Latest updates

Fire safety and tall buildings – recent cases
Fenwick Elliott Solicitors
  • Projects, Construction & Infrastructure
  • United Kingdom
  • 28 September 2020

Surprisingly, while everyone is aware of the issues which the construction industry has had post-Grenfell with cladding and fire barriers, recent cases before the courts have resulted in claimants, for the most part, failing to recover any compensation. This article looks at the reasons why.

Stop in the name of releases, before they break your claims
Bradley Arant Boult Cummings LLP
  • Projects, Construction & Infrastructure
  • USA
  • 28 September 2020

Given the uncertainty that COVID-19 has brought to federal projects, it is imperative now more than ever that contractors preserve rights to potential claims at all turns. Fortunately, with careful reading and documentation, contractors can satisfy the government's desire for releases while preserving their claims. A recent Armed Services Board of Contract Appeals decision is yet another caution for any contractor that signs a release without preserving claims.

FERC sows some confusion as to interconnection jurisdiction for QFs that are exclusively DER aggregation participants
Steptoe & Johnson LLP
  • Energy & Natural Resources
  • USA
  • 28 September 2020

One would think that the issue of jurisdiction over interconnections to distribution facilities of resources selling wholesale power could not get more complex. Order 2222 proves that it could. Specifically, qualifying facility interconnections to distribution, an area where jurisdiction was previously relatively clear, has been muddled a bit.

Challenges when pursuing partial division of Cyprus company
Solsidus Law
  • Corporate & Commercial
  • Cyprus
  • 28 September 2020

A reorganisation by partial division has many benefits, especially in an economy where corporate reorganisations may be the sole means of survival for larger businesses and organisations. For this reason, it is important that professionals and businesspeople alike are aware of the existence of the procedure and the possible ways in which it may benefit their business.

Laboratoire de la Mer and Omega Pharma in disguised trademark infringement claim procedure
GEVERS
  • Intellectual Property
  • Belgium
  • 28 September 2020

In a dispute leading to a recent Ghent Company Court decision, Laboratoire de la Mer and Omega Pharma made a claim against – in their opinion – confusingly similar packaging for nasal sprays commercialised by Febelco and Axone Pharma. It is unclear whether Laboratoire de la Mer and Omega Pharma will take stock and appeal the court's decision. Irrespective of their decision to appeal, it is advisable to continuously reflect on the most appropriate type of IP protection for any intellectual creation.

Parody – fair dealing versus infringement
Saikrishna & Associates
  • Intellectual Property
  • India
  • 28 September 2020

Various jurisdictions provide protection to parodies under the doctrines of fair use and fair dealing. However, the lack of a concrete definition of 'fair dealing' under Indian law creates various pitfalls regarding the term's legal interpretation. Copyright does not protect ideas but only the specific form of expression of the same. Arguably, a definition of parody, outlining its scope and limitations and balancing these competing rights, may be a solution to this issue.

Counter-reform: latest developments in battle that has become war
Ramos, Ripoll & Schuster
  • Energy & Natural Resources
  • Mexico
  • 28 September 2020

The new federal government has taken many actions in an effort to prioritise the Federal Commission of Electricity, Mexico's state-owned power company, over other participants in the open electricity market implemented by the 2013 to 2014 energy reform. Now, despite multiple promises from the president that Mexico's energy legislation would not be reformed, his party has announced a legislative plan to embark on a new energy reform.

Landmark judicial interpretation promulgated in patent administrative cases
Wanhuida Intellectual Property
  • Intellectual Property
  • China
  • 28 September 2020

The Supreme People's Court recently promulgated the Provisions on Several Issues Concerning the Application of Laws in Adjudicating Administrative Cases Involving Granting and Affirmation of Patent Rights, which is the first judicial interpretation concerning the trial of patent administrative cases. This article summarises the judicial interpretation's main points.

Patentee protection strengthened in series of revisions to patent law
NAM & NAM
  • Intellectual Property
  • South Korea
  • 28 September 2020

In South Korea, the low amount of damages awarded by the courts in patent infringement cases has long been criticised. To address this, a treble damages system (implemented in July 2019) and an improved method for calculating the amount of damages (to be implemented on 10 December 2020) have been introduced. This article looks at these changes in detail, as well as a proposed law revision to improve evidence collection.

Supreme Court denies copyrightability of Georgia code annotations
Venable LLP
  • Intellectual Property
  • USA
  • 28 September 2020

A recent Supreme Court decision may seem like it boiled down to an esoteric argument over the correct interpretation of a series of cases decided in the 19th century – and it did – but the ramifications of the decision will be felt in 2020 and beyond. The court, by a slim five-to-four majority, held that the annotations in Georgia's official code are not copyrightable.

