Your team has been hired as consultants by the ABC Manufacturing Company, a successful Canadian company. ABC is planning to open a factory in (your team’s country). The CEO is very nervous about the legal system in that country and asks you to provide a video presentation describing the legal system of that country.
In order to learn from your fellow students you must watch five presentations that have been created by other students. In order to demonstrate that you have watched the five videos you must submit a journal more than 2 page (double spaced) for each presentation (no more than fifteen pages in total for the five presentations).— About 12 pages in total should be enough.
The journal on each presentation can be structured as you think best but should include the following:
- Generally describe your reaction to, and evaluation of, the presentation.
- In a few paragraphs summarize the most important things you learned about the legal
system in that country? - Having watched the presentation, if you were to start doing business in that country what
aspects of the legal system would you be most concerned about? Why? - Is there information about the legal system in that country that you would like to have but
wasn’t provided in the presentation.
DOING BUSINESS IN AUSTRALIA
CRIMINAL JUSTICE
DEGREE FOR COLLEGE
CONTENTS
1
2
3
4
5
Modern Legal System in Australia
Basis of the Legal System
History of the Development of the Legal System
Court Structure and Process
Particular Cultural Influences on the Legal System
CONTENTS
6
Business Law
7
Legislation Impacting International Companies
8
Key Rules Surrounding Contracts
9
Intellectual Property
10
Employment Law
11
Key Legal risks
DEGREE FOR COLLEGE
Modern Legal System in Australia
Australia's legal system is founded on a federal structure, combining federal and state/territory laws within a constitutional monarchy. The separation of powers among the executive, legislative, and judicial branches is a key feature, preventing the concentration of power in one entity. The Australian Constitution, effective from 1901, establishes the federal structure and outlines the distribution of powers between the federal government and states/territories. The legal system is a blend of common law principles inherited from the English tradition and statutory laws that cover a broad spectrum, including criminal law, family law, and contracts.
Common Law
High Court: The supreme court in Australia. Final court of appeal. Seven Justices
Federal Courts: Below the High Court, dealing with federal matters.
State Supreme Courts: The highest courts in each state or territory, dealing with serious criminal offenses and substantial civil cases.
Intermediate Courts: Handle significant criminal and civil matters between Lower and Supreme courts
Lower Courts: First point of entry for most cases, handling minor offenses and civil matters.
Australian Court Hierarchy
High Court of Australia
State Supreme Courts (Supreme Court, Courts of Appeal)
Federal Court
Federal Circuit and Family Court
Intermediate Courts (County/District Courts)
Lower Courts (Local/Magistrates’ Courts)
Specialist Courts
Coroners Court
State/Territory Courts
Federal Courts
Thanks Sunny.
Just like Sunny mentioned, both Australia and Canada, being part of the Commonwealth, have carried over bits of the British legal system. We could say these two countries have more in common in legal systems than even the sports they like.
Just like Supreme Court of Canada, Australia has its own highest court – the High Court of Australia. It serves as the apex decision-makers and make the final calls on legal disputes. However, there are differences, in the number of justices: Canada's Supreme Court has nine justices, while Australia's High Court has seven. As for the case origin and selection, the Supreme Court of Canada mostly hears appeals from provincial court and selects cases of national importance. For Australia, the High Court hears appeals from state and territory supreme courts and also directly deals certain original jurisdiction cases, particularly those with important constitutional or legal principle implications.
Also, the Australian court hierarchy is divided into State and Federal levels. The Federal Court of Australia primarily handles cases involving federal laws, such as Corporate and Securities Law Cases, IP Law Cases, Taxation Law and other legal matters. Additionally, the Federal Circuit and Family Court is a specialized court dealing with family law matters, such as divorce, child custody, and property division.
At the state level, first we need to know Australia's legal system has some differences among states and territories. Here, we're providing a broad example.
Lower Courts are the first point of entry for most legal cases. They handle smaller criminal cases, such as traffic violations, minor offenses and minor civil disputes. The money value of these cases is usually small. For example, in Western Australia, their local courts handle civil cases where the claims are up to $75,000. and for minor cases, its limit is $10,000. Additionally, within the local Courts, there are some Specialist and Other Courts that handle specific types of cases, like Children’s Courts, Drug Courts, and Coroners Courts.
Then the Intermediate Courts, such as County/District Courts, deal with more serious criminal cases, including theft and serious assault, as well as larger civil cases.
At the top of the State part is State Supreme Courts. These courts can function as appellate courts, hearing appeals from both local and intermediate courts. Also they handle the most serious criminal cases, like murder, and large civil cases.
History of Development
Late 18th Century – 1901
1901-1945
1960s – Present
Late 20th Century – Present
Federation and Early 20th Century Reforms
Globalization and International Law
Indigenous Rights, Landmark Cases, and Ongoing Reforms
Colonial Period to Federation
Common Steps in Litigation in Australia
Preliminary Consultation
Commencement of Proceedings
Service of Documents
Filing of Defences
Discovery and Exchange of Evidence
Pre-trial Conferences
Trial
Judgment and Relief
Appeal
Enforcement
Precedent (Common Law): Decisions are often based on previous judgments.
Adversarial System: Parties present their cases for a judge or jury to decide.
Evidence Rules: Strict guidelines on what evidence can be presented.
Jury Trials: Common in criminal cases; less so in civil cases.
Appeal: Ensure that just outcomes are achieved.
Alternative Dispute Resolution (ADR): Mediation, Arbitration, conciliation…
When talking about the common steps in litigation in Australia, as we can see in the slides, the process is similar to that in Canada, including stages such as initiating a lawsuit, filing a complaint, pleading, trial, and even appeal. The key rules that shape this process are heavily influenced by the British legal system, the common law tradition, the adversarial system, evidence rules and others. and, both appeal and ADR have significant influnces in the legal systems of both countries. Appeals are there to make sure the law’s applied right and everything's fair. ADR, here offers a faster, more cost-effective, and less head-to-head way of dispute resolution. As we doing business in Australia, it's important to know how their courts work and to Know when to go through the formal legal stuff and when to take a shortcut with ADR to make a difference in protecting our company’s interests.
Common Law Tradition
Emphasize the role of judicial decisions and precedent.
