Latest updates
False statement of truth leads to prison
RPC- Litigation
- Hong Kong
- 12 November 2019
Mathnasium Center Licensing, LLC v Chang is another recent example of the courts sentencing makers of false statements of truth to a period of imprisonment for contempt of court. In this case, the defendant signed a false statement of truth in a defence filed on behalf of a company which he controlled and which was being sued by the plaintiff. The court found that it was beyond a reasonable doubt that the defendant must have known about the falsity of the admission and thus found him to be in contempt of court.
Contribution to legal costs: natural love and affection or calculated self-interest?
RPC- Litigation
- United Kingdom
- 12 November 2019
When will an order for costs be made against a family member who was not a party to the underlying proceedings but who contributed significantly to funding the losing party's defence? According to a recent case, the answer is when the funder has a personal interest in the litigation.
NASAA issues report on broker-dealer policies and procedures for leveraged or inverse ETFs
Morrison & Foerster LLP- Capital Markets
- USA
- 12 November 2019
The North American Securities Administrators Association recently issued a report that provided a warning as to the risks of leveraged or inverse exchange-traded funds. The report urges broker-dealers to tailor their supervisory procedures if they allow exchange-traded fund (ETF) transactions in these products. Among other things, the report concludes that broker-dealers should carefully consider whether to permit purchases of leveraged or inverse ETFs in retail customer accounts.
The power of part marks
KISCH IP- Intellectual Property
- South Africa
- 11 November 2019
Copycat products imported into South Africa often replicate well-known brands. In such cases, an analysis must be undertaken to determine whether the owner of the legitimate well-known brand can sue based on various grounds. In this respect, although word marks are often seen as the most important because they are a brand's primary name, from an enforceability perspective, filing a part mark can help to avoid ambiguity.
Federal Court rules that CIPAA is prospective
SKRINE- Construction
- Malaysia
- 11 November 2019
The Federal Court recently delivered a landmark ruling in which it clarified points of law on the retrospective application of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) and the application of Section 35 of the CIPAA, which governs the validity of pay-when-paid clauses in construction contracts. The court's decision that the CIPAA has no retrospective effect is far reaching.
Supreme Court rules on Crown copyright
Smart & Biggar- Intellectual Property
- Canada
- 11 November 2019
The Supreme Court recently issued a highly anticipated decision in which it found that Ontario holds the copyright in plans of survey published by the third-party operator of the province's electronic land registry system. This case was the Supreme Court's first opportunity to examine the scope and application of Crown copyright in the nearly 100 years since the enactment of the applicable provision under the Copyright Act.
Politics, environmental policies and permit decisions
Advokatfirman Lindahl- Environment & Climate Change
- Sweden
- 11 November 2019
The legislature has decided that official decisions which could have a major impact on future environmental conduct should be made at the political level rather than through a judicial review. Although there are benefits to politicians being accountable for decisions regarding businesses that have a significant environmental impact, it remains to be seen whether the legal uncertainty in this regard will inhibit the willingness of companies to expand into Sweden.
New law aims to facilitate offshore renewable projects
Nishimura & Asahi- Energy & Natural Resources
- Japan
- 11 November 2019
Although Japan has significant offshore renewable energy output potential, a number of issues – both systemic and technological – have hindered efforts to develop its offshore renewable market. With the introduction of the Act on Promoting the Use of Marine Areas for the Development of Marine Renewable Energy Generation Facilities, the government aims to develop such offshore renewable energy capacity and encourage and facilitate the development of offshore renewable projects in Japan.
Copyright protection: impact of recent ECJ decision on Spanish legal framework
Grau & Angulo- Intellectual Property
- Spain
- 11 November 2019
A recent European Court of Justice judgment is good news for EU designers as it confirms what has already been stated by some Spanish courts – namely, that a design need not have artistic merit, aesthetic value or a particular visual attraction to qualify for copyright protection. Although the judgment was issued in response to a ruling by the Portuguese courts, it will undoubtedly have clear consequences throughout the European Union. This article examines the decision in view of the Spanish legal framework.
Non-registered cartoon characters may enjoy trademark protection in Turkey
Deriş Patents and Trademarks Agency- Intellectual Property
- Turkey
- 11 November 2019
The physical appearance, name, expressions used and other distinctive components relating to or associated with copyrighted works or characters may enjoy trademark protection in Turkey irrespective of whether they are registered there. The aim of this approach is to prevent third parties from profiting from infringing trademarks.
