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Court rules that parking of goods trailer on lit roadside constitutes gross negligence
WSCO Advokatpartnerselskab
  • Shipping & Transport
  • Denmark
  • 27 January 2021

The Maritime and Commercial Court recently determined whether a Danish carrier was liable for the theft of €172,000 worth of toys which had been stolen from a subcarrier's trailer while it was parked at night. In its decision, the court considered whether the parking spot complied with the safety arrangements set out in the transport agreement.

Navigating floating LNG projects – hints and tips for owners
Wikborg Rein
  • Shipping & Transport
  • International
  • 27 January 2021

Often the procurement of a floating asset will be on a public or private competitive procurement basis and vessel owners will be asked to compete with others in the market. This article explores some of the key issues facing vessel owners when bidding for and negotiating floating liquefied natural gas projects, whether for floating liquefaction or floating storage and regasification units.

Withdrawal of wreck removal order following consideration of proportionality
Wikborg Rein
  • Shipping & Transport
  • Norway
  • 27 January 2021

In a recent administrative appeal decision, the Norwegian Coastal Administration (NCA) Head Office reversed the wreck removal order issued by the NCA Emergency Response Centre in respect of a cargo ship which sank in northern Norway in 2017. The decision confirms that the pollution authorities will consider the proportionality of the measures ordered when exercising their administrative discretion.

Court considers claim to money in court once injunction discharged
RPC
  • Litigation
  • Hong Kong
  • 26 January 2021

The High Court recently allowed a defendant's application for the release to him of a sum of money paid into court by the plaintiffs in order to fortify an asset freezing injunction that the plaintiffs had obtained against (among others) the defendant. The case reviews some interesting legal issues with regard to Quistclose trust claims in the context of payments into court. It also draws attention to the status of money paid into court for the purpose of fortifying an undertaking as to damages once that purpose becomes spent.

Who has the right to sue a consultant?
Gan Partnership
  • Litigation
  • Malaysia
  • 26 January 2021

As cashflow is crucial for main contractors in any ongoing construction project, prompt and expeditious payments by the employer are often expected. However, if the main contractor is dissatisfied with the payment certificate, can the main contractor sue the consultant for negligence? The Court of Appeal recently addressed this question and unanimously upheld a high court decision in dismissing a main contractor's claim against a consultant.

Business shutdown insurance and COVID-19: update on the most controversial topic of 2020
Arnecke Sibeth Dabelstein
  • Insurance
  • Germany
  • 26 January 2021

The first court decisions concerning business shutdown insurance are now available. The key questions in this respect include whether COVID-19 qualifies as a communicable disease, whether a business that has ceased business operations on a small scale (eg, which now offers only delivery services) qualifies as being 'shut down', and how loss will be calculated and what benefits or compensation insurers must ultimately provide depending on actual loss.

When is an error a serious irregularity? Court demonstrates approach to correcting arbitration awards
RPC
  • Litigation
  • United Kingdom
  • 26 January 2021

The High Court recently found that a tribunal's admission of a simple computational error, and its refusal to correct it, was a serious irregularity that caused substantial injustice. Based on this, the court remitted an arbitration award back to the tribunal for correction. This is an interesting case; it is rare for Section 68 challenges to be successful and even rarer for an English court judge to find that there has been a serious irregularity that caused or would cause substantial injustice in such a straightforward manner.

Revamped debenture regime – SEBI's latest amendments
AZB & Partners
  • Banking & Financial Services
  • India
  • 26 January 2021

The Securities and Exchange Board of India recently issued several amendments and clarificatory circulars in respect of debenture issuance in India in order to enhance the transparency of disclosures by issuers, strengthen the role of debenture trustees (DTs) and protect the interests of investors. These changes reflect a paradigm shift with respect to the role envisaged for DTs, while issuers are also now subject to a much stricter regime.

Insurance regulatory round-up: 2020
Tuli & Co
  • Insurance
  • India
  • 26 January 2021

With the widespread impact of the COVID-19 pandemic and several regulatory changes having been introduced (as well as proposed) by the Insurance Regulatory and Development Authority of India, 2020 was a busy year for the Indian insurance sector. This article provides an overview of some of the key developments.

Federal Court continues trend of granting summary judgment in appropriate patent proceedings
Smart & Biggar
  • Intellectual Property
  • Canada
  • 25 January 2021

In a recent case, the Federal Court granted summary judgment in favour of the plaintiff in respect of its patent impeachment action. This decision further demonstrates the Federal Court's recent willingness to grant summary judgment in patent cases in appropriate circumstances. Accordingly, it appears that in certain cases, summary judgment may be a viable option to resolve patent disputes more expeditiously while avoiding the costs of a full patent trial.

