Latest updates

Recent case law on compulsory licences and use-up periods
Simmons & Simmons LLP
  • Healthcare & Life Sciences
  • Germany
  • 11 December 2019

According to Section 24(1) of the German Patent Act, a compulsory licence can be granted to a patent infringer. Recent case law suggests that this possibility is becoming increasingly relevant. Further, in a recent originator-originator pharma case, the enforcement of a recall obligation was for the first time suspended for a certain period for public health reasons.

Marketing authorisation holder lacks standing to challenge off-label prescription for unlicensed products
Westerberg & Partners Advokatbyrå Ab
  • Healthcare & Life Sciences
  • Sweden
  • 11 December 2019

The Swedish system for medicinal products is generally product based. Prescriptions as such are product based (ie, by brand name or generic product name) and the indication for which the product is intended cannot be filled in anywhere by the prescriber. Off-label prescriptions are therefore not generally possible in the 'official' prescription system. However, when it comes to accessing unlicensed medicinal products, the system for licences on a named-patient basis works differently.

PMPRB releases draft guidelines operationalising amended Patented Medicines Regulations
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 11 December 2019

The Patented Medicines Prices Review Board recently released new draft guidelines for consultation and a backgrounder. The new guidelines aim to operationalise the amended Patented Medicines Regulations, which come into force on 1 July 2020, and provide a number of circumstances in which categories or price ceilings may be reassessed.

Superior Labour Court rules out simultaneous use of hazard allowance and risk premium
CGM Advogados
  • Employment & Benefits
  • Brazil
  • 11 December 2019

The Labour Code provides for two payments which eligible employees can receive in addition to their base salary: the hazard allowance and the risk premium. Since 2015, the Superior Labour Court panels have issued conflicting decisions on whether employees can receive the hazard allowance and the risk premium simultaneously. Now, the Superior Labour Court has determined that the additional payments cannot be received simultaneously, even if employees are exposed to different adverse conditions.

Constitutionality of 5% interest rate payment rule under Press Labour Law
Gün + Partners
  • Employment & Benefits
  • Turkey
  • 11 December 2019

The Constitutional Court recently found that the requirement for employers to pay interest at a rate of 5% for each day that a journalist's overtime payments remain outstanding conflicts with the Constitution. The court ruled that this requirement places an excessive burden on employers and may result in journalists' unjustified enrichment. Therefore, the court repealed the provision on the grounds that it breached the principles of proportionality and equality.

Election manifestos – what are the main parties pledging on employment issues?
Lewis Silkin
  • Employment & Benefits
  • United Kingdom
  • 11 December 2019

Despite the dominance of Brexit, employment issues are one of the main election battlegrounds for all of the major political parties. There is a particular focus on current hot topics, including insecure work and the gig economy, the gender (and other) pay gaps and new mechanisms for enforcing employment rights. This article covers the key employment measures that have been proposed by the Conservatives, Labour, the Liberal Democrats, the Green Party and the Scottish National Party.

Oral contract does not prevent agent from being paid in circumstances not catered for in contract
RPC
  • Litigation
  • United Kingdom
  • 10 December 2019

​In a recent case, the Court of Appeal held that an oral contract for a specified introduction fee payable to an agent if a property sold at a particular price did not prevent the agent from being remunerated when that property was sold for a lesser sum (despite the contract being silent on the matter). However, the sum awarded by the court was significantly lower than the introduction fee specified in the contract.

Assessment of costs in District Court out of date
RPC
  • Litigation
  • Hong Kong
  • 10 December 2019

The monetary jurisdiction for civil cases heard by Hong Kong's busy District Court was significantly increased in December 2018. In light of this, the District Court now determines more complex and important civil cases. Therefore, a good case can be made for the abolition of the so-called 'Two-Thirds Rule'. If this is a step too far, a legislative provision should be implemented that provides judges with a wide and flexible discretion to depart from the rule where appropriate in all the circumstances.

Does Interest Rate Restriction Act apply to corporate bonds?
Nagashima Ohno & Tsunematsu
  • Capital Markets
  • Japan
  • 10 December 2019

Interest rates applicable to loans made in Japan are subject to the Interest Rate Restriction Act, which is Japan's usury law. For decades, legal experts and others questioned whether this regulation also applied to corporate bonds, thereby affording bond issuers the same protections against high interest rates as those enjoyed by borrowers. This longstanding question appears to have been resolved by a recent Tokyo District Court judgment.