Indigenous Cultural Influence
Emphasize community relationships and collective rights
Contract Law Specifics
Fairness and Reasonableness and Consumer Protection
Cultural Influences on the Legal System
Multicultural & Globalization
Respect different cultural norms and values
Environmental & Land Use Laws
Environmental Consciousness and Sustainable Practices
Regarding the cultural influences on the legal system, Australia and Canada share many similarities too. Both are members of the Commonwealth, indigenous populations, and they're both pretty young as being countries of immigrants. This means they share this Common Law Tradition where court decisions and past cases play a big rule in how laws are interpreted. In recent years, Australia has more focus on indigenous laws and customs. Indigenous culture is all about community and collective rights, and we can find out in environmental and land use laws. It's more about looking after the environment and community, not just business interests. As an immigrant country, various cultural perspectives can influence legal systems as well, The legal system is always adapting to make sure it respects these diverse cultural norms and values. When it comes to business, Australian contract law really stresses fairness and being reasonable. like, in consumer rights protection, there are strong consumer protection laws, to make sure contracts aren't unfair or too one-sided. Finally, as a country with unique natural resources, Australia places a big emphasis on protecting the environment and biodiversity, which you can see in their environmental laws. It's all about sustainable and responsible use of land, balancing development with keeping nature safe.
Understanding the Australian legal system requires not just an understanding of its legal principles but also the cultural in it. For companies like ABC Manufacturing to enter the Australian market, this understanding is important in signing contract, business negotiations, and ensuring compliance with local laws and regulations.
Australia's legal system is based on Common Law, featuring a federal structure, a parliamentary system, and a judiciary led by the High Court.
Legal System Type: Australia follows a Common Law system inherited from its British roots.
Significance for International Businesses: Understanding Australia's legal framework is crucial for international businesses to ensure compliance, navigate contractual obligations, and address disputes within the Common Law system.
Australian Legal System
Impact of Constitution on Business Law: The Australian Constitution significantly influences business law by establishing the federal structure, delineating powers, and shaping the legal framework for commerce and trade.
Role of Australian Constitution: The Constitution outlines federal and state powers, impacting business-related laws, including trade and commerce regulation.
Examples of Constitutional Provisions: Section 92, ensuring the free trade of goods among states, and Section 51(xx) granting federal power over corporations, are examples of constitutional provisions shaping business practices in Australia.
Constitution and Business Law in Australia
Key legislation impacting international companies in Australia includes the Corporations Act, Competition and Consumer Act, Foreign Acquisitions and Takeovers Act, and taxation laws.
Specific laws that may affect ABC Manufacturing Company:
Foreign Acquisitions and Takeovers Act 1975: Regulates foreign investments in Australia.
Competition and Consumer Act 2010: Addresses competition, consumer protection, and fair trading.
Corporations Act 2001: Governs the registration and operation of companies.
Workplace Relations Act 1996:
Covers employment and industrial relations.
Intellectual Property Laws: Various acts protecting
intellectual property rights.
Key Legislation for International Companies in Australia
ABC Manufacturing Company may encounter legal challenges related to employment laws, environmental regulations, and compliance with product standards in Australia.
Compliance considerations involve adherence to Australian labor laws, environmental regulations, and product safety standards to ensure legal conformity and avoid penalties.
Cultural considerations include respecting Australian business etiquette, fostering transparent communication, and building relationships, which is essential for positive and effective legal engagements.
Legal Challenges and Considerations in Australia
Australia offers a robust legal support infrastructure, with numerous law firms, legal consultants, and government resources available.
Notable law firms in Australia include Clayton Utz, Minter Ellison, and Herbert Smith Freehills, while legal resources such as the Australian Government Solicitor provide assistance to companies like ABC Manufacturing.
Obtaining legal counsel is crucial for ABC Manufacturing to navigate the intricacies of the Australian legal system, ensuring compliance and effective resolution of legal matters.
Legal Support and Resources in Australia
Understanding Contract Law in Australia
Contract Formation According to ACCC
A legally binding contract is typically created when an offer made by a seller is accepted by a buyer, either in writing, verbally, or through actions that demonstrate consent, such as making a payment or clicking 'I agree' on a website.
Legal Intention
Contracts are expected to be legally binding, indicating an intention to create a legal relationship.
Consent
Must be given freely, without force or pressure, aligning with the principle of freely given consent.
Capacity to Contract
Inferred as a requirement, given that contracts are legally enforceable agreements overseen by the ACCC.
Consideration
An implied element in contract formation, where an exchange of value is expected.
.
Duty of Good Faith
Implied through the need for fairness and the prohibition of unfair terms in contracts.
ACCC and Unfair Contract Terms: Terms and Conditions Clarity: Contracts must have clear terms outlining party rights and responsibilities. Unfair Terms Protection: Protection against non-negotiable unfair terms in standard-form contracts. Legislation Updates as of 9 November 2023: Ban on Unfair Terms: Prohibition of unfair terms in standard form contracts. Penalties for Breach: Introduction of penalties for using unfair contract terms. Broader Small Business Coverage: Inclusion of more businesses under protection based on size and turnover. Exceptions and Provisions: Unfair Contract Terms Law Exclusions: Does not cover terms set by law, upfront costs, main contract subject, company constitutions, or sea shipping contracts. Small Business Definition Expansion: Criteria for small business protections now include those with up to 100 employees or less than $10 million turnover.
Competition & Consumer Laws
The ACL protects consumer rights and ensures competitive markets, enforced by the ACCC.
Financial Regulations
The Corporations Act 2001, overseen by ASIC, provides a foundation for financial market transparency and fairness.
Product Liability Regulations
Emphasized by the Competition and Consumer Act 2010, these laws offer consumer safety against defective products.
Critical Legal Directives for International Commerce in Australia
Environmental Protection Legislation
The Environment Protection and Biodiversity Conservation Act 1999 commits to ecological preservation, administered by the Department of Agriculture, Water and the Environment.is
The Corporations Act 2001, overseen by ASIC, provides a foundation for financial market transparency and fairness.
Product Liability Regulations
Positive Influences:
FDI Support: Tailored assistance from state and territory agencies.
Fiscal Support: Various government-funded grants available.
Workforce Development: Government programs aiding in employment.
Trade Enhancement: Assistance programs to boost exports.
Innovation Funding: Tax incentives for research and development.
Geographical Advantages: Benefit from strategic geographic positioning.
Demographic Trend: Rapid population growth contributing to market expansio
Negative Influences:
Health Emergencies: Risks associated with pandemic events.
Legislative Shifts: The impact of changing legal frameworks.
Digital Security Threats: The prevalence of cybercrime, ranking third globally.
Environmental Risks: Potential disruptions from natural disasters.
Dynamics Affecting International Business in Australia
Competitive Dynamics: In the era of globalization, businesses strive to gain a competitive edge. This pursuit often involves leveraging unique market aspects to attract and maintain a customer base, thereby boosting profitability.
Value of IP: Intellectual Property (IP) is a critical asset for gaining marketplace leverage. Ensuring the security of your IP is essential; without protection, competitors may replicate your innovations, diverting your customers and diminishing your revenue.
