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04 August 2020
Antony Sassi A COVID-19 update

Hong Kong - RPC

Since the general adjourned period (GAP) ended on 3 May 2020, when the courts resumed normal business in Hong Kong, reported cases of COVID-19 infection have approximately tripled. At the time of writing, Hong Kong is experiencing a 'third wave' of infections. The next few weeks appear to be crucial in ascertaining whether the rate of infection will ease – failing which court users face the possibility of another GAP, during which the courts could close again save for urgent and essential court business.

Authors: Antony Sassi, David Smyth
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Mathieu Laurent Unforeseeability theory developments in aftermath of COVID-19 crisis

Luxembourg - Luther SA

To counterbalance the negative economic impact that the COVID-19 lockdown measures have triggered, Luxembourg has introduced several regulatory and legislative measures to limit or at least mitigate the financial difficulties that many businesses may face in order to avoid bankruptcy. This article highlights the unforeseeability theory, which has not been used much in previous case law, but could be useful in the context of the unfolding COVID-19 pandemic.

Authors: Mathieu Laurent, Marie Romero, Robert Goerend
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Bahari Yeow Tien Hong Utility innovation infringement and invalidation disputes

Malaysia - Gan Partnership

In general, when an individual asks "how can I protect my invention?", only one answer comes to mind: patents. While this is not wrong, most individuals are unaware of the patent's lesser-known sibling – the utility innovation. Utility innovations are commonly known as 'minor' or 'petty' patents. Much like patents, owners of a granted utility innovation have exclusive rights to exploit said utility innovation for 20 years. This article examines a recent case concerning a utility innovation.

Authors: Bahari Yeow Tien Hong, Alex Choo Wen Chun, Sonali Nadkarni
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Ben Reinders Temporary Deferral of Payments Act 2020 introduced to protect companies from bankruptcy

Netherlands - AKD

Despite the impact of the COVID-19 outbreak on legal matters and company wellbeing, creditors still have the same remedies at their disposal to recover unpaid debts and the Dutch courts are generally handling bankruptcy petitions and requests for pre-judgment attachment in the same way. However, this will likely change soon, as in June 2020 the minister for legal protection published a preliminary draft of the Temporary Deferral of Payments Act 2020 for online consultation.

Author: Ben Reinders
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