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QuestionSep 19, 2021 - 7:42

Whats the difference between US primary and secondary sanctions and how do I

Whats the difference between US primary and secondary sanctions and how do I recognise whether am I encompassed by which one? It seems that what is preventing international companies from trading with Iranian partners, is the notion of "secondary sanctions". However, there is a sort of primary sanctions, through which Iranian persons are also being imposed to the US sanctions. What is the difference between primary and secondary sanctions and which limitations to international business entities are imposed by which one?

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Offer to interested parties

Hello Everyone, I'm doing Legal Data Entry Job for the parties interested to outsource Legal Data Entry. Hence interested parties may send further details. Thanking you

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QuestionSep 1, 2021 - 5:58

The advertising and distribution of Medical Products in the UAE

The UAE is defined in its constitution as an independent, sovereign, federal state and is referred to thereunder as the ‘Union’. The constitution consists of four (4) parts and ten (10) chapters. To adequately separate the functions between each Emirate and the Union as a whole, the constitution does broadly distinguish between three (3) matters: 1.1 the exclusive Jurisdiction to the Union to issue legislation and to issue executive directive(s) (Category 1); 1.2 the exclusive Jurisdiction to the Union to issue legislating however, each emirate may issue its own implementing (executive) regulations (Category 2); and 1.3 matters that not assigned to the Union, in that case each Emirate is free to issue laws and also implement (Category 3). Accordingly, public health, medical services and UAE media-related matters fall under Category 1. Medical Products in the UAE Article 1 of the Federal Law no. 8 of 2019 on Medical Products, the Profession of Pharmacy and Pharmaceutical Facilities (“Medical Law”) defines the Medical Product as every Medicinal Product (drugs) or Medical Device or Healthcare Product (“Medical Product”). The Medical Law further defines the Medical Device as a medical product that contains any element, instrument, tool, machine, appliance, implant, in vitro reagent, calibrator or a system, including its accessories and operating software, which achieves the intended purpose to be applied in or on humans or animals, without pharmacological, immunological or metabolic effect, and which is manufactured, sold or offered in the following cases (the “Medical Device”): Diagnosis, treatment, cure, relief, monitoring or prevention of illness, injury or disability. Diagnosis, treatment, relief or compensation for anatomical position. Pregnancy control. As a Federal body, the Ministry of Health and Prevention (“MOHAP”) controls the distribution and importation of Medical Products in the UAE and regulates the same in all the Emirates. According to the governing laws and regulations, all Medical Products must be registered and licensed, whether including those registered in other jurisdictions, in order for the MOHAP to be aware of and has ensured that all medical devices which are available to be used and sold in the UAE are safe. The only exception to the above requirement is if a Medical Product is required in an emergency or on short notice, in which case only a health authority or hospital is permitted to order the device(s), and they must complete some formalities. Also, only Medical Products listed as permitted can be imported into the UAE. Therefore, a company wishes to enter the Emirati’s market have two options to import and sell medical devices into the UAE: First Option is to establish a trading company in one of the Emirates and appoint a distributor for the distribution of the products in the UAE. In such a case, it’s worth noting that the recent amendment of the commercial and industrial activities in the Emirate of Dubai, through Dubai Economic Development Department (mainland), allowed 100% foreign ownership of a company holding the following trading and manufacturing activities: Medical, Surgical Articles & Requisites Trading; Medical, Surgical Equipment & Instruments Trading; and Medical and Surgical Devices Manufacturing. However, the above activities are tied to the approval of the MOHAP. Depending on the company’s objectives, it may be worth to consider this option for a company entering the market for the first time, as different contractual legal arrangements can be done in this regard to protect the company’s interest and business. Also, such an option may save costs, labor liabilities, approvals and licensing process, warehouse, scientific office, and other essential requirements of MOHAP. If a company decides to explore this option, it is possible to get a preliminary approval (and reserve the name for such a company), pending an approval from the MOHAP. This preliminary approval and name reservation may last for up to six months. Depending on the company’s objectives, another alterative for this arrangement would be to establish an entity in a free zone. In this case, the company may be able to get a license (with 100% ownership) to import and export however, it may still require to appoint a distributor to distribute the products onshore. That said, it’s worth noting that there are 44 free zones in the UAE so it would be an option to consider which free zone works best for a company. The Second Option is to engage a third party, a local distribution agent or commercial agent, who is already registered with the Ministry of Health for the importation and distribution of medical products. As per the laws and regulations, some entities do have the license to import only and others have the license to both import and distribute. Promotion, marketing and advertising Companies are not permitted to circulate or advertise medical products without obtaining a marketing authorization or exclusive marketing authorization license and approval from the MOHAP as provided by the Medical Law. Also, under Federal Law No. 15/1980 (repealed yet some provisions may still be enforceable) regarding the Regulation of Publications, companies cannot distribute publications without the prior approval from the MOHAP or relevant health ministry. Additionally, the UAE Cabinet Resolution No. 7/2007 regarding Health Advertisement states that anyone that does not have MOHAP approval and an issued license is forbidden from advertising and promoting medical products in the UAE. Pursuant to the Medical Law, the Marketing Authorization Holder is the legal person authorized to market specific medical product within the country and is responsible of all marketing, promotion and follow up aspects of the product within the country, and who must ensure that medical product advertisements and promotions comply with the terms and conditions set out by the MOHAP. Once the approval is granted then that market authorization holder may grant the distributor