Essence of IP: Intellectual Property represents unique mental creations, including inventions, brand names, designs, and original ideas. It is essential to comprehend the various IP protection mechanisms that can benefit your enterprise.
IP Defined: Intellectual Property is a broad term that covers all outputs of the human intellect that are distinct to an individual or business. It spans a spectrum of rights derived from statutory and common law.
Understanding Intellectual Property
Central Concept: At the heart of innovation and creativity lies Intellectual Property (IP), a key asset for businesses and individuals alike.
IP Categories:
Copyright: Protects original works of authorship, including literary, musical, and artistic works.
Trademarks: Secures brand identity through distinctive signs, logos, and names.
Patents: Grants exclusive rights to inventors for new and useful inventions.
Designs: Safeguards the unique visual appearance or aesthetics of products.
Confidential Information: Includes trade secrets and business information that is not publicly known.
Plant Breeders' Rights: Provides exclusive control over new varieties of plants.
Circuit Layouts: Protects the design of integrated circuits and computer chips.
Geographical Indications: Identifies goods as originating from a specific place with qualities or reputation attributable to that location.
Passing Off: Prevents misrepresentation that causes damage to the goodwill of a business.
Australian Intellectual Property Laws protect the creations of the mind and provide a framework for securing economic benefits from innovation.
Components of Australian Intellectual Property
Australian IP Framework: A robust legal structure that fosters innovation and secures business assets.
Core Components of IP:
Patents: Protects novel inventions, granting exclusive rights to the inventor.
Trademarks: Secures brand identity through distinctive signs and logos.
Domain Names: Establishes a unique digital presence for business identity.
Registered Designs: Protects the visual design of objects that have an industrial or commercial use.
Copyright: Safeguards original works of authorship, such as literary and artistic works.
Encouraging Business Innovation: IP laws incentivize the development of unique business assets for a competitive edge.
International IP Agreements: Australia's commitment to global IP protocols ensures the protection of intellectual assets across borders.
IP Australia's Role: The government body that administers IP rights and legislation, providing information on registration and utilization.
Facets of Australian Intellectual Property
Diverse IP Rights:
Plant Breeder's Rights: Protecting new plant varieties.
Circuit Layout Rights: Securing the designs of integrated circuits.
IP Varieties: Acknowledging various other unclassified IP forms.
Goodwill: The value of a business's reputation.
Licensing: Permitting the use of IP in exchange for compensation.
IP Protection Strategies:
Insurance: A practical method to shield IP from potential theft.
Brand Synergy: Aligning IP strategy with brand enhancement efforts.
Legal Precedents: Consideration of court decisions narrowing the scope of "personal information" protection.
Data Privacy: Understanding the limitations of data privacy laws in safeguarding IP-related data, as per Australian court rulings.
Safeguarding Australian Intellectual Property
CRIMINAL JUSTICE DEGREE FOR COLLEGE
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CRIMINAL JUSTICE
DEGREE FOR COLLEGE
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CRIMINAL JUSTICE
DEGREE FOR COLLEGE
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LAW ENFORCEMENT AND JUSTICE ADMINISTRATION
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SOFIA HILL
TIMMY JIMMY
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OUR TEAM
JENNA DOE
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CRIMINAL JUSTICE
DEGREE FOR COLLEGE
THANKS
Do you have any questions? [email protected]
+91 620 421 838 yourcompany.com
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DEGREE FOR COLLEGE
CRIMINAL JUSTICE
Thank you!
CRIMINAL JUSTICE
DEGREE FOR COLLEGE
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ARGENTINA
Table of Content
Overview & History& Basis of law system
Court Structure & Culture Influence
Impact of Business Law & Impact of International Companies
Contract Rules & Protection of Intellectual Property (IP)
Employment Law & Overview of Key Legal Risk
OVERVIEW
-federal country
-federal and provincial courts
-9 federal Supreme Court judges
-federal courts appeal in Buenos Aires & and other large cities
-“inefficient and open to political influence, despite recent reforms.”
HISTORY
1853- national (federal) Constitution was adopted
1994- last amendement
1990s-Reforms
1993-prison ombudsman
-Civil law system
Hierarchy of federal law
BASIS OF THE LEGAL SYSTEM
Dual judicial system with Federal and Provincial courts
Federal: focus on disputes related to maritime, aviation, intellectual property and transport disputes across different jurisdictions
Provincial: cover diverse areas of law in each province, including ordinary commercial disputes, civil and criminal matters
COURT STRUCTURE
| Federal | Provincial |
| Supreme Court of Argentina | Provincial Supreme Courts |
| Federal Courts of Appeals | Provincial Courts of Appeals |
| Federal Trial Courts | Provincial Courts of First Instance |
| The justice of the peace | The justice of the peace | The justice of the peace |
COURT STRUCTURE
| Introductory stage | Pre-trial mediation proceeding Filing of the complaint with the court 15 working days for defendant to reply and defend with supporting documents and evidences Preliminary proceedings by the court |
| Evidence stage | First hearing scheduled by the court Declaration of the case as a matter of legal interpretation by the court Written closing arguments submitted by both parties |
| Ruling stage | Final decision by court |
| Appeal stage | Appeals to provincial courts of appeal or supreme courts |
| Enforcement stage | Enforcement proceedings for any non-compliance of the judgement |
LITIGATION PROCESS
Codified legal system derived from ancient Roman Empire, which impacted most Western Europe countries
National and official language in Spanish based on its colonized history
Predominant religion is Catholicism and give rise to privileged status of catholic church
Diverse religious communities as a result of past immigration waves has fostered legislation focus on anti-discrimination and equality in human rights
Collective culture values social relationship and personal commitments, yet, detailed and lengthy written contracts retain an importance in formality and legal binding force
CULTURAL INFLUENCES
Protection of Property Rights
This protection is essential for businesses, as it establishes a legal basis for ownership and contract enforcement, as well as the fundamental principles of business law.
Equal Protection and Non-Discrimination
This principle will extend to business law, ensuring that businesses and individuals are treated fairly and equally before the law.
Economic Rights and Freedoms
This law laid the foundation for a legal and free environment for the establishment of business law.
Regulation of Commerce
It will be possible to formulate laws affecting business activities across regions and borders.
IMPACT OF BUSINESS LAW
IMPACT OF INTERNATIONAL COMPANIES
The Companies Law governs the establishment, operation, and dissolution of companies in Argentina.
01
It includes regulations related to import and export procedures, customs duties, and foreign exchange controls.
02
It covers issues such as working hours, wages, termination of employment, and employee benefits.
03
Argentina's tax system is regulated by the Tax Code, which establishes the rules for corporate income tax, value-added tax (VAT), and other taxes.