Superior Court of Justice confirms criminal conviction for wholesale and retail sale of fake garments
Grau & Angulo
  • Intellectual Property
  • Spain
  • 25 January 2021

In an October 2020 judgment the Civil and Criminal Section of the Superior Court of Justice of Madrid largely dismissed the brief of appeal filed by the defendant against the convictional judgment, by which the Provincial Court of Madrid had sentenced him to a two-year prison sentence, a fine and payment of the damage compensation and legal costs of private prosecution for the commercialisation of products that infringed Adidas's Community trademarks and designs.

Erroneous charging inconsistent with tariff conditions justifies administrative fine
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 25 January 2021

The Supreme Court recently applied Article 56(1)(6) of the Energy Law to clarify when the Polish regulator can impose an administrative fine on an energy company. The Supreme Court dealt with a situation where the tariff applied was contrary to the conditions specified therein. This verdict will have an important impact on similar administrative proceedings against trading companies.

Stricter conditions for strategic investments in RES
Rokas Law Firm
  • Energy & Natural Resources
  • Greece
  • 25 January 2021

A new law has amended the conditions for the approval of, and narrowed down the renewable energy source (RES) projects which may be accepted as, investments of strategic interest. Henceforth, only investments of at least €50 million in projects which use technological innovations to produce electricity from an RES and have a common connection point to the grid and investments of at least €100 million in projects with a common connection point to the grid may be approved as strategic investments.

Patent Court takes issue with ex officio examination of trial request validity
NAM & NAM
  • Intellectual Property
  • South Korea
  • 25 January 2021

If an invention subject to confirmation is identical to a later-registered patent, a request for a scope confirmation trial will be considered improper as this could result in the later-registered patent's validity being denied without it being subject to an invalidity trial. However, the Patent Court recently ruled that if the IP Trial and Appeal Board ex officio dismisses a scope confirmation trial for this reason but fails to give the parties an opportunity to submit an opinion, such decision would be a procedural violation.

EIAs: grubbing ups and path clearances for overhead electrical power lines to be treated differently
Schoenherr
  • Environment & Climate Change
  • Austria
  • 25 January 2021

When it comes to clearing a path in a forest to construct and operate an overhead electrical power line, electricity grid operators face various legal issues. In its recent decision on the 380kV Salzburg line, the Supreme Administrative Court considered whether the permitting requirements of the Forestry Act stipulated for grubbing ups must also be applied to path clearances in an EIA permitting procedure by reason of EU law.

TIPO issues Q&A on examination practices of new Patent Act
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • 25 January 2021

In 2019 the new Patent Act took effect, setting stricter time limits for parties to propose attack and defence methods in invalidation procedures to avoid delays in and improve the effectiveness of invalidation examinations. Following public confusion, the Taiwan Intellectual Property Office recently issued a Q&A on the examination practices of the Patent Act, to provide more detailed guidance on the interpretation and application of relevant provisions in specific cases. This article summarises the guidance.

Tommy Hilfiger invalidates trademark piggybacking on its iconic flag logo in actual use
Wanhuida Intellectual Property
  • Intellectual Property
  • China
  • 25 January 2021

As a rising fashion brand in China, Tommy Hilfiger has been constantly challenged by an increasing number of copycats. In a recent case, Tommy Hilfiger initiated an invalidation action against a Chinese company's disputed mark and successfully invalidated it on the grounds of prior use and the similarities between the designated goods of the disputed trademark and its cited trademark.

Trade dress protection: a glimpse at the beverage market
Montaury Pimenta, Machado & Vieira de Mello
  • Intellectual Property
  • Brazil
  • 25 January 2021

In Brazil, trade dress protection is supported in several regulations, all under the concept of unfair competition. Trade dress protection has also been widely acknowledged by the courts, and case law has been an important source of its doctrinal foundation. This article looks at trade dress protection in the beverage sector and examines several decisions which have granted such protection for types of beer, vodka and wine.

Maximising value of brands and creative works in challenging times
Venable LLP
  • Intellectual Property
  • USA
  • 25 January 2021

Since the COVID-19 pandemic started, some new trends have emerged among non-profits looking to maximise their brand value. This article outlines strategies that non-profits should consider when working to maximise brand value, conduct a successful rebrand or monitor the use of copyrighted materials.

Budget Law 2021: tax incentive for business combinations
Studio Legale e Tributario Biscozzi Nobili Piazza
  • Corporate Tax
  • Italy
  • 22 January 2021

Parliament recently enacted the Budget Law 2021 which, among other things, enables a portion of deferred tax assets to be converted into a tax credit relating to tax losses carried forward and excess aid to economic growth, accrued up to the fiscal year prior to that in which a business combination occurs. The rule aims to encourage business combinations and more structured and competitive realities on the market, especially in a crisis situation, such as that brought about by COVID-19.

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