the right to distribute or sell the Medical Product. As such and pursuant to Article 75 of the Medical Law, distributors in the UAE are prohibited from importing, storing, distributing or selling any Medical Product without getting such an approval from the market authorization holder. The Medical Law and the Ministerial Decision number 1412 of 2017lists the conditions which must be met in order for medical devices to be traded and marketed in the UAE, and which include the following: Local and foreign manufactures of medical devices must be registered with the MOHAP. The prior approval and authorization of the MOHAP must be obtained before announcing, advertising, or promoting a Medical Device. The information and data inserted on the inner and outer label and the leaflet of the medical device must be similar to the information mentioned on the MOH’s marketing authorization of the device. The leaflet must contain information in Arabic or English, except as/when otherwise approved by the MOH. The main laws regulating the advertising and promotion of medical products in the UAE are: Federal Law No. 15/1980 concerned with Publications and Public Matters. Federal Law No. 8/2019 On Medical Products, Profession of Pharmacy and Pharmaceutical Institutions. Federal Law No. 13/2020 concerning Public Health. Federal Decree Law No. 20/2020 on Standards and Specifications. Ministerial Cabinet Decision No. 7/2007 regarding Health Advertisement. Ministerial Cabinet Decision No. 35/2012 regarding Media Content in Businesses. Ministerial Cabinet Decision No. 22/2017 regarding Licensing of Media Activities. Ministerial Cabinet Decision N. 23/2017 regarding Media Content. Ministerial Decision No. 1412/2017 On the Approval of the Code of Practice of the Marketing and Trading of Medical Products. Ministerial Decision No. 430 of 2007 Regulating Health Advertisement. Advertising Guide by the National Media Council In addition, there are other local laws and regulation that apply in each Emirate. For example: Dubai Law Number 6 of 2018 Concerning Dubai Healthcare Authority. Dubai Guidelines for Medical Advertisement Content on Social Media. Abu Dhabi Directive for Health Advertisement. According to Article 39 (1) of the Medical Law, a medical product dispended by a medical prescription cannot be publicized or advertised to the public by any means. However, Article 39 (2) stated that the following are permitted by obtaining the approval of MOHP: Announcing, advertising or promoting a medical product in magazines or scientific resources intended for healthcare practitioners. Announcing, advertising or promoting to the public any non-prescription medicine or healthcare product that has marketing authorization. Failure to get the necessary authorizations for the above may impose a penalty which include, without limitation, a fine not less than One Hundred Thousand United Arab Emirates Dirham (AED100,000.00) and no more than Five Hundred Thousand United Arab Emirates Dirham (AED500,000.00) and imprisonment (up to one year), in addition to any criminal or civil liability that might also be imposed. Abridged Procedure Medical device approvals or clearances from a recognized regulatory authority (US, Canada, Japan, or Europe) can be used to abridge the evaluation process for medical devices to be marketed within the UAE. Evidence of regular approval or clearance of a medical device in the form of certification and relevant, authenticated documents must be submitted. For devices not certified in the US, Canada, Japan, or Europe, these will be examined, and if approved, will be exempted from recognized country certification for Class A devices (those devices which require the lowest level of regulation and pose the lowest level of risk to patients). The classification requirements of medical devices in the UAE are largely influenced by the US Food and Drug Administration’s Devices Regulation. The classification system in the UAE takes into account aspects, such as: the period of time for which a medical device is intended for use. the potential risk involved in its use. the degree of invasiveness on the body. Marketing Authorizations Foreign marketing authorizations are not recognized, and cannot be used, in the UAE. All entities which intend to sell or market their products must obtain the applicable licenses and authorizations from the MOHAP. According to Article 7 of the Medical Law, the medical product marketing authorization applicant must: Appoint one or more qualified persons residing in the country according to a resolution from the Minister. Provide a medical warehouse to carry out the import, storage, distribution and wholesale of marketing approved products. Monitor medical products through distribution channels. Provide the necessary capabilities and systems to comply with the requirements of the medical product marketing authorization. Monitor the performance of the licensed medical product and receive reports from pharmaceutical facilities about its effectiveness, safety, usage and quality. Inform the MOHAP and the concerned authority within 15 days of the date of noticing any unexpected side effects or adverse effects or critical side effects or adverse effects reported or monitored during circulation, or local or global clinical research conducted on the product(s). Monitor procedures of medical product withdrawal. Monitor product patent and manufacture right protection. Licensing and Advertisements’ Fees Regulation No. 430 of 2007 defined the advertisement as “any information about the Medical Product in written, photographic and broadcasting form, in the form of a design, in the form of a product packaging in any of the media whether audio, visual and printed, in the form of posters in public places or in promotional form through the means of personal, technical or electronic messages communication.” Additionally, the Cabinet Resolution No. 44 of 2016 which encompasses fees of the services provided by MOHAP, defines, in Article one, the Health Advertisement as “Any communication process that includes information, data or images that would promote health products, medical devices and health care products, or influence the public by encouraging them to purchase, use or benefit from those products or means, whatever the means or language used for that.” With reference to the Cabinet Resolution No. 44 with regards to licensing health advertisements for a company or an establishment that is not subject to the terms of medical licenses, the below listed fees shall apply on each product and for each language: Licensing health advertisements for a company or an establishment that is not subject to the terms of medical licenses Service Application Fee (AED) Service Fee 1. A printed health advertisement license, for a company or establishment that is not subject to the terms of medical licenses for a month 100 600 For each language and for each product. 