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Generative AI: A global guide to key IP considerations
Artificial intelligence (AI) raises many intellectual property (IP) issues.
United Kingdom | Publication | July 2024
The case before the CJEU concerned a director of several Luxembourg limited liability companies, who had received an ex officio VAT tax assessment for the financial year 2019, assessing that VAT was applicable on their director activities. The CJEU was asked the following questions:
On the first question, the CJEU confirmed that the activities of the member of the board directors would constitute economic activities where the member supplies services to that company for a consideration. There must also be a certain degree of continuity and the remuneration (whether fixed or variable), must remain reasonable in relation to the services supplied.
On the second question, the CJEU found that the member of the board of directors does not perform his or her activity independently, as the latter does not bear any personal economic risk associated with his or her mandate, in other words, no personal obligation arises on the part of directors for their commitments to the company, despite the fact that directors are entitled to arrange how he or she perform their duties and are not subject to an employer and employee relationship.
Therefore, although there is a degree of continuity and the remuneration associated with their roles, the CJEU found that board directors do not fulfil the independence criterion required for VAT liability so that their services are not subject to VAT.
The decision of the CJEU could imply that members of the board of directors of Luxembourg companies may not be considered as taxable persons for VAT purposes and therefore directors' fees should not be subject to VAT. While the applicability of this decision depends on a case-by-case analysis, it is worth mentioning that Circular N°781 has now been repealed.
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Artificial intelligence (AI) raises many intellectual property (IP) issues.
Publication
The UK remains a world leader in offshore wind, accounting for roughly 20 percent of global offshore wind capacity, with 11.3 GW operational. It is forecast that installed capacity will rise to 19.5 GW by mid 2020s.
Publication
On 21 May 2024, the European Council (or Council) adopted the so-called ‘Hydrogen and decarbonised gas market package’ (the Gas Package). The package contains a recast of the 715/2009 gas regulation (Gas Regulation) and a recast of the 2009/73 gas directive (Gas Directive) aimed at reforming the existing EU regulatory framework to support the deployment of renewable and low-carbon gases, in particular hydrogen. As such, it represents a major development in the EU gas market.
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