

Western allies ought to undertake clear and constant guidelines on international funding and nationwide safety, according to worldwide finest practices set out within the OECD tips for the funding insurance policies of recipient nations. This might allow a decentralized FDI safety structure to guard the pursuits of the 5 Eyes and NATO nations in a constant and rules-based method.

Whereas the power to dam FDI for nationwide safety causes is a sovereign proper beneath worldwide legislation, the adoption of nationwide legal guidelines offering for clear jurisdiction, enabling mechanisms and evaluate processes makes detection extra seemingly. threatening strategic investments and benign international buyers won’t be deterred. Allies with out management mechanisms ought to be inspired to undertake them, and people with such mechanisms ought to be inspired to replace them to reply to the big selection of current and rising threats.

The US offers a great mannequin, as one of many oldest and most institutionalized evaluate regimes, with clear tips for intervention, frameworks for danger evaluation and a historical past of profitable mitigation. Proposal Nationwide Safety and Investments Invoice ought to deliver the UK according to finest apply, offering a complete regime designed to be non-discriminatory, clear, proportionate and accountable. To be absolutely efficient, nevertheless, the federal government should present the infrastructure and sources essential to succeed.

The EU faces a special problem. Its 2020 Body to filter FDI permits him to fret about threatening investments EU huge safety, whereas defending the correct of member states to make the ultimate choice on FDI of their nation. But a bit extra half of EU states have regimes in place, and these differ significantly by way of course of, protection and institutional capability. For the Framework to be efficient, many Member States will want new or up-to-date rules.

Lastly, finest practices amongst Western allies ought to be certain that FDI rules focus solely on nationwide safety, quite than nationwide curiosity or different protectionist issues. The contradiction of those ideas confuses buyers and undermines the argument that legit nationwide safety assessments of FDI are potential.

2. Open strains of communication and intelligence cooperation

It’s important that Western allies have open strains of communication on safety points associated to FDI. Significantly when an funding poses a danger to nationwide safety however takes place extraterritorially. Some states, together with we and China, have made nationwide authorized provisions for jurisdiction over sure international investments overseas that have an effect on nationwide safety within the nation, in addition to the British invoice. However such choices are tough to implement with out the cooperation of the goal state. Convincing one other authorities to use a 3rd occasion block to an funding in its nation (or to dam it itself) requires the very best ranges of intelligence sharing, belief and coordination. It is usually useful to have established contacts and channels of communication in Allied States on this concern.

Strategically motivated investments are additionally turning into more and more refined with a purpose to escape “seize” by current evaluate regimes, typically utilizing acquisition automobiles that make it tough to detect final possession or possession. efficient affect. In such instances, the sharing of knowledge and intelligence amongst allies will be essential in figuring out international affect and management over potential acquirers. Latest United Kingdom, EU, and we laws takes optimistic steps on this route, permitting intelligence coordination and information sharing whereas establishing strains of communication. Designated skilled factors of contact between Allied states can be required, which would require an funding of time and sources. Trade applications amongst allied evaluate regimes workers will also be helpful for coaching, constructing belief and constructing relationships.

3. Institutionalize a tradition of finest practices and transparency

Lastly, a powerful institutional tradition and deep institutional capability are wanted to help evaluate regimes in Western states, to make sure that they’ve the capability to do their job, whereas sustaining liberal Western financial values ​​within the face of competitors from extra closed economies. Robust establishments with multi-agency involvement – such because the Committee on International Funding in the US (CFIUS) – are higher ready to withstand exterior political pressures and focus on nationwide safety missions.

As nationwide security-related IED opinions enhance in quantity and complexity, the important thing questions for Western allies are: have they got the data, databases and instruments to correctly assess dangers? ? Are they properly endowed? Do these staff have the required safety clearances and coaching to do their jobs successfully? Even with the sturdy capability of CFIUS pulling a number of companies, current US legislation included elevated funding and staffing to satisfy a extra demanding workload. The brand new UK regime may face challenges on this space, with an anticipated heavy workload in varied sectors. Many European regimes may also want improved capabilities and sources, underscoring the worth of allied cooperation on this concern going ahead.

In abstract: Coherent guidelines, open channels of communication and institutional capability are all wanted to have an efficient transatlantic coordination regime on FDI and nationwide safety that absolutely addresses the dangers posed by strategic international funding from China. China, Russia and past.


Notes:

Ashley Thomas Lenihan (PhD) is an affiliate at LSE IDEAS and a member of the LSE Heart for Worldwide Research.

This merchandise was first printed in LSE Enterprise Evaluate


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