2. Renewing the license of a printed health advertisement for a company or institution that is not subject to the conditions of medical licenses for a period of one month 100 600 For each language and for each product 3. A printed health advertisement license, for a company or establishment that is not subject to the terms of medical licenses for one year 100 6,000 For each language and for each product 4. Audible health advertisement license, for a company or institution that is not subject to the terms of medical licenses for a month 100 800 For each language and for each product 5. Renewing the license of an audible health advertisement for a company or institution that is not subject to the conditions of medical licenses for a period of one month 100 800 For each language and for each product 6. Audible health advertisement license, for a company or institution that is not subject to the terms of medical licenses for one year 100 8,000 For each language and for each product 7. An audiovisual health advertisement license for a company or institution that is not subject to the terms of medical licenses for a period of one month 100 900 For each language and for each product 8. Renewing the license of an audiovisual health advertisement for a company or institution that is not subject to the conditions of medical licenses for a period of one month. 100 900 For each language and for each product 9. An audiovisual health advertisement license for a company or institution that is not subject to the terms of medical licenses for a period of one year. 100 9,000 For each language and for each product 10. Certificate to add a price to the Medical Product (if any). — 500 Each time 11. Advertising on websites for one month. 100 1000 For each language and for each content 12. Advertising on websites for one year. 100 3000 For each language and for each content 13. Advertising on social media for one month. 100 1000 For each language, each account and for each content 14. Advertising on social media for one year 100 3000 For each language and for each content 15. Amending the wording of a marketing product 100 500 For each language and for each product Conditions and requirements The advertising license from the MOHAP does not exempt the institution from complying with the requirements imposed by other parties in terms of services and products contained in the material. Documentation must be provided for each product included in the licensed advertisement. Advertisements in languages other than Arabic or English must be legally translated into Arabic or English. One account must be opened for each healthcare institution holding a license from one of the licensing authorities to practice in the healthcare professions in the UAE. One account must be opened for each commercial organization licensed by one of the economic departments in the UAE, provided that their activities are healthcare related Every healthcare institution is permitted to open one account. If more than one account is opened for the same institution, all of its accounts on the program will be freezed. Procedures and steps As listed in the official website of MOHAP, the below steps shall be taken in order to obtain an advertisement authorization Registers in e-services, creates a username and password (if not already done so), and accesses the e-system. Registers (for the first time) in the advertising licensing services program. Logs into the service, completes the online form and attaches the required documents. Pay the application fee (non-refundable). The relevant department shall thereafter the advertisement content and all supportive documents. If no additional documents or amendments are needed, then it shall issue its approval; once approval is granted and received, the company shall proceed with making the payment online, or through the Customer Happiness Centre at the MOHAP. The company can thereafter print the ad design, including the MOHAP approval, along with the start and end dates of the permission/license. Documents required There is no one rule as to which documents that are required in order to evaluate and obtain the license however, in practice, the MOHAP rely heavily on recognized regulatory authorities in developed jurisdictions to decide whether to grant the license. As such, in addition to the below documents that usually the MOHAP require, the company shall consider the ‘Abridged Procedure’ above: valid licenses for services providers/facility. valid registration or classification certificates for any products mentioned in the advertisement. additional documents may be requested depending on the format of the advertising material (such as design, text, image or storyboard). classification certificate for products that do not need registration for which case FDA or CE certificate, and user manual (in Arabic or English) should be submitted. Suspension or Annulment of the Health Advertisement License Following to the approval of the MOHAP and based on the recommendation of the Health Advertisement Department by virtue of a justified report, the advertisement license may be suspended or annulled after it is being issued or becoming in force, in in any or more of the following conditions: if cases or violations were found to be filed against the advertised health product. expiry of the original license of the health product during the advertisement term. if the product is proved to be harmful to the health after the advertisement publishing. if it was discovered that the approval was based on incorrect documents or information. If a report is received from the competent department or the technical committee member(s), confirming that the approval is given by mistake. Further: the advertiser or the advertisement agency shall refrain from publishing the advertisement as soon as they receive the undersecretary’s decision of suspension or annulment. The license number shall be cancelled in case the annulment is final with the word (cancelled) written. For temporary suspension, the expiry date of license shall be changed. The charge shall not be refunded in the following cases: If the suspension or annulment decision is taken due to the applicant’s acts. If the suspension or annulment is done with the knowledge of the applicant or the advertisement agency for reasons related to them. Medical Devices Samples In interpreting Article 42 and 43 of the Medical law, samples of the Medical Devices may be presented to healthcare professionals, provided that the samples are in reasonable quantities, clearly indicated that they are samples, and such samples may not be sold/circulated. Samples must have the phrase “Medical sample free – not for sale” written on it in both Arabic and English. As said above, to avoid most of the hard and costly work, as a company with no experience in the UAE market, its recommended to engage a distribution company. Through the deep experience of Clout’s team members in such a field, strong connections with well-known reliable distributors in the market have been built. As such, we will be able to find the right partner and represent our client in all levels of communications, products profit’s percentage negotiations and contracting with such distributing companies.

