Latest updates

Renewable energy: amendment to Green Electricity Act doubles funding
Schoenherr Attorneys at Law
  • Energy & Natural Resources
  • Austria
  • July 24 2017

After four months of negotiations, the Austrian National Council has finally reached an agreement on the amendment of the Green Electricity Act. The required two-thirds majority was reached by a last-minute agreement between the coalition parties and the Green Party. The aim of the new legislation is to increase the percentage of green electricity and expand renewable energy in Austria.

How tough are Chinese courts on bad-faith applications?
WAN HUI DA
  • Intellectual Property
  • China
  • July 24 2017

Since 2008, the development of intellectual property has become a national priority in China. The volume of trademark applications has consistently grown over the past 15 years and reached 3.69 million in 2016. One of the consequences of this growth is the proliferation of so-called 'pre-emptive trademark applications', filed in bad faith. The Chinese government is becoming increasingly aware of this problem.

Harley-Davidson wins battle against bar restaurant over well-known bar and shield sign
  • Intellectual Property
  • European Union
  • July 24 2017

The EU Trademark Court recently revoked in full the Commercial Court of Alicante Number 1 first-instance judgment, which had dismissed all of the claims filed by H-D USA, LLC (Harley-Davidson) against a third party for its unauthorised use of the Harley-Davidson bar and shield sign to identify and promote its bar restaurant. The court sentenced the defendant to pay Harley-Davidson damages and bear the costs incurred in the first instance.

Captain Morgan makes Admiral Nelson's walk the plank
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • July 24 2017

The Federal Court recently found Heaven Hill and its Canadian broker, Diamond Estates, liable for passing off their Admiral Nelson's rum products as those of Diageo and for infringing and depreciating the goodwill attached to Diageo's Captain Morgan character and label trademarks. The decision is a reminder of the clear benefits of registering key character and label elements on product packaging as trademarks.

Retrospective application of Prevention of Money Laundering Act
Shardul Amarchand Mangaldas & Co
  • White Collar Crime
  • India
  • July 24 2017

The Karnataka High Court recently issued a judgment which dealt with the retrospective application of the Prevention of Money Laundering Act 2002. The court held that a person cannot be tried for an offence under the act for the period when the offence was not inserted in the schedule of offences under the act. This would deny the writ petitioner the protection offered by Article 20(1) of the Constitution.

Capital contributions in joint stock companies
Aykan Acar Ergönen Law Firm
  • Company & Commercial
  • Turkey
  • July 24 2017

Under the Commercial Code 6102, shareholders must contribute capital to commercial companies incorporated by law (the so-called 'contribution obligation'). A contribution obligation mainly arises at the time of the incorporation of or the capital increase in a commercial company. Shareholders generally prefer fulfilling their contribution obligations in cash and their liability is limited to the amount that they subscribed for under a company's articles of association.

Charges against FH Bertling
Arnold & Porter Kaye Scholer LLP
  • White Collar Crime
  • United Kingdom
  • July 24 2017

Charges in respect of corruption offences under Section 1 of the Prevention of Corruption Act 1906 and Section 1 of the Criminal Law Act 1977 were recently brought against the UK subsidiary of German logistics company FH Bertling and a number of its former employees and other individuals associated with the company. The offences are said to have primarily enabled FH Bertling to retain or win contracts for the supply of freight forwarding services to a North Sea oil exploration project.

Criminal Finances Bill receives royal assent
Arnold & Porter Kaye Scholer LLP
  • White Collar Crime
  • United Kingdom
  • July 24 2017

The much-debated Criminal Finances Bill recently received royal assent, becoming the Criminal Finances Act 2017. When it comes into force, the act will introduce significant amendments to the Proceeds of Crime Act 2002. From a corporate crime perspective, the most noteworthy of these changes are the introduction of the new corporate offence of failure to prevent the facilitation of tax evasion, revisions to the suspicious activity reporting regime and the creation of unexplained wealth orders.

Trademarks removed from Patent Box, but transitional rules implemented
IP Law Galli
  • Intellectual Property
  • Italy
  • July 24 2017

Trademarks were recently removed from the list of IP rights that can benefit from the package of fiscal incentives known as the 'Patent Box'. However, a transitional system has been established for companies that have already exercised the Patent Box's three-year incentive option. This decision strengthens the credibility and therefore the attractiveness of these incentives for investors, but the onerous accounting requirements that must be met for a company to avail of these incentives remain in place.

EPA issues final framework rules for new chemical evaluation regulatory programme
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • July 24 2017

The Environmental Protection Agency recently took historic action under the Toxic Substances Control Act. The new rules will almost immediately affect chemical manufacturers and those who use products that contain chemicals. All companies that manufacture, use, process, import, export or sell products containing chemicals must understand the new regulatory regime and the new obligations and hurdles that it presents.