04
：COMPANIES LAW
：FOREIGN TRADE AND EXCHANGE LAW
：LABOR CONTRACT LAW
：TAX LAW
Code
Civil and Commercial Code
Contract Formation
Freedom of form (Oral or written, electronic contract)
Foreign language
No registration is required
Mandatory clauses
Consent of the parties, good faith, a valid object, a valid cause and the required form
CONTRACT RULES
Validity of Contract
Offer, acceptance and consideration
Formalities
Can be held invalid such as lacking capacity
Remedies for Breach
The innocent party may seek remedies
Dispute resolution clauses in contracts
Code
Intellectual Property Law
Copyright
Covers various forms (books, music, films, software & visual arts etc.)
Lifetime plus 70 years.
No substantial examination
PROTECTION OF INTELLECTUAL PROPERTY
Trademarks
The National Institute of Industrial Property (INPI)
Lasts for 10 years
Distinctive character
National territory protection
Patents &Industrial Designs
INPI is responsible
Patents: 20 years
Industrial designs: 10 years
Trade Secrets
Against unlawful use
No registration
Enforcement of IP
Civil and criminal actions
Generally slow
EMPLOYMENT LAW
Employment Contracts
Minimum Wage and Working Hours
Leaves and Vacations
Termination and Severance
Collective Bargaining and Unions
Employment of Minors
Contract Types: Fixed Term and Indefinite contracts
Trial Periods: 3 months
Severance Pay based on length of service
Between 1 to 3 months' salary per year of service.
27,000 Argentine pesos per month
48 hours: 8 hours/day over 6 days/week.
Annual Leave
Sick Leave
Maternity and Paternity Leave
~35% of Argentina's workforce is unionized
Regulations prohibit employing minors under 16 years of age
Restrictions on hours/ type of work permitted for 16 to 18 year olds.
OVERVIEW OF THE KEY LEGAL RISKS
Economic and Political Instability
Regulatory Environment
Contractual and Commercial Risks
Labor Laws and Employment
Corruption and Compliance
International Trade
Currency Fluctuations
Policy Changes
Stringent Labor Regulations
Union Activity
Complex Tax System
Bureaucracy
Enforcement of Contracts
Business Disputes
Corruption and bribery issues
Compliance Challenges
Trade Restrictions: Shifting trade policies, tariffs, and import/export regulations
THANK YOU
Office of International Religious Freedom. (2022). 2022 Report on International Religious Freedom: Argentina. https://www.state.gov/reports/2022-report-on-international-religious-freedom/argentina/
Delatour and Rabasa. (2022). Litigation and Enforcement in Argentina: Overview. https://ca.practicallaw.thomsonreuters.com/7-519-1010?transitionType=Default&contextData=(sc.Default)&firstPage=true
The Foundation of the International Association of Defense Counsel. (2014). Survey of International Litigation Procedures: A Reference Guide. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.iadclaw.org/assets/1/7/SILP_Argentina.pdf
Encyclopedia of the Nations. (N.D.). Argentina – Judicial system. https://www.nationsencyclopedia.com/Americas/Argentina-JUDICIAL-SYSTEM.html
Katz. (2017). Negotiating International Business – The Negotiator’s Reference Guide to 50 Countries Around the World. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.leadershipcrossroads.com/mat/cou/Argentina.pdf
Garro, A. M. (2007). Judicial Review of Constitutionality in Argentina: Background Notes and Constitutional Provisions Notes and Constitutional Provisions. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://dsc.duq.edu/cgi/viewcontent.cgi?article=3559&context=dlr
REFERENCES
Hernandez, A. M. (N.D.) Judicial Federalism And The Protection Of Fundamental Rights In Argentina. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.acaderc.org.ar/wp-content/blogs.dir/55/files/sites/55/2021/11/JudicialfederalismFundamentalrights.pdf
Argentina 1853 (reinst. 1983, rev. 1994) Constitution – Constitute. (n.d.). https://www.constituteproject.org/constitution/Argentina_1994
Abdelal, Rawi, Amy C. Edmondson, Felix Oberholzer-Gee, Gustavo A. Herrero, and Regina Garcia-Cuellar. "Doing Business in Argentina." Harvard Business School Case 713-425, September 2012. (Revised September 2015.
REFERENCES
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Indonesian legal System
Overview of Legal System in Indonesian
The legal system primarily derived from Dutch civil law in the colonial era
It also integrates customary and Islamic law traditions and norms
The court system includes general, religious, military, administrative, and constitutional courts
The Supreme Court is the highest judicial institution overseeing the court system
Core principles are the rule of law, due process, the presumption of innocence
Law enforcement hindered by bureaucratic inefficiency and corruption
Basis of Legal Framework
Framework originates from Dutch civil law imposed during the colonial period
Influenced by customary rules and Islamic law for Muslim citizens
Commercial legal codes established governing business activities
Contract law principles allow parties the freedom to structure agreements
Intellectual property laws exist, but practical enforcement is feeble
Highly complex legal and regulatory framework across all levels of government
Court Structure
General courts adjudicate civil, criminal, and bankruptcy cases
Religious courts have authority over family, marriage, and inheritance disputes involving Muslims
Administrative courts resolve lawsuits regarding government agencies and tax issues
Military courts involve claims and disputes related to military personnel
Supreme Court sits atop the judicial system with oversight authority
Effective law enforcement is hindered by bureaucratic delays, case backlogs, and corruption
Key Legal Risks and Considerations
Highly complex regulatory framework across national, provincial, and local governmental levels
Overlapping or contradictory laws and regulations are commonplace
Business licensing and approvals are often lengthy, difficult, and costly processes
Intellectual property rights and laws exist, but practical enforcement is feeble
Commercial disputes are frequently settled out of court due to severe court delays
Corruption remains an endemic issue throughout legal institutions and society
Cultural Influences on Legal Systems
Contract Perspectives
Contracts influenced by relational trust.
Emphasis on ongoing relationships over legal obligations.
Harmony and Community
"Gotong royong" influences dispute resolution.
Communal resolution over adversarial confrontation.
Impact of the Constitution on Business Law
Constitution Overview
Shapes fundamental legal principles for business.
Business Law Implications
Guarantees rights impacting business (e.g., property rights, economic principles).
Regulatory Framework
Governs foreign investment and business operations.
Key Pieces of Legislation Impacting International Companies
Omnibus Law (Law No. 11 of 2020): Significant regulatory changes in technology and telecommunication sectors.
Government Regulation No. 46 of 2021: Targets foreign entities conducting business via the Internet.
Presidential Regulation No. 10 of 2021 (Priority List): Liberalizes business lines for foreign investment.