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QuestionAug 27, 2021 - 14:41

Farsi Speaking Lawyer In London - UK

Dear All, Please do let me know if I can assist you in any of the following matters: 1. Purchase / sale of a property in the UK 2. Finance refinance of a property in the UK 3. Family matter. 4. Immigration. 5. Employment. 6. Commercial contracts. 7. Disputes Civil / Criminal I hope I can assist you. Kind regards, Yasaman

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Recent blog posts

Intellectual Property: Perfect Eye-Opening Introduction (2021)

Intellectual Property: Perfect Eye-Opening Introduction (2021)

Intellectual Property (IP) rights result from a contract between the owner of the rights and the state. The national law determining these rights is a balance between the rights given to the property owner and the need for benefits to flow to society. You will be given many examples of this balance, particularly the legal principle and formalities that set limited terms for intellectual property rights beyond which anyone may use the invention or creation.  Governments can also, in some circumstances, permit the unrestricted use of copyrighted materials, for example, in education or the legal system. All IP rights are also designed with a limited time, some depending on payment for maintaining the IP right, after which they fall in the public domain to be used for further creative endeavours. Intellectual property rights are one of the fundamental rights of individuals. With the increasing expansion of inventions and discoveries, writings, and intellectual and cultural products, the scope and influence of these rights have increased sharply. In addition, in developed countries, these rights, along with other individual and inalienable rights of individuals, such as the right to life, The right to self-determination, And the right to liberty, moreover even in the international dimension, the importance of these rights has gone so far that the World Intellectual Property Organization (WIPO) It is recognized as the fourth largest international organization affiliated with the United Nations. Also, the global regulations of WIPO are one of the main pillars of the World Trade Organization (WTO) rules.  Intellectual property in Iran With the development of information technology and the increase in the volume of trade in Iran, and the initial acceptance of the country's application for membership in the World Trade Organization in 2005, intellectual property in Iran was found as an important position among lawyers and researchers. On the other hand, over time since the enactment of domestic laws in support of global intellectual property and trade laws, the completion of these laws became necessary, and hence, drafts article of patents registration, industrial designs, trademarks, and draft article of protection of literary and artistic property rights, which was presented to Parliament in the first reading on 07/08/1386 approved by the Judiciary Committee - legal Counsel under the "law of patents, industrial designs and trademarks ". And Parliament agreed with five years trial implementation of that regulation. At the end of the mentioned period, the Islamic Consultative Assembly extended the implementation period of this law for another year. The property as new or intellectual rights that have economic value and can be traded is the subject of a specific object is not material. These rights mainly deal with issues that are the product of human thought and are related to his mental creations. In other words, the subject matter of this type of property is inherently intangible and is an aspect of knowledge and information that is manifested in the products of physics or their production process. These rights, regardless of any contractual conditions, recognize and prescribe rights for the creator of the work and oblige the members of the society to observe them. In the division of intellectual property, the following two things can be mentioned: Industrial property, which includes inventions, models of useful objects (less complex inventions), trademarks and service marks, marks of origin, or designations of origin (in the Paris Convention of designations of origin and the TRIPS agreement of geographical indications as examples named industrial property) And prevents unhealthy competition, trade secrets, schemes build integrated circuits and geographical indications. Literary and artistic property: include works such as books, plays, poems, lyrics, songs, films, radio and television, painting, illustration, architectural, photographic effects, and copyright and related rights. Intellectual property international regulations  Paris Convention 1883 This convention was written to protect industrial designs. The rules of which are divided into national approach and protection/priority right in the registration of designs and general rules that must be followed equally in all countries.  As a general rule, under the Paris Convention, industrial design protection is territorial: this means that industrial design rights are limited to the country where protection is sought and granted.  If protection is desired in several countries, separate national applications must be made according to the applicable national law and procedures (which are usually different in each country). For instance, if protection is sought in countries A and B, an application should be filed with the IP Office of country A and another one with the IP Office of country B. Iran joined the Paris Convention in March 1958 with the passage of the Iran Permission Act to accede to the International Union of Representatives of the Paris General Assembly for the Protection of Industrial, Commercial and Agricultural Property by the National Assembly and the Senate. Madrid Agreement concerning the international registration of marks The Madrid Agreement entered into force in 1891. Under this agreement, nationals of the Contracting States may, in the entirety of the Member States, guarantee the protection of marks which can be used for their goods and services which are registered in the country of origin by filing a file for registration of such marks in the Office of the International Intellectual Property referred to in the convention establishing the World Intellectual Property Organization through the relevant office in the country of origin (Industrial Property Office in Iran). One of the two main requirements under the Madrid Agreement is that the trademark should be distinctive and should not be deceptive. Trademark Law Treaties There are two other treaties administered by WIPO, which make trademark formalities more user-friendly by harmonizing and simplifying specific procedures. The Trademark Law Treaty (TLT), adopted in 1994, and The Singapore Treaty on the Law of Trademarks was adopted in 2006. The trademark law treaty (TLT) This Agreement adopted in 1994 aims to standardize and streamline national and regional trademark registration procedures by simplifying and harmonizing certain features of those procedures. However, TLT makes trademark applications to and the administration of trademark registrations in multiple jurisdictions less complex and more predictable. Most of this treaty specified the formalities of the Industrial Property Office for the registration of trademarks, which are discussed in three stages: the registration declaration, the post-registration changes, and the extension of its ten-year validity. The Singapore treaty on the law of trademarks  Singapore treaty adopted in 2006 has a wider scope of application and addresses more recent developments in communication technologies. Furthermore, the Singapore treaty is the first international instrument dealing with trademark law to explicitly recognize non-traditional marks, such as holograms, three-dimensional marks, colour, position, motion marks or sound.  Patent Cooperation Treaty (PCT) The treaty was signed in 2000 in Geneva between 53 countries and the European Patent Office. The purpose of this treaty is to coordinate procedures such as the requirements for submitting a sample patent application and the content that the application must contain. A Patent is a legal document that grants an exclusive right to the patented invention, which is a product or a process that provides, in general, a new way of doing something or offers a new technical solution to a problem. The usual effects of the grant of a patent are that the patented invention may not be exploited during the limited period in the country in which the patent is granted, by persons other than the patent owner, unless the owner agrees to such exploitation by others. In other words, a patent protects an invention and grants to the owner of a patent the exclusive right to decide who shall and who shall not exploit his/her patented invention during the limited term of patent protection. A patent document published to the public at large indicates the scope of patent protection and contains a detailed description of the patented invention. The prominence of intellectual property The intellectual property system as one of the complementary links in the development chain of countries has long been considered by policymakers in different countries. On the one hand, this system provides the legal security required by innovators, research institutes, and investment companies in innovation by formulating the necessary legal materials. On the other hand, as a component of the national innovation system, it plays a vital role in promoting the learning process. Finally, a look at the experiences of industrialized and newly industrialized countries shows that one of the most important factors in these countries' economic and technological progress is systematic planning to promote intellectual property protection because intellectual property has an undeniable role in Technology development.
Iran Employment Contract: Everything You Should Know

