Latest updates

A Rose by Any Other Trademark...
Becerril, Coca & Becerril SC
  • Intellectual Property
  • Mexico
  • January 08 2001

Although the Mexican Industrial Property Law does not allow patent protection for plant varieties, a new law on plant varieties provides protection for breeders of new plant species.

NAFTA Arbitral Award to be Set Aside?
Borden Ladner Gervais LLP
  • Arbitration & ADR
  • Canada
  • January 11 2001

Mexico has applied to the Supreme Court of British Columbia for an order setting aside the award of an arbitral panel constituted under Chapter 11 of the North American Free Trade Agreement (NAFTA). This chapter permits individual investors of a NAFTA party to require that certain investment disputes be resolved through arbitration.

Court Considers Test for Leave to Appeal
Borden Ladner Gervais LLP
  • Arbitration & ADR
  • Canada
  • January 11 2001

In a case governed by domestic arbitration law, the Court of Appeal for British Columbia held that where leave to appeal is sought from an arbitral award on grounds of an error of law, the applicant need only show that the merits of the proposed appeal have sufficient substance to warrant the appeal proceeding.

Court Confirms that Strangers are not Bound
Borden Ladner Gervais LLP
  • Arbitration & ADR
  • Canada
  • January 18 2001

The Court of Appeal for British Columbia has affirmed that arbitration agreements do not bind strangers to the agreement without the stranger's consent. In so ruling, the court dismissed an argument that a labour arbitrator's jurisdiction extended beyond the terms of a collective agreement to encompass conduct in the administration of the agreement.

Court Affirms Validity of Award
Borden Ladner Gervais LLP
  • Arbitration & ADR
  • Canada
  • January 18 2001

The Saskatchewan Court of Queen's Bench has affirmed that a valid arbitral award (interim or final) is an award that conclusively and completely determines a matter submitted to arbitration, leaving nothing more to be done than to carry out its terms.

Arbitrator may Suspend Notice of Non-Renewal
Borden Ladner Gervais LLP
  • Arbitration & ADR
  • Canada
  • January 25 2001

The Ontario Superior Court of Justice has held that an arbitrator has the power to make an interlocutory award suspending a notice of non-renewal of an employment contract.

New Legislation on Right to Revoke Franchise Agreements
Noerr LLP
  • Franchising
  • Germany
  • February 06 2001

This update sets out the conditions under which a consumer is entitled to revoke a franchising contract, and how this may be effected.

Playing the Name Game
Becerril, Coca & Becerril SC
  • Intellectual Property
  • Mexico
  • February 12 2001

Because of the nature of the Mexican pharmaceutical industry, it is often very difficult to tell whether a drug is protected by a patent. As a result of this confusion, patent infringements – both accidental and deliberate – are common.

Delay in Challenging Biased Expert
Tavernier Tschanz
  • Arbitration & ADR
  • Switzerland
  • February 22 2001

In a recent case a claimant challenged an arbitral award on the ground that a tribunal-appointed expert was prejudiced. The Swiss Supreme Court dismissed the challenge because the claimant had waived the objection, as it did not raise the issue immediately upon learning of the grounds.

Eagerly Awaited Stamp Duty Exemptions Become Law
Meyerlustenberger Lachenal
  • Banking
  • Switzerland
  • March 09 2001

Parliament has moved to ease the tax burden on Swiss securities dealers engaged in securities transactions. Subject to certain conditions, Swiss dealers no longer owe one-half of the transfer stamp tax for certain parties which are also involved in a transaction.

International Companies Act Revamped
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • April 12 2001

The International Business Companies Act 2000 has repealed the International Business Companies Act 1989. There is a 180-day transition period for all existing Bahamian international business companies to comply with the act.

Anti-Money Laundering Code Comes Into Force
Harney Westwood & Riegels
  • Private Client & Offshore Services
  • British Virgin Islands
  • April 19 2001

A recent G7 report confirms the British Virgin Islands' cooperation in several anti-money laundering schemes. This report, along with new anti-money laundering legislation, demonstrates the territory’s determination to remain an unattractive jurisdiction for money laundering.

Banking Laws Updated
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • May 03 2001

New legislation has given the Central Bank of the Bahamas the power to assist and cooperate with overseas regulatory authorities, in order to help international financial service regulators to exercise their functions. Meanwhile, a second law introduces stricter regulation of banks and trust companies.

Trigger Event Triggers Arbitration
Borden Ladner Gervais LLP
  • Arbitration & ADR
  • Canada
  • May 03 2001

In a recent case the first respondent alleged that a trigger event and an offering of shares by one shareholder to the other had occurred. At arbitration the Ontario Arbitration Act applied and the court referred to the United Nations Commission on International Trade Law Model Law.

New Facilities Unveiled in Geneva
Tavernier Tschanz
  • Arbitration & ADR
  • Switzerland
  • May 03 2001

The Chamber of Commerce and Industry of Geneva recently inaugurated facilities available to hold arbitration hearings in Geneva. The rental charge per day is Sfr700, which includes a fully equipped hearing room suitable for up to 20 people, as well as two breakout rooms for the parties.

Conditions for International Administrative Assistance
Meyerlustenberger Lachenal
  • Banking
  • Switzerland
  • May 25 2001

The Federal Supreme Court recently had to decide whether the Swiss Federal Banking Commission could grant administrative assistance to the French commission for stock exchange activities. On the basis of this case the court defined the conditions under which Swiss authorities may submit confidential information to foreign authorities.

Regulatory Framework for Financial Service Providers Updated
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • May 31 2001

Recent legislation provides for the licensing and regulation of certain financial and corporate services in The Bahamas. It specifies which parties are authorized to provide these services, and sets out the criteria for obtaining a licence and the duties of licensees.

New Law to Extend the Scope of Litigation
Becerril, Coca & Becerril SC
  • Intellectual Property
  • Mexico
  • June 11 2001

A new Mexican Industrial Property Law is due to be enacted, which will improve the ways in which industrial property can be protected through litigation.

Protecting a Patent
Becerril, Coca & Becerril SC
  • Intellectual Property
  • Mexico
  • June 11 2001

Recent changes in the law have improved the status of industrial property in Mexico. This update outlines ways in which patentees can enforce their patents.

Proving Use of a Trademark
Becerril, Coca & Becerril SC
  • Intellectual Property
  • Mexico
  • June 11 2001

This update discusses the conditions surrounding trademark renewals, and the steps that trademark holders must take in order to maintain their trademark.

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