International Law in Global Conflicts Today
As many of us absorb the horrific details of conflicts and human rights atrocities occurring globally, in Gaza and South Sudan to name just two, we instinctively wonder when we can expect an end to warfare. If warring states cannot reach a resolution, when and how can those well-known and apparently globally powerful peace-keeping institutions step in to end the violence?
This article explores the contradictions inherent in an apparently globally powerful codified international law system, particularly when it comes to its limitations in the face of significant reliance on international customary law. Is codified international law capable of meaningfully enforcing a global rule of law and if not, what new customs and norms between nations might emerge instead?
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Key Changes to IP Legislation by the European Council
In September this year (2023), the European Council announced that it had settled on two central intellectual property agendas to pursue ahead of negotiations with the European Parliament on IP legislation.
The new agendas would to enable key pieces of legislation governing IP law in the European Union to adapt to the fast-evolving digital era. In particular, the EU legislative body proposes to support industrial design creativity by increasing the reach of design protection and expanding EU IP law terminology to include design mediums emerging out of technological developments (such as 3D printing and metaverse creations).
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Emerging Remote Work Options: Canada
Since announcing its intention to become a ‘leader in tech talent recruitment and attraction’, Canada has taken several steps to attract a more highly skilled tech workforce.
One of Canada’s most recent attempts has involved enabling a direct transition to a job-specific worker permit from its tourist visa. The amendment aims to entice tourists in Canada, many of whom the Canadian government knows to be highly skilled tech professionals on working holidays, to remain in the country and contribute to the Canadian tech sector via a relatively hassle-free visa status alteration.
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Future Pathways for Remote Worker Visas
Several years after the pandemic lockdown, remote work remains accessible to many and more now than ever is granting opportunities to people to become digital nomads. Governments globally have responded by adjusting existing visa requirements or offering an entirely new category of visa entitlements to cater to working nomads looking to enjoy simultaneously the spoils of visiting foreign lands for extended periods.
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The H-1B Visa: Canada’s Open Work Permit for Tech Workers
Canada this year offered specialised workers on the American H-1B visa the option to transfer directly to a Canadian work permit with almost identical conditions. Announced mid-June in 2023 at the global tech conference Collision in Toronto, the work permit was so popular only a month later that it attracted sufficient interest in 2 days to fulfil the Canadian government’s planned yearly quota of 10,000 applications.
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U.S. Tariffs on Imported Chinese Products – Rates and Alternatives
If you are a business owner looking to import goods into the US, you may have some concerns about the current US-China trade dispute which has provoked the US to burden many categories of Chinese products entering America with hefty tariffs.
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Canada Introduces New Categories for Express Entry Permanent Residency Applications
If you have considered migrating permanently to Canada, you may be familiar with Canada’s Express Entry system , which aims to fast track immigration to the country for immigrants with professional or trade experience. Immigration, Refugees and Citizenship Canada (‘the IRCC’) has now introduced language competency and occupational categories to which it will preference in some parts of its Express Entry processing – find out how these new categories affect Permanent Residency (‘PR’) candidacy in Canada, and how you can check your eligibility.
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Refugee and Asylum Programs for Sudanese and Ukrainian nationals
Worsening conflict and humanitarian crises in Sudan and Ukraine have displaced millions and made the availability of refugee processing and relocation an urgent matter for discussion and action. This blog aims to help summarise for asylum seekers as well as readers less affected by the crises the pathways and general availability of refugee status in Canada, the UK, and the US.
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What Makes a Trademark? Avoiding USPTO rejections for ‘generic’ or ‘merely descriptive’ marks
Trademarks are unique and arbitrary words, phrases images or sounds which identify goods and products and their source for consumers. However, not all phrases or marks used to brand products or services can be registered as trademarks with the USPTO. In particular, many marks may be rejected for lacking any distinctiveness or uniqueness.
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Why and How Artificial Intelligence Affects Trademarking
For more than a century now, trademark laws have protected the distinctiveness of products and seller identities. A drastic change to those laws, however, seems to be on the way with what has been called the fourth “revolution” of consumer spending – where once products were mediated by the recommendations of a shop owner, before being offered to the customer themselves in groceries stores, and then online, consumer spending now takes places almost completely with reliance on search engines and through programmed bots, in short, via artificial intelligence.