Iran Employment Contract: Everything You Should Know

An employment contract can lead to a lot of disputes between the parties. This information is vital for both employees and employers. These agreements will safeguard your position; hence, here is a brief overview of the issues that need to be included in the contract. The comprehensive Labour Law covers all labour relations and employment contracts in Iran, including hiring local and foreign staff. The Labor Law provides an extensive and inclusive definition of the individuals it covers, and written, oral, temporary and indefinite employment contracts are recognised. It is challenging to lay off any Iranian employee, including staff, since Iran's labour law is very employee-friendly.Employing personnel on consecutive six-month contracts is illegal since dismissing staff without proof of a severe offence. Labour disputes are settled by a special labour council, which usually rules in favour of the employee. The Labor Law specifies the minimum standards that an employer must adhere to when forming an employment relationship. To have a valid contract concluded under the labour law of Iran, the following conditions must be included:Type of work, vocation or duty that the worker must undertake;Basic compensation and supplements to it;Working hours, holidays and leaves;Place of performance of duties;Probationary period, if any;Date of conclusion of the contract;Duration of employment; andAny other terms and conditions required according to the nature of employment.The employer may require the employee to be subject to a probationary period. An unskilled worker might only serve a probationary period of one month, while a skilled or professional worker might serve a three-month probationary period. During the probation period, either party may immediately terminate the employment relationship without cause or payment of severance pay. The only caveat is that if the employer releases the relationship, they must pay the employee for the entire duration of the probation period.Suspension of Employment ContractAn employee under certain conditions can suspend the employment contract presents yet another challenge to employers. The following conditions are necessary to break the employment contract:For the period of military service (active, contingency and reserve) and voluntary enlistment during conflicts. This period shall be considered part of the employee's service record at the place of employment;The closure of a workshop;Educational leave for up to four years; andThe period of detention that does not lead to conviction;Once the conditions giving rise to the suspension of the contract are removed, the employer must allow for the employee’s return to work. If the position is filled or eliminated, the employer is obligated to provide a similar role for the employee. Failure to do the above is considered wrongful discharge and subject to legal action.Termination of Employment ContractEmployment contracts can only be terminated in the following circumstances:Death of employee;Retirement of the employee;Total disability of employee;Expiration of the duration of the employment contract;Conclusion of work in task-specific contracts; andResignation of the employee.The employer is bound to pay benefits under all of the above scenarios according to the employee’s years of service.Dismissal of an EmployeeAn employee may only be dismissed upon the approval of the Islamic Labor Council or the Labor Discretionary Board. Grounds for dismissal include an employee's neglect to carry out their duties or violate the employer’s disciplinary by-laws. The employer must have provided written prior notice of the employee's violations. If the board is not convinced that the employee's dismissal is justified, the employer must reinstate the employee. Once an employee is dismissed, the employer is obligated to provide the legal severance package.Severance & Termination BenefitsThe Law mandates the following compensation for suspended, terminated and disabled employee:Suspended Employee - Where an employee is suspended without cause, the employer must reinstate the employee and pay for all damages and compensation resulted from the wrongful suspension;Terminated Employee - An employer is under a legal obligation to provide thirty (30) days salary for every year of service for employees made redundant or retired;Disabled Employee - The employer must pay 30 days salary for every year of service. Moreover, if the disability of an employee is due to working conditions, the employer must pay 60 days salary for every year of the employee's service period.Working Hours & OvertimeThe workweek in Iran is based on a forty-four hour week. The typical work week consists of working from Saturday to Wednesday (8 hours a day) and half a day on Thursday (4 hours). Any hours worked beyond these will entitle the employee to overtime. According to the law, overtime pay must be paid at 40% above the hourly wage. In addition, the employee must consent to overtime work.Holidays & LeaveEmployees are entitled to leave on all official state holidays (approximately 22 days a year) and Fridays. Any employee working during these holidays will be entitled to overtime pay. Additionally, employees are entitled to a one-month holiday per annum. The annual leave for those employees engaged in complex and hazardous employment shall be five weeks per annum. Employees are entitled to save up to 9 days of their annual leave. In case of termination, disability or redundancies, employees must be compensated for any accrued leave.Finally, employees are entitled to 3 days of paid vacation for marriage or death of a spouse, father, mother or child.Maternity LeaveFemale employees are entitled to 90 days of maternity leave. The employee's salary during maternity leave will be paid according to the provisions of the Social Security Act. Maternity leave must be considered part of an employee's service record. The employer must offer the same position to returning employees.What about the Employment Contract for Foreign Nationals?Employment contracts for foreigners without a valid work permit is prohibited by law. The requirement does not apply to diplomats, United Nations employees, or foreign press reporters.A work permit to a foreign national will be issued if the following conditions are met:Lack of expertise among Iranian nationals;The foreign national being qualified for the position;The expertise of the foreign national will be used for training of, and later replacement by, Iranian individuals.Work permits will be issued, renewed or extended for a maximum period of one year. Moreover, no exit permission will be granted to the foreign national unless the nation has paid all due taxes, duties, etc.What can be concluded?As mentioned earlier, employment contracts legally set out the primary working frameworks and establish the working relationship between the parties. A well-drafted agreement can avoid other risks and problems for both employers and employees. So one should keep in mind that drafting the provisions and clauses of such contracts needs trained legal specialist’s opinions.
NFT law and the future of the crypto market - The Rise and Rise of NFTs