Enforcement of foreign rulings against Supreme Court state ruling
Pérez-Llorca
  • Litigation
  • Spain
  • 10 December 2019

The Supreme Court recently ruled in a case concerning two elements of international law: state immunity from enforcement and declarations of enforceability. This ruling is significant because it states that the only precedent on the topic of enforcement immunity is a 2005 decision and because it applies the United Nations Convention on Jurisdictional Immunities of States and Their Property, which is not yet in force. The ruling is also significant with regard to its interpretation of an 'enforceability declaration'.

FDI in insurance intermediaries – an update
Tuli & Co
  • Insurance
  • India
  • 10 December 2019

The Insurance Regulatory Development Authority of India (IRDAI) recently notified the Indian Insurance Companies (Foreign Investment) Amendment Rules 2019 and the IRDAI (Insurance Intermediaries) (Amendment) Regulations 2019, which have introduced additional conditions with which insurance intermediaries that have a majority shareholding of foreign investors must comply. The regulations have brought much-needed clarity, but the insurance industry's reaction remains to be seen.

PMPRB releases draft guidelines to operationalise amended Patented Medicines Regulations
Smart & Biggar
  • Intellectual Property
  • Canada
  • 09 December 2019

The Patented Medicines Prices Review Board recently released new draft guidelines for consultation and a backgrounder. The new guidelines aim to operationalise the amended Patented Medicines Regulations, which come into force on 1 July 2020, and provide a number of circumstances in which categories or price ceilings may be reassessed.

Liability regime for online counterfeiting
Deriş Patents and Trademarks Agency
  • Intellectual Property
  • Turkey
  • 09 December 2019

Turkey has adopted a number of regulations to combat online counterfeiting and determine internet service provider responsibilities. However, the current system is inconsistent due to the different interpretations of whether counterfeiting falls within the scope of Article 9 of the Internet Law.

Fraud investigations arising from arbitral proceedings
Sofunde Osakwe Ogundipe & Belgore
  • White Collar Crime
  • Nigeria
  • 09 December 2019

The High Court of England and Wales recently granted claimants in an arbitration leave to enforce an award against the Nigerian Ministry of Petroleum Resources. The media attention surrounding the decision prompted the Nigerian government to respond in a manner that has been described as unusual. One thing is clear: allegations of involvement in fraudulent conduct in matters relating to government contracts in Nigeria should not be unexpected.

Does appointment of former partner of client's audit firm to client's audit committee impair audit quality?
Cooley LLP
  • Company & Commercial
  • USA
  • 09 December 2019

Studies of former partners of audit firms who have assumed management positions at audit clients have raised concerns, at least pre the Sarbanes-Oxley Act, about potentially lower audit quality, perhaps reflecting audit firms' reluctance to challenge aggressive accounting decisions made by their former partners. But what happens when a former partner joins the audit client's audit committee?

New relationship between collective, certification and individual multi-use marks
IP Law Galli
  • Intellectual Property
  • Italy
  • 09 December 2019

Following the implementation of the EU Trademark Directive in February 2019, there has been much debate in Italy over how to manage and choose between collective marks, individual multi-use marks and certification marks. While the new IP regime offers new opportunities, it also requires a careful review of existing regulations and a case-by-case verification of whether a collective mark can be maintained or whether it must be transformed into a certification mark.

New state internet provider established
Hogan Lovells BSTL SC
  • Tech, Data, Telecoms & Media
  • Mexico
  • 06 December 2019

A new state-owned company has been established to provide free internet services to all citizens in Mexico. The company aims to provide telecoms services without charge and guarantee the right of access to information technologies and communication (including internet and broadband), particularly to people without access to such services in Mexico.

Draft rules on collection of personal data by apps revised
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 06 December 2019

The App Governance Panel recently published a new draft of the Information Security Technology – Basic Specification for Collecting Personal Information in Mobile Internet Applications. Among other things, the new draft sets out requirements for apps that contain third-party codes or plug-ins which can collect personal data and revises the list of 'necessary' personal data for a variety of apps.

New DLT/blockchain regulatory framework ready for parliamentary deliberations
Meyerlustenberger Lachenal
  • Banking
  • Switzerland
  • 06 December 2019

The Federal Council recently adopted a dispatch on the further improvement of the framework conditions for distributed ledger technology (DLT) and blockchain. The proposal aims to increase legal certainty, remove barriers for DLT-based applications and reduce the risk of abuse. This federal legislation, which is designed as framework legislation, proposes specific amendments to nine existing federal acts, covering both civil and financial market law.

Digital tax developments
Fischer Behar Chen Well Orion & Co
  • Corporate Tax
  • Israel
  • 06 December 2019

This article has been removed at the request of the contributing firm.

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