Not all pun and games: Federal Court not amused with cannabis company's brand parody
Smart & Biggar
  • Intellectual Property
  • Canada
  • 28 September 2020

A recent Federal Court decision illustrates the danger of adopting a mark or name inspired by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for those in burgeoning industries, such as Canada's cannabis industry, which may wish to piggyback on an established brand's goodwill and reputation.

8 important life sciences IP issues for innovators doing business in Canada
Smart & Biggar
  • Intellectual Property
  • Canada
  • 28 September 2020

The US-Canada border is the longest border between any two countries and US goods and services trade with Canada totalled an estimated US$718.5 billion in 2018, possibly the largest bilateral trade volume between two individual countries. Given the extensive integration of the Canadian and US economies, US life sciences companies can expect to have Canadian business interests. This article highlights eight life sciences IP issues of importance for innovators doing business in Canada.

United Kingdom takes major step towards membership of Trans-Pacific free trade area
Baker McKenzie
  • International Trade
  • United Kingdom
  • 25 September 2020

The Department for International Trade recently announced that the United Kingdom has taken a major step in the process of joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, one of the world's largest and most dynamic free trade areas. The partnership includes ambitious agreements on digital trade, data, financial, professional and business services, all of which are areas where the United Kingdom is a global leader and stands to benefit from more trade.

Recent tax ruling provides for priority technological enterprise status for cloud services
Fischer Behar Chen Well Orion & Co
  • Corporate Tax
  • Israel
  • 25 September 2020

The Tax Authority recently published a tax ruling addressing priority technological enterprise status with respect to an Israeli company that engages in the development and provision of cloud service platforms. The ruling provides that, subject to the Investment Law, income derived from the right to use a company's cloud platforms will be classified as income generated by a technological enterprise and, therefore, will be entitled to the Investment Law's reduced tax rates.

COVID-19 update: CDC order temporarily halts residential evictions nationwide until 31 December 2020
Cadwalader Wickersham & Taft LLP
  • Real Estate
  • USA
  • 25 September 2020

In response to the COVID-19 pandemic, the federal government, as well as many states, has enacted eviction and foreclosure moratoriums in an effort to keep homeowners and renters in their homes and slow the spread of COVID-19. Citing concerns with the continued spread of COVID-19, the Centre for Disease Control and Prevention recently issued a new order temporarily halting residential evictions nationwide until 31 December 2020 (unless extended).

Telecoms surveillance legislation: Federal Administrative Court rules instant messaging app not a telecoms service
Walder Wyss
  • Tech, Data, Telecoms & Media
  • Switzerland
  • 25 September 2020

The Federal Administrative Court (FAC) recently issued a ruling concerning the status of instant messaging app Threema from a telecoms surveillance legislation perspective. The consequences of the FAC's ruling, if upheld by the Federal Supreme Court, would exonerate many over-the-top service providers (typically instant messaging and voice call providers) from certain obligations under telecoms legislation. However, businesses active in the telecoms area should nonetheless remain cautious.

Power to the people: recent guidance on Section 104 of Community Empowerment (Scotland) Act
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 25 September 2020

In a recent judicial review appeal, the Inner House considered the application of Section 104 of the Community Empowerment (Scotland) Act, which deals with consultation in respect of disposing and changing the use of common good property. The petition was for judicial review of the Angus Council's decision to demolish a leisure centre which had been erected on common good land.

Goods from China under heavy forced labour scrutiny
Arent Fox LLP
  • International Trade
  • USA
  • 25 September 2020

The Department of Homeland Security through US Customs and Border Protection (CBP) recently issued new withhold release orders (WROs) aimed at entities involved in the import, downstream manufacturing or sale of certain apparel, cotton, hair products and computer parts. As the WROs were backdated, they may adversely affect merchandise that is currently being shipped to the United States or which is already in CBP's custody.

Taiwanese 5G operators receive 'clean' 5G status
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 25 September 2020

All five Taiwanese 5G operators were recently listed as 'clean' 5G networks by the United States. The National Communications Commission has welcomed this international collaboration and commented that similar programmes previously applied to Taiwan 4G networks and kept Chinese hardware companies such as Huawei and ZTE out of Taiwan's 4G infrastructure.

Shenzhen proposes local data protection regulations to protect data rights
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 25 September 2020

The Justice Bureau of Shenzhen Municipality recently issued the Data Regulations of Shenzhen Special Economic Zone for public opinion. The draft regulations define the concept of 'data rights' for the first time and set out the ownership of personal and public data. According to the draft regulations, no organisation or individual may infringe on natural persons' data rights in accordance with the law.

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