NFT law and the future of the crypto market - The Rise and Rise of NFTs

The Rise & Rise of NFTs Whilst NFT's have been around for over a year or two, they have become trendy in the last few months, and with that, they have made their mark on the legal profession. NFT law, NFT copyright, and NFT ownership issues and intellectual property rights have become hot topics with the boom in blockchain-based NFT art's popularity. It appears that the lack of physical art events during the lockdown meant that a great deal more attention was paid to digital ones. An auction curated by Christie's took place in February 2021, where the artist, Beeple, sold a staggering $69m worth of NFT. This led to an explosion in digital art NFT's and many other artists coming from graphic design backgrounds, and digital design became involved. There have been further auctions organized by Sotheby's. As with any other topic deserving an in-depth look, the first thing we have to do is to find out NFTs meaning. What are NFTs? NFT's stand for Non-Fungible Tokens. The word "Fungible" means that which can be traded or exchanged for another—for example, a dollar bill or a Bitcoin or an Ada coin. Therefore, by definition, a "Non-Fungible" token is unique and cannot be exchanged with another token. A token is a unit of data kept on a digital ledger called a "blockchain". Most NFT's are currently supported by Ethereum. In addition, other blockchains such as "Flow" and "Tezos" have their standards to support NFT. Furthermore, digital galleries such as "Nifty Gateway" and "Super Rare" have been marketing NFTs applying rather stringent curating criteria. Where does one buy NFT's? NFT's are available through various other sources now, and this is expanding daily. This now even includes eBay. However, the relation to digital art is at least two very well-known digital art galleries called Super Rare and Nifty Gateway, which work professionally. However, some of the significant sales have been carried out through recognized auction houses, for example, the Beeple sale above. In what other areas have NFT's been used? Nowadays one can find NFT's in the domain of games, music, film, sport, fashion, and collectables. Other uses have been somewhat sensationalized, for example, the NFT of Jack Dorsey's first tweet, which sold for $2.9m! NFT's Legal issues As with all innovation, there are legal implications to be had from NFTs' rise in popularity. Of particular importance, however, are laws that refer to any rights that are transferred from the owner of the art to the holder of the NFT. It is important to note that a mere transfer of an NFT by the owner does not give the NFT's intellectual property right to the buyer. Effectively, all the buyer of the NFT will own is a digital receipt showing that the holder holds a version of the work. This might seem like very little for the time, effort, and money that goes into the minting and sale of an NFT, but there are certain benefits, namely that the buyer will receive a certificate of authenticity for the NFT art they purchase. This certificate of authenticity is issued based on the fact that the token minted for that NFT art is unique. The artist and the buyer or buyers can then utilize this uniqueness in different ways. Since the uniqueness of the NFT creates scarcity, the owner can hold on to it as an investment. Furthermore, the artist can generate income for themselves based on the NFT art's circulation volume, which is, in essence, a form of royalties. NFT Smart contracts and royalties A smart contract written in the code of the NFT can allow for the distribution of funds for the payment of royalties to the  create each time the work is resold. However, these automated resale royalty payments might not occur unless the NFT is resold through the same platform. Unfortunately, in the EU and the US, the law does not recognize resale rights related to created work, and as such it provides no recourse for unpaid resale royalties. GDPR The General Data Protection Regulation is the leading data protection law in the European Union. It has overarching requirements regarding an individuals right to privacy on the internet, and is quite strict when it comes to people's 'right to be forgotten', i.e. the right for a user's data to be permanently deleted from the internet. From an NFT law perspective, the fact that what is recorded in the blockchain is immutable, there is a direct conflict between NFT's meaning and essence and GDPR. This, therefore, means that any NFT containing any personal information may be in violation of GDPR's data protection rights. This is an important area of NFT law to keep an eye on, since both the GDPR and NFTs are and can be some of the most important development in humanity's relationship to the digital world. NFT money laundering As with many areas where there are interactions between the physical world and the virtual one, there are many potential pitfalls, and the usage of novel technology for criminal activity is one of the more important one of these.  