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What Happened to the Post Covid Digital Boom and Why?
Moving out of Covid-19, many may have expected more from the digital boom that appeared to be occurring with the emergence of seemingly fully decentralized web platforms (Web3) and 3D virtual world interfaces (the ‘metaverse’). An article recently published in the journal American Affairs posits an unexpected root cause of the stagnation: the professionalization/standardization of the US academic research system.
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Crisis in Venezuela and Central America: US Refugee Intake Options in 2023
As the humanitarian crisis in Venezuela continues to bring millions of refugees into Central and North America, the US has taken the opportunity to announce new refugee intake initiatives. In general, the announcement reflects the US’s intention to overhaul, staff and expand its immigration intake effort with respect to legally processed refugees from Central America. The changes however may also lead to unforeseen consequences to existing migration processes for Central American migrants.
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Launching an E-Commerce Business: 5 Basic Legal Requirements
E-commerce is now a fixture of the business world, if not fast becoming its dominant form of trade. Online sales afford business owners whole new markets and previously unimaginable opportunities to handle with ease multiple enterprises simultaneously. A digital platform however does not remove the obligation of parties in the sale of goods to understand clearly the terms of sale and their rights as the seller and consumer.
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FTX and Cryptocurrency: 5 Risks Any Crypto Investor Should Consider
Recent news about the end of FTX cryptocurrency has drawn attention to the risks involved in trading in cryptocurrency. In the case of FTX’s collapse in particular, cryptocurrency’s vulnerability to fraud, mere market speculation and liquidity issues have been writ large. This week we took a look at some of the major risks involved in Crypto investments.
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Worker Visas and Green Cards: What are the Acceptance Rates in the US?
As discussed in our previous post, we will continue to examine the acceptance rates for various economic visa and immigrant categories in the US this week. As we will discuss in this article, there is a trend towards a high percentage of temporary work visa approvals in the US, while the transition to permanent status is completed successfully for a lower proportion of applicants. This may reflect the difficulty of obtaining permanent residency status in the US for many workers and business people, though the US is still an inviting place for those who wish to temporarily work and do business there.
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Worker Visas and Green Cards: What are the Acceptance Rates in the US?
Borderless Counsel frequently assists clients with applications for permanent and temporary work visas in the United States. The brief report below aims to capture the recent rates of visa application approvals, and their distribution across continents and countries. We focus in particular on the worker visas most frequently sought after by our clients: the non-immigrant L1-A, L1-B and H-1B visas; and the immigrant/green card EB-1, EB-3, and EB-5 visas. All data was sourced from the U.S. Department of State’s Visa Statistics. In this post we will focus on the H-1 and L-1 Visa categories. In our upcoming post, we will outline visa statistics for the EB-1, EB-3 and EB-5 (green card/permanent residency) categories).
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Canadian Visa Application Refusals: Options for Re-Application and Appeal
This article provides cursory advice to foreign and domestic applicants for Canadian visas on their options for continuing to seek a Canadian visa should their application be refused by immigration authorities. In particular, the blog aims to equip rejected visa applicants with a sense of the time, costs, and complexities of various appeals and re-application processes.
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International Trademark Protection: WIPO and The Madrid Protocol
Trademark protection in international territories significantly increases the export potential of businesses and their competitiveness in international markets. Business owners seeking to expand should be aware that they can now benefit from a globalized trademark registration agreement that enables them to file for trademark protection in multiple jurisdictions simultaneously, and therefore with drastically reduced fees and administrative complications.
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Understanding the Trademark Filing Process in the United States
Trademark ownership can provide innumerable benefits to your brand and business. Like any application to institutions and state bodies, however, the process of applying for a mark can seem fraught with procedural peculiarities and technical challenges. Below we outline the basic steps of the Trademark filing process and highlight the key concepts that underpin the determination of mark applications.
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Working in the US as a Treaty Trader-The Often Unexplored Visa Pathway
Many individuals looking to do business in the US are not aware that the US allows nationals of over 130 countries in the world to live and do business in the US as “treaty traders”, under the E-1 visa category. This is because the US has entered into strategic navigation and commerce agreements with these countries which promote trade and business.
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