E-commerce and Private Electronic System Operator Regulations: Requirements for offshore e-commerce operators.
Regulation on Offshore Business Entities: Targets offshore companies for tax, data privacy, and customer services.
Key Rules Surrounding Contracts in Indonesia
Language Law (Law Number 24 of 2009): Contracts must be drafted in Bahasa Indonesia.
Bilingual Contract Requirement: Advised to prepare contracts in both Bahasa Indonesia and a foreign language.
What is intellectual property (IP)?
A company, business, or individual may own a wide variety of intangible assets collectively referred to as intellectual property. These assets can provide numerous advantages to a corporation and are essential for protection from competition. Various forms of intellectual property exist that can be legally protected to prevent illegal or unauthorised use.
Intellectual Property Protection in Indonesia
Copyright Protection: Covers original works of authorship without the need for registration.
Patents: Covers inventions, utility models, and industrial designs, with registration required for protection up to 20 years.
Enforcement: Strengthened efforts through specialized courts, increased cooperation with law enforcement agencies.
International Agreements: Indonesia is a member of WIPO, WTO, and TRIPS.
Trademarks: Protects trademarks, service marks, and geographical indications for 10 years, renewable.
Employment Law in Indonesia Differs From Other Countries in Several Ways
Indonesia has a minimum wage for each province, city, and regency. Region-specific minimum wages are updated annually.
Labor Law
The Labour Law (Law No. 13 of 2003) governs employment in Indonesia. Employers and employees have rights and responsibilities under this law.
Employment Contracts
Fixed-term or indefinite employment contracts are available in Indonesia. Projects and temporary jobs usually have fixed-term contracts, while permanent roles usually have indefinite contracts.
Minimum Wage
Indonesians work 40 hours a week, usually over five days. Work overtime can be paid according to the job contract or current rules.
Working Hours
Employment Law in Indonesia Differs From Other Countries in Several ways.
In Indonesia, hiring foreigners requires work permits and visas. Compliance with immigration laws and Indonesian company sponsorship are required.
Types of Leave
Indonesian employment legislation allows yearly, maternity, marriage, funeral, and sick leave. Labour regulations set leave days and entitlements for each category.
Termination and Severance
Employment of Foreign Nationals
The Indonesian labour legislation allows employer-union collective bargaining. Worker unions can negotiate salaries, working conditions, and other employment issues.
Collective Bargaining
In Indonesia, termination of employment must follow Labour Law procedures. Employees might be fired for poor performance, misconduct, or redundancy. Severance pay is usually required for long-term employees.
Key Legal Risks When Doing Business With Indonesia
Regulatory Environment
Complex Legal Framework: Indonesia has a multi-layered legal system influenced by Dutch civil law, customary law, and Islamic law in some regions, which can complicate business operations.
Changing Regulations: The Indonesian government frequently revises laws and regulations, which can affect foreign businesses.
Key Legal Risks When Doing Business With Indonesia
Contract Law
Contractual Ambiguities: Differences in legal interpretation can lead to disputes. Contracts need to be clear, detailed, and specifically tailored to Indonesian law.
Enforcement of Contracts: Enforcing contracts through the Indonesian court system can be slow and unpredictable.
References
Crouch, M. (2022). Constitutional Democracy in Indonesia. Oxford University Press.
Mahaputra, M. R., & Saputra, F. (2021). Application of Business Ethics and Business Law on Economic Democracy that Impacts Business Sustainability. Journal of Law, Politic and Humanities, 1(3), 115–125. https://www.dinastires.org/JLPH/article/view/56
Muryanto, Y. T., Kharisma, D. B., & Ciptorukmi Nugraheni, A. S. (2021). Prospects and challenges of Islamic fintech in Indonesia: a legal viewpoint. International Journal of Law and Management, 64(2), 239–252. https://doi.org/10.1108/ijlma-07-2021-0162
Butt, S., & Lindsey, T. (2018). The Judicial System. In Oxford University Press eBooks. Oxford Academic Publish journals with us. https://doi.org/10.1093/oso/9780199677740.003.0004
Hamzah, H., Narang, A., & Yusari, A. (2021). EliScholar -A Digital Platform for Scholarly Publishing at Yale EliScholar -A Digital Platform for Scholarly Publishing at Yale YPFS Documents (Series 1) Browse by Media Type Legal systems in Indonesia: overview Legal systems in Indonesia: overview. https://elischolar.library.yale.edu/cgi/viewcontent.cgi?article=12599&context=ypfs-documents
Wardhani, L. T. A. L., Noho, M. D. H., & Natalis, A. (2022). The adoption of various legal systems in Indonesia: an effort to initiate the prismatic Mixed Legal Systems. Cogent Social Sciences, 8(1). https://doi.org/10.1080/23311886.2022.2104710
References
Global Compliance News. (n.d.). Indonesia: Building Up Regulations to Support Digital Economy. Retrieved December 5, 2023, from https://www.globalcompliancenews.com
UK P&I Club. (n.d.). Contracts in Indonesia. Retrieved December 5, 2023, from https://www.ukpandi.com
HKTDC Research. (2018, January 9). Intellectual Property Protection in Indonesia. https://research.hktdc.com/en/article/MzUzNTYzMzE4
Oliver, W. (2019). Indonesia – Justice. In Encyclopædia Britannica. https://www.britannica.com/place/Indonesia/Justice
Wardhani, L. T. A. L., Noho, M. D. H., & Natalis, A. (2022). The adoption of various legal systems in Indonesia: an effort to initiate the prismatic Mixed Legal Systems. Cogent Social Sciences, 8(1). https://doi.org/10.1080/23311886.2022.2104710
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Global Legal Systems
Malaysia
Table of Contents
Introduction
Court System &
Cultural Impact
Constitution business law & Key pieces of legislation
Employment Laws & Legal Risks
01
02
03
05
Contracts &
Intellectual property
04
Introduction
01
Overview of the Modern Legal System of Malaysia
With components of both Islamic and civil law, Malaysia is governed by two separate legal systems.
The Federal Constitution, which outlines the respective authorities of the federal and state governments, forms the cornerstone of Malaysian law.
The Federal Court is at the top of the legal system, followed by the High Court and the Court of Appeal.
Malaysia's dual legal system, encompassing civil and Sharia (Islamic) laws, is one of its unique features.
Based on the English legal system, civil law handles cases involving contracts, torts, and business transactions.
For Muslims, personal and family concerns are governed by the Sharia legal system.
The Basis of the Legal System
The law in Malaysia blends civil law principles with the common law. The legal system takes its cues from Roman-Dutch civil law, which has in turn been influenced by written laws and statutes.
Malaysia's unique legal framework achieved through integrating customary, secular and other different religious laws.