Patented Medicines Prices Review Board update
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • July 24 2017

The Minister of Health recently announced a consultation regarding proposed amendments to the Patented Medicines Regulations that would significantly affect the Patented Medicines Prices Review Board's (PMPRB's) approach to drug price evaluation. The PMPRB also published a new annual publication providing information on recently launched drugs in Canada and select international markets as well as its annual report on the drivers of drug expenditures in select Canadian public drug plans.

New international information management standard
  • Construction
  • International
  • July 24 2017

A new draft international standard providing information management guidance when using building information modelling has been issued for public comment. The standard is split into two parts. The first part deals with concepts and principles and applies to the whole lifecycle of a built asset, while the second deals with the delivery phase of assets and enables the client or appointing organisation to establish its requirements for information during the delivery phase of assets.

When does copyright protection exist in Denmark?
Awapatent A/S
  • Intellectual Property
  • Denmark
  • July 24 2017

The bar for copyright infringement of industrial works in Denmark is rather high. A copy must be very similar to an original work and an original work cannot be of a simple or technical nature. In a recent Commercial and Maritime Court case, the Danish ceramics company Kähler's Omaggio series of vases and candleholders was granted copyright protection and Bovictus A/S's KJ collection was found to infringe Kähler's copyright.

Closest prior art in determining non-obviousness
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • July 24 2017

The non-obviousness of a claimed invention is generally determined by investigating whether a person having ordinary skill in the art is motivated to combine the disclosure of said prior art references and can easily accomplish the claimed invention. However, there is no specific regulation in Taiwan as to whether there is any priority in the application of said prior art references.

How to register your trademark – a superhero approach
KISCH IP
  • Intellectual Property
  • South Africa
  • July 24 2017

The almost infinite nature of trademarks is the reason why iconic characters, such as Batman and Wonder Woman, will almost certainly never enter the public domain. A trademark registration gives the rights holder the exclusive right to use the trademark and prevents the unauthorised use by a third party of not only an identical or confusingly similar trademark, but also a company, close corporation, business, trading or domain name.

New law for payment of tax arrears by instalments comes into effect
Elias Neocleous & Co LLC
  • Corporate Tax
  • Cyprus
  • July 21 2017

The Process of Adjustment of Tax Arrears Law 2017 establishes a procedure for settling tax arrears by monthly instalments. The law covers all taxes assessed by the Tax Department for tax years up to and including 2015, as well as all amounts payable as a result of the submission of a self-assessment in respect of those tax years in which the tax returns for the relevant tax year have already been submitted but no tax payment has been made.

Beating the Brexit deadlock: squaring free trade with immigration controls
  • Immigration
  • United Kingdom
  • July 21 2017

The government and UK businesses want the United Kingdom to have maximum access to the single market following Brexit, but the European Union has stated that single market membership is conditional on allowing free movement of persons. There are a number of possible compromises that could enable the United Kingdom to continue to participate in the single market while retaining at least some control over migration.

CFPB proposes amendments to final rule for pre-paid accounts
Sidley Austin LLP
  • Banking
  • USA
  • July 21 2017

The Consumer Financial Protection Bureau recently issued proposed amendments to its final rule to expand existing consumer protections for electronic fund transfers to pre-paid accounts. Among other things, the proposal would modify the final rule to exempt pre-paid account issuers from the error resolution and limitation of liability provisions with respect to unregistered cardholders and provide more flexibility to issuers of digital wallet accounts that are covered by the final rule.

Federal Court of Appeal considers availability of rectification
Thorsteinssons LLP
  • Corporate Tax
  • Canada
  • July 21 2017

Rectification has been a popular topic in tax law since last year's Supreme Court decisions limiting its availability for tax planning errors. In a brief judgment, the Federal Court of Appeal disagreed with the Tax Court and held that foreign rectification orders are not necessarily dispositive or binding on a tax assessment, but must be taken as facts at trial even in the absence of domestic recognition through homologation.

Reorganisation plan: position of secured creditors
Altius cvba
  • Insolvency & Restructuring
  • Belgium
  • July 21 2017

The Business Continuity Act aims to enable debtors in difficulty to continue their activities by restructuring their debts. One of the proceedings that the act introduced is the reorganisation of debt pursuant to a restructuring plan. The restructuring plan may consist of several measures, including the waiver of certain debts. However, none of these measures (with the exception of a temporary stay on the enforcement of claims) may be imposed on secured creditors, unless they expressly agree to it.

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