India, 16 October 2009: consideration paid by telecasting companies to satellite companies was for the use of a “process” and so was a royalty under Indian tax law even though the process was not “secret.”
The VAT rules on the place of supply of services – which includes the transfer and licensing of intellectual property – are changing from January 1st, 2010. The practical effect of this is relatively limited for intellectual property, as the rules are changing to make the VAT implications for other services more closely aligned to the rules that already apply to intellectual property. The principal changes are the legislation references.
India has approved (on 5 November) a proposal to remove the current cap on royalties paid for overseas technology transfers.
The Netherlands 2010 budget includes a proposal to revise the patent box regime, renaming it the innovation box regime – the intention being to widen access to the regime, and eliminate several obstacles to use of the present patent box.
The European Commission has prodded Lithuania again (with an additional reasoned opinion) about its rules under which royalty payments to non-resident companies are taxed more heavily than those to resident companies.
Google Scholar is getting a bit more detailed, with the ability now to search through articles, extracts from legal journals, full legal opinions/judgments, and details of patents. The emphasis is (unsurprisingly) on US legal matters but there is a reasonable amount of UK material to be found on intellectual property, as well as on tax matters.
IIR are hosting a conference on IP Planning, covering tax aspects as well as valuation, consulting and commercialisation on November 26th in London.
Useful round-up from the Australian Government on the basics of IP tax in Oz.
The EC has referred (on October 29, 2009) Austria to the ECJ over its discriminatory treatment of certain foreign non-profit institutions in respect of tax benefits in the field of science and research.