Many people in Malaysia do practice Islam as their religion and this is guided by robust Islamic principles.
Important pillars of Malaysian society such as family law, immigration and criminal offenses. Often, there is concurrence when it comes to implementing Malaysia’s dual legal system structure.
In this scenario, two court arrangements that is religious laws and secular cases are undertaken. It is important to note that these two have autonomous authority.
Importantly, religious laws are more superior and therefore it has jurisdiction over issues such as family cases that involve Muslims. A good example of this is that of child custody and divorce.
Integrated approach does allow for contract interpretation and enforcement through adaptability.
To guarantee that there is a balance between principles and customary ideals, then different opinions are involved.
History of the Development of the Legal System in Malaysia
18th – 20th century
Malaysia's legal system has been tremendously influenced by British colonial control, which began in the 18th century and continued into the 20th.
1807
1957
By confirming the authority of English law throughout the British colonies, especially the Straits Settlements, which included areas that are now part of Malaysia, the Charter of Justice 1807 cemented the acceptance of English common law.
The Federal Constitution of Malaysia, which was ratified in 1957 and subsequently modified to accommodate the accession of new states, emerged as the ultimate legal framework in the nation.
Court System & Cultural Impact
02
Malaysian Court Hierarchy – Subordinate Courts
Court of First Instance
Magistrates Court: Handles less severe offenses and civil matters, and small claims procedures
First Class Magistrate: Listen to claims amounting up to RM100,000
Second Class Magistrate: Listen to claims amounting up to RM10,000
Sessions Court: Handles serious offenses and higher monetary claims that do not exceed RM1,000,000
With unlimited jurisdiction for cases involving motor-vehicle accidents
Malaysian Court Hierarchy – Superior Courts
Court of First Instance / Appellate Court
High Court: Original jurisdiction over serious offenses and major civil cases, with no limit to the value of claims. The jurisdiction is split between:
High Court of Malaya: Peninsula Malaysia
High Court of Sabah and Sarawak: East Malaysia
Pure Appellate Court
Court of Appeal: Every case is heard and disposed of by at least threeJudges. Final jurisdiction for cases which began in any subordinate court.
Federal Court: Highest Court in Malaysia with final appellate jurisdiction.
Special Court: Hears cases of offences or wrongdoing made by a ruler (King, Head of States)
Key Court Procedure in Malaysia
Writ of Summons
Initiates civil lawsuit
Specifies plaintiff's claims
Service of Writ
Defendant served within specified time
Appearance and Defence
Defendant responds with appearance and defence
Statement of Claim and Defence
Plaintiff files statement of claim
Defendant responds with statement of defence
Amendment of Pleadings
Court permission to amend pleadings
Discovery of Documents
Exchange of relevant documents
Interrogatories
Written questions seeking specific information
Trial
Presentation of evidence and legal arguments
Judgment / Appeal
Court issues decision based on evidence
Dissatisfied parties may appeal
Cultural Influences in Malaysia Legal System
Islamic Law (Syariah Law):
Malaysia has a dual legal system, where Islamic law coexists with civil law.
Islamic law is applied to Muslims in matters related to family law, religious offenses, and certain civil matters.
Customary and Indigenous Laws:
Indigenous communities in Malaysia often follow customary laws that are specific to their cultural traditions
Influence legal processes, especially in matters related to land and community affairs.
Constitution business law & Key pieces of legislation
03
Constitution and business law
The Constitution is the supreme law of Malaysia
Constitutional Equality and Non-Discrimination and the Judicial System are related to commercial activities.
In Article 8, except as expressly authorized by the Constitution, citizens shall not be discriminated against solely in the administration of any law relating to the acquisition, holding or disposition of property or the establishment or conduct of any trade, business, profession, occupation or employment.
Article 13. Rights to property. (1) No person shall be deprived of property save in accordance with law. (2) No law shall provide for the compulsory acquisition or use of property without adequate compensation.
Key pieces of legislation
Employment Act 1955,
Income Tax Act 1967,
Industrial Relations Act 1967, Customs Act 1967,
Personal Data Protection Act 2010
COMPETITION ACT 2010:
fair competition, confidentiality, litigation
Foreign Investment Committee:
FIC approves commercial operations
Companies Act 2016:
registration, regulation and dissolution
Contracts &
Intellectual property
04
Contract Laws in Malaysia
Common Law Influence
Malaysian contract law is influenced by Common Law, the foundation framework.
Contracts Act 1950
Primary legislation governing contracts in Malaysia
Valid Contract
An offer, Acceptance, Intention to create legal relations, and Consideration
Contract Laws in Malaysia
Consumer Protection
Consumer Protection Act 1999 for contractual dealings
Breach of Contract
Common remedies include damages, specific performance (carrying out the contract as agreed), and rescission
Influence of
Islamic Law
Influence business practices and contracts. e.g. Islamic banking and finance
Intellectual Property
Legal Framework: Copyright Act 1987, Patents Act 1983, Trademarks Act 2019, and Industrial Designs Act 1996
Copyright: Including literary, artistic, and musical compositions, as well as films
Trademark Registration and Protection: The Trademarks Act 2019 protect company with trademark registration, last for 10 years
Intellectual Property
Patent Protection: Protect innovators like high tech. 20-years protection
MyIPO: The national agency responsible for IP matters
Membership in International IP Treaties: Part of international IP treaties like WIPO, the Paris Convention, the Berne Convention, and TRIPS agreement
McDonald vs. McCurry
Issue: Trademark infringement (Mc!)
McDonald's argued McCurry's name violated its Intellectual Property rights
01
02
03
Time: 2001-2009.
The eight-year legal dispute
“The lawyer for McCurry, said the ruling means McDonald’s does not have a monopoly on the prefix “Mc”, and that other restaurants could also use it as long as they distinguish their food from McDonald’s”
McDonald’s loses McCurry battle
(Federal Court of Malaysia)
Employment Laws & Legal Risks
05
The legal aspects of employment in Malaysia are significantly different in comparison to the Canada
The aspect that is the most different is the termination practices and regulations
In comparison to the Canada the employment laws allow for employers to terminate their employees for any reason except illegal discrimination and other factors that may have a bad reputation on the firm.
The employment structure in Malaysia is more regulated, there must be certain types of justifiable reasons for termination.
Employers must adhere to notice periods or provide compensation in the case of termination to ensure protection of the employees (Doherty & Franca, 2020).
Legal system in Malaysia with respect to Employment laws
The legal framework in the Canada is the common law system, whereas the one in Malaysia is a combination of common law and Islamic law
With respect to Intellectual property laws Canada has strong enforcement and stringent laws, whereas in Malaysia its enforceability is variable and there are strengthened laws.
