Latest updates

Place of performance in contracts of carriage
ThomannFischer
  • Shipping & Transport
  • Switzerland
  • 23 June 2021

A recent decision by the Supreme Court of the Canton of Zurich has finally shed light on an unsolved issue relating to the application of Article 31 of the Convention on the Contract for the International Carriage of Goods by Road (CMR) under Swiss law. This decision is a breakthrough and it may well be that the problems surrounding Article 31 of the CMR under Swiss law are now resolved.

COVID-19: key considerations for healthcare and life sciences industry in 'new normal'
Baker McKenzie
  • Healthcare & Life Sciences
  • USA
  • 23 June 2021

The COVID-19 pandemic has profoundly affected the healthcare and life sciences industry due to its complex, global network of contractual relationships. Further, with the urgent push to develop diagnostics, vaccines and therapeutics to manage and end the pandemic, product liability has become a key issue. This podcast discusses key considerations for the healthcare and life sciences industry regarding force majeure and related contractual issues, product liability and crisis management.

'Gender critical' beliefs are protected philosophical beliefs
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 23 June 2021

The Employment Appeal Tribunal has ruled that 'gender critical' beliefs are protected philosophical beliefs for equality law purposes, while confirming that a belief in 'gender identity' is also a protected characteristic. This means that it is unlawful to discriminate against someone because they do or do not hold either of those beliefs.

The end of mandatory telework?
ALTIUS
  • Employment & Immigration
  • Belgium
  • 23 June 2021

A new ministerial decree which includes new provisions regarding telework was recently published in the Belgian State Gazette. For now, telework remains compulsory and employers remain obliged to register their non-teleworkable positions with the National Social Security Office and to provide workers whose presence at the workplace is needed with a certificate confirming this fact. However, from 9 June 2021, employers will have the option to organise weekly 'return moments' to the workplace.

Advertising for distance treatment control in connection with teeth aligner treatment
Simmons & Simmons LLP
  • Healthcare & Life Sciences
  • Germany
  • 23 June 2021

Companies that offer and advertise teeth aligner treatment to the public are flooding the German market. One key aspect of the business model of such companies is the limitation of in-person contact between patients and dentists or orthodontists, which enables them to offer and advertise such treatment at low prices. However, such advertising may be problematic, considering the strict German regulations on advertising of distance treatment under the Act on Advertising in the Healthcare Sector.

COVID-19 included as compensable illness
Villaraza & Angangco
  • Employment & Immigration
  • Philippines
  • 23 June 2021

The Employees' Compensation Commission has officially included COVID-19 in the List of Occupational and Work-Related Diseases. For COVID-19 to be compensable, it must be clinically diagnosed and consistent with the signs and symptoms of COVID-19, supported by diagnostic proof, including a reverse transcription polymerase chain reaction test. In addition, a number of other conditions must be met.

ECtHR ruling on use of boycott in labour conflict
Homble Olsby | Littler
  • Employment & Immigration
  • Norway
  • 23 June 2021

The European Court of Human Rights (ECtHR) recently ruled in the 'Holship' case. Two unions had made a complaint against Norway because they believed that the Supreme Court had violated the freedom of association under the European Convention on Human Rights when it declared a notified boycott to be illegal. The ECtHR acquitted Norway but recognised that boycotts as a tool in labour conflicts may be protected and that restrictions on the right to boycott require a proper balancing of interests.

Vessel hit-and-run accidents
KaiRong Law Firm
  • Shipping & Transport
  • China
  • 23 June 2021

In recent years there has been an upward trend of captains and crew members being convicted of criminal liability for maritime collisions in China, which urgently accelerates the study of this section of law. Historically, the only punishments for captains and crew members have been pecuniary redresses and administrative penalties. However, this appears to be changing. This article discusses the legislation governing maritime accidents, particularly in the event of a hit-and-run incident.

Home Office extends adjusted right to work checks
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 23 June 2021

The Home Office has confirmed to the Immigration Law Practitioners' Association that adjusted right to work checks will remain in place until at least 31 August 2021. The confirmation also covers adjusted right to rent checks. The further extension follows the Prime Minister's announcement that Step 4 of the COVID-19 lockdown roadmap has been delayed.

Court of Appeal finds that Norwich Pharmacal relief is available in aid of foreign proceedings
Ogier
  • Litigation
  • Cayman Islands
  • 22 June 2021

The Court of Appeal has found that the Cayman courts have jurisdiction to grant a Norwich Pharmacal order in support of potential proceedings before a foreign court, even where alternative statutory remedies may be available. The decision confirms a departure in Cayman law from the law in England and Wales, which is perhaps surprising in circumstances where the Norwich Pharmacal jurisdiction itself derives from a decision of the UK House of Lords.