Since NFT art transactions use digital currencies such as Bitcoin or Ethereum as tender, and since these digital currencies are untraceable by nature, this can facilitate money laundering using the purchase and sale of NFT art. Some more reputable NFT art auctioning platforms demand identifying information from purchasers, but what they tend to ask for is a digital copy or scan of the purchaser's passport. The issue with this method is that, usually, no one checks whether the user is, in fact, the owner of the passport. Many people set up wallets in countries that they do not even live in. Given the lack of the intrinsic value of the NFT and the limited rights currently conferred on the buyer, there has been criticism levelled on NFTs as a possible means to facilitate criminal behaviour such as money laundering. Another NFT legal issue is the one with countries that are under international sanctions. Theoretically, a person living in a sanctioned country can use a wallet unlawfully to purchase coins, which is used to buy NFT's. The Biden administration's plans for crypto regulation While NFT law might not currently be considered a significant issue due to the relatively low volume of transactions when compared to the traditional art market, it is now increasingly likely that new legislation will be introduced regarding NFT intellectual property, NFT money laundering, and NFT copyright issues. The Biden administration has already started to move towards that direction with general regulation on cryptocurrencies.  There is a tremendous amount of lobbying going on by the more prominent players in the crypto and NFT art space to try and influence the shape of the legislation to come. How these new regulations will affect NFTs will remain to be seen. Whatever steps are taken in the US in terms of regulation will undoubtedly influence crypto and NFT law in other jurisdictions as well. The importance of local Copyright laws NFT copyright law is an area that deserves special emphasis. Copyright and NFT intellectual property laws will definitely be in play in a majority of scenarios. For example, a photographer who decides to monetize photographs he has taken of a person by minting it as an NFT art piece must be conscious of the rights held by the photograph's subject under the law of the country/state where the photograph was taken. Minting and NFT art piece without considering the Intellectual property and copyright law can lead our photographer into a costly and time-consuming legal battle, and the whole exercise would be rendered pointless. What is the role of contracts in all this? Is there anything written in stone? Will the rights conferred by NFTS remain insignificant? What is the role of contractual drafting in this? A significant body of jurisprudence is likely to result from issues such as the ones outlined above. These would, to a great extent, depend on which laws govern the various relationships at play. There is, in fact, nothing written in stone. Even now, it is possible, for example, for a person to make a contract with the artist and get ownership of Not only the the NFT art piece, but also the actual, digital art. The terms of the NFT smart contracts to come can be expanded in the future. There are already some NFT smart contracts that allow commercial use of an image by the buyer. There is plenty of room for innovation. Currently, many players in the market are selling works of art or music, but with no contractual terms at all. This can lead to a great deal of confusion. While the NFTs are governed by the smart contracts embedded in the tokens bought, appropriate terms must be drafted specifying what rights the token's holder receives.  More innovation We're seeing some interesting developments in this field. Case in point is the latest sale of an NFT art piece known as CryptoPunk at $ 11.8 million by Sotheby's. This was bought using bitcoin, and no physical artwork changed hands. The collection of 50 CryptoPunks was fractionalised, and each token was called a Wrapped CryptoPunks. Each token constitutes a small and specific percentage of the one. In effect, this would mean that even smaller investors were able to get involved in the purchase, and if the Cryptopunks NFT art were to become more valuable, so would the value of the shares purchased. Also, interestingly now DAOs (Decentralised Autonomous Organisations) can buy NFTs as a collective. How about the future? As we advance, NFT's could be used increasingly in more mundane and everyday situations; situations such as the sale of a property, purchase of a train ticket, buying or selling collectibles, jewellery etc. We will see a lot more innovation in the areas of fractionalised ownership. However, advancements in NFT law may start biting, as the SEC have said that fractionalised ownership may be treated as "unregistered securities". As with many other areas of the law, how NFT law interacts and regulates this area now will no doubt influence the use of NFTs in relation to its future applications.
How to Invest in Iran 2021 - Exciting Changes in Iranian Investment Framework