DOJ memorandum provides clarified guidance on corporate inability-to-pay claims
Hogan Lovells- White Collar Crime
- USA
- 11 November 2019
The US Department of Justice (DOJ) has issued a new guidance memorandum entitled "Evaluating a Business Organisation's Inability to Pay a Criminal Fine or Criminal Monetary Penalty". This memorandum aims to provide greater clarity, transparency and uniformity as to how the DOJ's Criminal Division evaluates companies' claims that they cannot pay a proposed criminal fine or monetary penalty.
TRAB releases statistical analysis on 2018 trademark administrative cases
Wanhuida Intellectual Property- Intellectual Property
- China
- 11 November 2019
The Trademark Review and Adjudication Board (TRAB) has released analysis of its decisions that were challenged before the courts in 2018. In addition to this analysis, the TRAB has provided comments on the admissibility of evidence in cancellation cases based on non-use for three consecutive years. This article provides an in-depth overview of the TRAB's findings.
Can Congress speed biosimilars to market by limiting patent litigations?
Venable LLP- Intellectual Property
- USA
- 11 November 2019
Thus far, biosimilar uptake has been low in the United States, with market shares for most biosimilars under 10%. Given the cost-saving potential, trying to increase biosimilar uptake has been high on Congress's agenda and there are many bills pending before it dealing with issues from a variety of angles. But will they actually help to bring biosimilars to market more quickly?
California attorney general releases proposed CCPA regulations
Hogan Lovells- Tech, Data, Telecoms & Media
- USA
- 08 November 2019
The California attorney general recently released proposed regulations to implement certain provisions of the California Consumer Privacy Act (CCPA). The attorney general also released a notice of proposed rulemaking and an initial statement of reasons that provide drafting insights and outline considerations that will likely continue to guide the rulemaking process. The proposed regulations provide clarifications for businesses and consumers in five key CCPA areas, including privacy notice requirements.
Miscellaneous Tariff Bill process now underway: don't miss the chance to lower your duty payments
Arent Fox LLP- International Trade
- USA
- 08 November 2019
The US International Trade Commission (ITC) recently began accepting petitions as part of the 2019 Miscellaneous Tariff Bill process. Under this process, a member of the public may request that Congress temporarily eliminate or reduce duty on an imported article for three years. Petitions are due no later than 10 December 2019 at 5:15pm Eastern Standard Time via the ITC online portal.
PBoC proposes new rules to regulate collection and processing of personal financial information
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 08 November 2019
The People's Bank of China recently issued the Trial Measures for the Protection of Personal Financial Information/Data (Preliminary Draft) to relevant commercial banks in order to solicit their opinions. It has been reported that under the trial measures, banks and other financial institutions will be unable to obtain personal financial information from third parties that are illegally engaged in personal credit investigation activities.
Granting of security interests in Switzerland
Meyerlustenberger Lachenal- Banking
- Switzerland
- 08 November 2019
Until recently, Swiss regulations had no direct impact on the country's corporate lending market or the documentation of corporate loans. However, the increased capital and liquidity requirements that apply to banks in Switzerland have led to an increased focus on the collateral aspects of lending transactions to ensure that particular transactions can be treated as secured for regulatory purposes. This article provides an overview of the forms of security interest that can be taken over assets in Switzerland.
GDPR versus PSD II – right of access to information versus charges for information
Schima Mayer Starlinger- Banking
- Austria
- 08 November 2019
The Federal Administrative Court recently confirmed that a credit institution had violated its obligations under the EU Data Protection Regulation by refusing to provide its customer access to information – at no cost – on specific payment transactions effected in the previous five years. Consumer protection organisations and the Austrian press celebrated the decision, but on closer inspection, those cheers seem to have been uttered a little too early and the celebrants' expectations appear to have been a little too high.
Can transactions 'by steps' circumvent merger control rules?
AnJie Law Firm- Competition & Antitrust
- China
- 07 November 2019
A violation of the notification or standstill obligation is commonly called 'gun jumping' and can have significant legal consequences. This article examines Canon's acquisition of Toshiba Medical and the legal consequences of gun jumping in China, as well as the risks of implementing a transaction 'by steps' to circumvent the standstill rules. Recent strengthened enforcement measures are also briefly examined.
Family matters: why the world's wealthiest are setting up family offices in Jersey
Ogier- Private Client & Offshore Services
- Jersey
- 07 November 2019
Wealth is increasing exponentially among some of the world's richest families to the extent that, for many of these families, it makes commercial sense to set up their own bespoke family office to look after their key operations – and they are increasingly looking to Jersey as the place to do it. There are a range of factors as to why Jersey is becoming a jurisdiction of choice for families across the world looking to set up such an operation, including global economic shifts and Jersey's expertise and personnel.