With respect to regulatory compliance Canada is decentralized and varies across states
This aspect differs from Malaysia as their regulatory compliance is complex and centralized with various regulations.
Lastly, the contractual agreements in the Canadian emphasize the freedom of a contract whereas in Malaysia there must be an alignment with local practices.
Significant differences in the Canadian Legal System and the Malaysian legal system
Specifics of Malaysian Employment Laws
The key components of Malaysian employment law is the employment act 1955, which regulates the terms and conditions of employment for workers who have been found to earn below a specified wage
The industrial relations act helps in outlining resolution mechanisms and collective bargaining rights
It is imperative to understand these regulations
In understanding these regulations would be able to understand the employment landscape in Malaysia
Broad legal risks of doing business in Malaysia
There are many factors to consider when doing business in Malaysia
The Malaysian legal system is inclusive of common law, statutory law and Islamic laws
This range of diversified legal framework contains both the types of opportunities and challenges for foreign companies like ABC Manufacturing
These type of complexities require a comprehensive and detailed understanding of the legal environment in Malaysia and compliance requirements with various regulations (Franck & Anderson, 2019).
Legal risks in Malaysia
There are many legal risks to consider when starting a business in Malaysia
There is the risk of enforcement variability and risk of infringement when it comes to IP protection
Coming to the aspect of regulatory compliance there are complex laws and penalties for failure of compliance
With respect to contractual agreements the risk is the alignment with local practices
Lastly, the political stability keeps changing which has an impact on the business environment.
Looking at the legal risks when expanding to Malaysia and how to tackle them briefly
For ABC manufacturing hiring a local legal counsel is beneficial as they are well versed with the laws of the country
Another aspect that ABC manufacturing must do is to carry out proper due diligence and must properly look into legal, regulatory, and compliance landscapes.
They must be able to create robust contracts that align with local practices
They must develop and implement compliance plans align with Malaysian laws
Lastly, there must an understanding of the countries legal system.
Binte Abdullah Sani, H. (2019). Elite Politics, Jurisdictional Conflicts and the Legacy of Colonial State Building in Malaysia. https://muse.jhu.edu/pub/126/article/777340/summary
Hale, C. (2023). A Brief History of Singapore and Malaysia: Multiculturalism and Prosperity: the Shared History of Two Southeast Asian Tigers. Tuttle Publishing.
Hamayotsu, K. (2018). the political origins of islamic courts in divided societies: the case of malaysia. Journal of Law and Religion, 33(2), 248-270.
Ismail, F., Chan, S. W., Bahrol, K. M., & Abdullah, M. F. (2019). Employment contract in Malaysia.
Kamarudin, M. K., NOR MUHAMAD, N. H., ALMA'AMUN, S., Abdullah, A. H., Saat, S., & Samurah, N. O. (2020). Inter vivos transfers based on affection for wealth distribution planning in Malaysia. The Journal of Asian Finance, Economics and Business, 7(4), 299-307. https://koreascience.kr/article/JAKO202014862061289.page
Powell, R. (2020). English in Asian Legal Systems. The Handbook of Asian Englishes, 863-886. https://doi.org/10.1002/9781118791882.ch38
Tew, Y. (2018). Malaysia's Invisible Constitution.
Zuliyah, S. (2021). Comparison of Indonesian and Malaysian Legal Systems in Rules, Traditions, and Community Behavior. Journal of Transcendental Law, 3(1), 15-29. https://doi.org/10.23917/jtl.v3i1.15169
Doherty, M., & Franca, V. (2020). Solving the ‘gig-saw’? Collective rights and platform work. Industrial Law Journal, 49(3), 352-376. https://doi.org/10.1093/indlaw/dwz026
Franck, A. K., & Anderson, J. T. (2019). The cost of legality: Navigating labour mobility and exploitation in Malaysia. International Quarterly for Asian Studies, 50(1-2), 19-38. https://doi.org/10.11588/iqas.2019.1-2.10288
References
Thanks
CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon, and infographics & images by Freepik.
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Legal system in Portugal
PORTUGAL
Navigating Portugal's Legal Landscape
ABC Manufacturing opening a factory in Portugal, CEO's concerns about the legal system.
Overview
| The modern legal system & the basis of the legal system | |
| The court structure and process | |
| The court structure, processes and Cultural influences on the legal system | |
| The impact of constitution and legislation on business law & Contract rules | |
| Intellectual property Protection and Employment law | |
| The key legal risks |
THE MODERN LEGAL SYSTEM IN PORTUGAL
Overview of Portugal's Legal System
Modern Legal System in Portugal:
Part of civil law legal systems based on Roman law
Main laws include Constitution (1976), Civil Code (1966), Penal Code (1982), Labor Code (2003), and Commercial Societies Code (1986).
Basis of the Legal System
Code-based Civil Law Justice System:
System based on civil law with written legislation as the main source.
Judges interpret and apply law; they cannot create law.
No rule of precedent exists in Portugal.
Influence of the Legal System
Global Impact of Portuguese Law:
Portuguese legal system influences legal systems of Portuguese Language Countries and former territories of the Portuguese Empire
Portuguese Legal System
Semi-presidential Republic:
Three independent branches: executive, legislative, judiciary.
President as head of state, prime minister leads the government
Bridge to Latin America, Europe, Asia, and Africa with strong cultural ties
Unique Geo-strategic Position
Portugal's Strategic Importance:
EU member since 1986, attracting foreign investment
Population of 10.3 million, over 20 million tourists yearly
Bridge to Latin America, Europe, Asia, and Africa with strong cultural ties
EU Membership and
Legal Influence
European union Influence on Portuguese Legal System:
Portugal's civil law system influenced by EU laws and treaties
Commercial laws substantial based on EU law.
Court structure
The Portuguese judiciary system is not unitary – four independent categories or orders of courts: Constitutional, Judicial, Administrative and Auditors.
Portugal's court system is organised in three different levels.
first instance courts
intermediate appellate courts
the Supreme Court, which is the final appeal court
Court structure
| Court | Jurisdiction | Key Responsibilities |
| Constitutional Court | Constitutional matters | Ensures constitutionality of law hears constitutional appeals. |
| Supreme Court of Justice | Civil and criminal cases | Highest court for civil and criminal cases. Hears appeals on points of law reviews decisions from lower courts. |
| Judicial Courts | Civil and criminal cases | Local Courts handle cases at the first instance District Courts handle appeals Supreme Court of Justice |
Court structure
| Court | Jurisdiction | Key Responsibilities |
| Supreme Administrative Court | Administrative and tax matters | Reviews decisions related to administrative and tax law |
| Court of Auditors | Auditing public accounts | Ensures proper use of public funds audits public accounts |
| Arbitration Courts | Alternative dispute resolution through arbitration | Resolves disputes through arbitration rather than traditional court proceedings |
Litigation procedures
| Introductory stage | Initial statement of claim to the court, usually through the e-justice platform (Citius) Service of Process Response to Pleadings -defendant to respond to a complaint in civil cases is determined by procedural rules, and it is typically 30 days case management conferences or pre-trial hearings conducted by court |
| Evidence stage | first trial day of legal proceedings is typically set by the court Preliminary Hearings – In certain criminal cases Presentation of Evidence |
| Ruling stage | Final decision by court |
| Appeal stage | Appeals to provincial courts of appeal or supreme courts |
Important and amazing idea!