Amended Provider Liability Limitation Act updates sender information disclosure system
Anderson Mōri & Tomotsune
  • Litigation
  • Japan
  • 22 June 2021

The amended Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Provider Liability Limitation Act) was recently enacted and is scheduled to take effect in Autumn 2022. The amended act establishes a new judicial procedure (for non-contentious cases) that is specifically designed for the disclosure of sender information.

Oppression action: court's discretion has limits
Gan Partnership
  • Litigation
  • Malaysia
  • 22 June 2021

Section 346 of the Companies Act 2016 provides the courts with wide powers to grant remedies as they deem necessary to bring an end to the matters complained of in an oppression action. However, a recent high court decision has shown that such discretion is not absolute or unlimited. This decision may serve as a useful example for legal practitioners when drafting cause papers for clients in an oppression action.

Chinese court system: China International Commercial Court
Global Law Office
  • Litigation
  • China
  • 22 June 2021

In 2018 a new mechanism for international commercial disputes resolution was introduced: the China International Commercial Court. The court is part of the Supreme People's Court and has two tribunals in geographically and historically significant cities. In order for the China International Commercial Court to hear a case, certain criteria must be met. The court's judgments are almost always final and can rarely be appealed.

Patented inventions may infringe existing patents
GEVERS
  • Intellectual Property
  • International
  • 21 June 2021

Patents prohibit a party's competitors from producing, selling or using the protected invention. However, patents do not automatically confer to the owner the right of producing, selling or using their invention since some aspects may be covered by third-party patents. Where a patent owner wishes to produce, sell or use its invention, it must carry out research to determine whether it has the required freedom to operate.

'Could versus would' approach to inventive step assessment
Pinsent Masons
  • Intellectual Property
  • United Kingdom
  • 21 June 2021

In a recent case, the High Court considered the statutory approach to assessing obviousness in patent law, confirming that, ultimately, the question to be addressed is whether the claims involve an inventive step. This decision is of interest to patentees in a range of industries and sectors as it brings to the fore the role of commercial attractiveness and technical limitations in whether an alleged invention may be considered to be lacking an inventive step.

AI patenting practices are changing – but is the direction right?
Berggren Oy
  • Intellectual Property
  • European Union
  • 21 June 2021

Protecting AI solutions by IP rights often entails a combination of patents, agreements regarding data and use and development of systems and software, and software copyright. Patenting practices for AI solutions in particular appear to be facing significant changes in Europe. Applicants should aim to be prepared for changes in patenting practice and differences between jurisdictions.

Voters reject three environmental bills
Pestalozzi Attorneys at Law
  • Environment & Climate Change
  • Switzerland
  • 21 June 2021

The Swiss voters recently decided on three environmental bills. The first bill concerned the revised CO2 Act, which would have allowed Switzerland to build on and reinforce its current climate policy in order to limit the global temperature increase, which requires a reduction in greenhouse gas emissions. The second bill aimed to better protect the environment and drinking water. The third bill aimed to ban the use and import of foods containing artificial pesticides in Switzerland.

Total lockdown: critical construction works exempted
SKRINE
  • Projects, Construction & Infrastructure
  • Malaysia
  • 21 June 2021

Malaysia is approaching the second half of 2021 under a nationwide lockdown. At the end of May 2021, the Prime Minister's Office announced that the country would be placed under a full movement control order for a fortnight at the start of June 2021. Only essential services and economic sectors are able to operate, restricting activity in the construction sector.

How to present evidence to claim prior user rights
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • 21 June 2021

When facing an infringement action before the Intellectual Property Court, defendants seeking to assert prior use face an uphill evidentiary battle to convince the court that their product existed before the patent filing date. A look back at the most relevant decisions of the past two years reveals that success or failure hinges on the probative value of the evidence.

Are second medical use patents protected?
Deriş Patents and Trademarks Agency
  • Intellectual Property
  • Turkey
  • 21 June 2021

A first-instance court decision that second medical use patents granted before 13 December 2007 are not patentable is waiting to be evaluated by the General Civil Chamber of the Supreme Court, despite the decision already having being overturned by the Supreme Court. Since there are no exclusions to the protection of second medical use patents in the Industrial Property Code, such inventions should be protected in Turkey, provided that they are novel and include an inventive step.

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