How to Invest in Iran 2021 - Exciting Changes in Iranian Investment Framework

The Iranian government has launched some schemes for foreign investment attraction. How to invest in Iran using these new schemes would depend on the preferred route of action for any investor interested in taking advantage of this opportunity. According to Iran Business Law Handbook, “projects financed by foreign investors through Buy-Back arrangements, BOT,  BOOT schemes, or any project financing mechanisms are not subject to restrictions related to permissible foreign shareholdings”.  But under what legal framework the contracts mentioned above are implemented? Companies interested in establishing a presence and taking advantage of the fresh investment opportunity in Iran can proceed via three routes, each described below. Joint Ventures One possible strategy for foreign companies is to enter into a joint-venture agreement with a public or private Iranian partner. With the advances in technology and the stable infrastructure, many Iranian companies are more than capable of expansion and development in partnership with foreign investors, creating a promising investment opportunity in Iran. Companies in the Iranian private sector, especially those with technological and management gaps, are actively seeking joint-venture partners to solve their problems. Some other companies are seeking foreign capital interested in investment in Iran to revive their businesses. Should a company adopt this approach when deciding on how to invest in Iran? It is advisable to look for products and services that have both domestic demand and regional export potential when exploring any investment opportunity in Iran. Let's say that a joint-venture company can earn hard currency by exporting its products; in that case, it will be less dependent on the Iranian banking system for the repatriation of profits and dividends and will receive a higher and easier return on its foreign investment. It should be noted that some joint ventures are formed purely by the transfer of technology to the Iranian partners by the foreign investors, without capital commitment to the investment opportunity in Iran. Since Iranian authorities are very keen on introducing modern technologies to the Iranian market, this method can prove to be quite successful. Buy-Back  Iran has been utilizing buy-back schemes to attract foreign investment ever since the end of the Iran-Iraq war. From 1988 onwards, Iran faced ever-increasing hardships regarding its oil and gas industry exports and was in dire need of investment to counteract the toll the war had taken on her industrial and commerce infrastructure. Despite all this, the revolutionary ideology and constitution of the Islamic Republic forbade granting “concessions”. This aversion to making concessions translated into a scarcity of foreign investment opportunities in Iran for the early years of the revolution. In 1989, the First Five-Year Economic, Social, and Cultural Development Plan offered a compromise; In accordance with the 29th provision of the abovementioned plan, the Iranian government is allowed to engage in "buybacks" in order to meet the recovering economy's foreign investment needs in areas such as exports, industry and production, mining and extraction, and others, as the government saw fit. To put it in layman's terms, a buy-back transaction would be a trading method where plants, machinery, production equipment, and technology are supplied (by a domestic or foreign private firm) in exchange for the goods, produced directly or indirectly by means of such facilities. Under this scheme, the foreign partner that makes the initial investment in Iran can claim (at a previously agreed-upon fixed rate) the goods and services produced by the project as the return on the investment. Despite the fact that many foreign companies believe this isn't just an investment o a financing tool for Iran, it is more accurate to say that it is a short-term compromise formula for foreign investment. The buy-back scheme will probably be replaced by more appropriate laws and regulations in the medium to long term. In other words, once the constitutional concerns are resolved, foreign partners in buy-back agreements can take over the projects they are involved in, or they can form a joint venture with an Iranian partner. Build-Operate-Transfer (BOT)  This form of investment in Iran is a relatively new opportunity in the market. Recent regulations have introduced the Build-Operate-Transfer (BOT) scheme for Iranian projects.  In this foreign investment scheme, an investor or partner invests in a project, which is then operated by the foreign investor for an agreed-upon period of time, before the directorship or ownership of the project is transferred to the Iranian government. Iranian authorities are showing some flexibility regarding the BOT, which could potentially pave the way for foreign investment's presence in the market. Conclusions: how to invest in Iran? The capital and the power of Foreign Direct Investment and investors is almost a necessity for the growth of the industries and economies of all nations, which is why governments tend to move towards easing restrictions on foreign investment. At this point in time, and with the new paths the Iranian government has created for investment in Iran, Joint Ventures, Buy-backs, and Build-Operate-Transfer (BOT) models of foreign investment in Iran are the best and most reliable of the investment opportunities. Whilst the new foreign investment attraction framework has created a golden investment opportunity in Iran, some legal intricacies and the cultural and ideological sensitivities of the country require a high level of expertise and experience to handle and navigate successfully. That is why seeking expert legal counsel necessary in a situation like this. We in Legamart can provide you with the level of legal and business insight, influence, and intuition needed to establish a firm foothold in the fresh Iranian markets, allowing you to invest in Iran with peace of mind.

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