Whether the legal system is influenced by a particular culture?
Legal systems are not enus has a bonly influenced by specific cultural perceptions, but also in turn influence and shape cultural perceptions and behavioral patterns.
For instance，People from different countries agree to sign a contract at the same time.
Law & Culture
The values, moral standards and social Xi of different cultural backgrounds in each country are reflected in their respective legal norms
Managerial and Supervisory Challenges
Portugal
Idealista, in 2023, Portugal will introduce a new tobacco law, introducing several important changes.
E-cigarettes and heated tobacco are treated the same as traditional cigarettes, while the sale of flavored tobacco is banned.
Non-smoking areas have also been expanded
Does the constitution of a particular country affect commercial law?
Portugal： National Interest VS EU Interest
Domestic legislation or other restrictions on freedoms
Free flow of goods , free movement of people , free provision of services ,free flow of capital
Member states are given as much freedom of choice as possible, measures that can be justified as long as they are in the interests of the EU are permitted except for express prohibitions
Key Legislation Impacting International Companies in Portugal
1. Corporate Law: Recent changes impacting how companies are governed and categorized.
2. Employment Contract Law: Adjustments in line with EU directives that influence employment agreements and worker protections.
WEST EUROPE
Faro
Key Legislation Impacting International Companies in Portugal
3. Taxation: Ensuring adherence to public country-by-country reporting for financial transparency.
4. ESG Factors: Shaping corporate strategies and operations.
5. Trade and Exchange Regulations: EU directives that have an impact on telecommunications, digital services, and competition regulations.
All About Portugal
Key Rules Surrounding Contracts in Portugal
1. Contract Creation: This involves the elements of making an offer, receiving acceptance, ensuring all parties have the legal capacity to enter into the contract, having a lawful purpose for the contract, obtaining mutual consent, and adhering to any relevant sector-specific regulations and EU directives.
2. Contract Legitimacy: This refers to the contract's compliance with both national and EU laws, as well as any industry-specific regulations.
Key Rules Surrounding Contracts in Portugal
3. Remedies for Breach: Specific performance, compensation, termination, influenced by national and EU legal frameworks.
4. Special Considerations: ESG factors, foreign trade, and labor laws in contract terms and enforcement.
Intellectual property protection
Portugal Intellectual Property Legal System
Constitution of the Portuguese Republic
All About Portugal
Learn more about!
Intellectual property protection
International organizations/agreements
Locarno Agreement Establishing an International Classification of Industrial Designs
Nairobi Treaty for the Protection of the Olympic Emblem
Patent Law Treaty
Singapore Trademark Law Treaty
Trademark Law Treaty
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Proceedings
Protocol Concerning the Madrid Agreement Concerning the International Registration of Marks
Brussels Convention on the transmission of program signals transmitted by satellite
Patent Cooperation Treaty (PCT)
Strasbourg Agreement on International Patent Classification
Convention Establishing the World Intellectual Property Organization
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
Nice Agreement on the International Classification of Goods and Services for the Purpose of Registration of Trademarks
Berne Convention for the Protection of Literary and Artistic Works
Madrid Agreement on the International Registration of Marks
Madrid Agreement against False or Deceptive Marking of the Origin of Goods
Paris Convention for the Protection of Industrial Property
All About Portugal
Intellectual property protection
The Labour Code of Portugal obligates employees to be loyal to their employers.
Article 195 of the Criminal Code imposes a prison sentence of up to one year or a fine of up to 240 days for those who reveal a secret that they become aware of through their condition, employment, office, profession, or art.
Article 196 of the Criminal Code imposes up to a year imprisonment or a fine of up to 240 days for those who take advantage of a secret relating to the professional, industrial, commercial, or artistic activity of another person or business without consent and, by doing so, damages them.
The Industrial Property Code (IP Code) of Portugal includes the protection of undisclosed know-how and confidential business information from unlawful acquisition, use, and disclosure.
All About Portugal
Intellectual property protection
3 types of intellectual property rights exist to protect:
Inventions (e.g. patents, supplementary a. protection certificates, rights in trade secrets, confidential information and/or know-how)
Brands (e.g. trade marks, cause of action b. in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guaranteed);
Other creations, technology and c. proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how).
All About Portugal
Employment law
Employment relationships in Portugal are governed by several sources
International sources:
(i) international conventions ratified by Portugal (not by Portuguese legislation);
(ii) EU legislation;
Local law, notably the Labour Code (approved by Law no. 7/2009, from 12 February);
Collective bargaining agreements (“CBAs”); and
Repeated labour practices not contrary to good faith.
All About Portugal
Employment law
A maximum normal working period is typically 40 hours per week.
A minimum rest period of 11 consecutive hours in every 24 hours, popularly called the rest period.
A minimum of 22 vacation days each year, part of the employee benefits.
Additional compensation for overtime work.
All About Portugal
Employment law
Employment Contracts
Term employment contracts;
Employment contracts with foreign employees (depending on the country);
Multiple employer employment contracts;
Part-time employment contracts; and
Management employment contracts.
All About Portugal
The key risks
Contract Risks
Employment Risks
Wow!
Tax Compliance
Employment Risks
Working hours 40 hours per week
11 hours rest in 24 hours
1 full day rest per week
2 days vacation per month
22 days a year a year(First year 20 days)
Maximum over time work hour 2 hours per day
(First hour 150% wage, Second hour 175% wage)
10PM to 7AM is Night shift time. (125% wage)
Annual leave allowance and Christmas leave allowance （1 monthly wage）
Contract Risks
significant freedom to negotiate terms
(must adhere to mandatory legal provisions.)
Consumer protection terms need to be included
Determine the jurisdiction is also important.
Arbitration Agreements
Alternative Dispute Resolution (ADR)
Tax Compliance
Tax laws are complex and frequently updated
Arm's Length Principle
Portuguese and international tax law
Double Taxation Agreements
Risk of Audits
Penalties for Non-Compliance
Don’t forget the Tax.
Thank you!
