USA: When Patent Royalties Are Not Capital Gains

The US Court of Appeals for the Ninth Circuit held that patent royalties were not capital gains for tax purposes when the patentee retained effective control over the corporate recipient of the patents, since the patentee could retrieve the patent rights and had therefore not transferred “all substantial rights” to the patents. Cooper v. Commissioner of Internal Revenue, Case No. 15-70863 (9th Cir., Dec. 15, 2017) (Graber, J) (Kleinfeld, J, dissenting in part).

James Cooper is […]

By | July 1st, 2017 ||

Amendments In Intellectual Property Laws In Vietnam

Much awaited fourth amendment to the IP laws of Vietnam finally comes into force today i.e. on January 15, 2018. Circular No. 16/2016/TT-BKHCN (also called Circular No. 16), which was issued on June 30, 2016 by the Ministry of Science and Technology of the Government of Vietnam which amends as well as supplements a number of articles of Circular No. 01/2007/TT-BKHCN (also called Circular 01). The amended circular no. 16 is a critical guidance […]

By | June 27th, 2017 ||

Chile: Mining Services Contracts – The Importance Of IP Clauses

Harris Gomez Group has been working with Mining Equipment, Technology and Services (METS) businesses in Latin America for 16 years. We have experienced it first hand over the years, the mining industry is going through a transformation, and the solutions and technology being commercialized are increasingly more complex than they were in the past.

Digital technologies, data analytics, automation, robotics, process re-engineering, modular and mobile equipment/infrastructure, and sensors are all examples. METS companies are investing […]

By | May 14th, 2017 ||