Latest updates

Court examines refusal to deal in private antitrust litigation against Tencent
AnJie Law Firm
  • Litigation
  • China
  • 23 October 2018

The Shenzhen Intermediate People's Court recently issued its judgment in the private antitrust litigation brought by domestic software company Shenzhen Micro Source Code Software Development Co Ltd (SMSCSD) against tech giant Tencent. SMSCSD had alleged that Tencent possessed a dominant position in the China mainland market for mobile instant messaging and social platform services and had abused this dominance by blocking its WeChat Official Accounts and engaging in discriminatory practices.

Cheers to interprovincial trade: first application of Supreme Court of Canada's decision in R v Comeau
Dentons
  • Litigation
  • Canada
  • 23 October 2018

The Alberta Court of Queen's Bench recently struck down successive mark-ups on out-of-province craft beer as barriers to interprovincial trade contrary to Section 121 of the Constitution Act 1867. This is the first decision to apply the Supreme Court of Canada's interpretation of Section 121 as developed in R v Comeau. Further, this is the first decision in recent Canadian legal history to declare a legislative provision unconstitutional for violating Section 121.

Think before you blink: court halts cross-border requests without consideration
  • Litigation
  • British Virgin Islands
  • 23 October 2018

The BVI courts have again stepped in to ensure that proper thought and process is applied to requests made by foreign governmental bodies. In the first case of its kind to successfully challenge the exercise of the attorney general's powers under the Criminal Justice (International Cooperation) Act, the BVI High Court held that the attorney general is required to do more than rubber stamp the requests received under the act.

Supreme Administrative Court takes stricter approach to interpretation of earlier trademark use
L&L-Leaven, Attorneys-at-Law
  • Intellectual Property
  • Taiwan
  • 22 October 2018

In a recent administrative litigation case regarding a trademark opposition, the Supreme Administrative Court expressed an important view on the adoption of the anti-squatting clause. Compared with previous decisions, the court took a stricter approach to the interpretation of earlier trademark use. Claimants asserting unregistered rights under this clause must demonstrate that the unregistered earlier mark was used in the ordinary course of trade and in accordance with common transaction practices.

Submission of supplementary experimental data in patent practice
Wanhuida Peksung
  • Intellectual Property
  • China
  • 22 October 2018

The submission of experimental data after the filing date (also known as post-filing data) in support of the patentability of inventions has long been debated in the Chinese patent community. While opinions are divided in this regard, post-filing data provided by the applicant or patentee may serve as useful evidence if an invention is challenged for substantive defects.

Patent and Market Court rules on global retransmissions of TV broadcasts
Advokatfirman Lindahl
  • Intellectual Property
  • Sweden
  • 22 October 2018

On the ever-growing market for streaming services and online access to TV broadcasts, illegal services are common and sometimes difficult to shut down due to their technical complexity and the multi-jurisdictional scope of the infringing activities. The Patent and Market Court recently held three persons liable for global retransmissions of TV broadcasts, sentencing them to prison and awarding rights holders significant compensation for damages.

New milestones to combat climate change
  • Environment & Climate Change
  • Netherlands
  • 22 October 2018

The government is working hard to achieve its climate goals and has set new milestones to implement a carbon price floor, a climate agreement and the Climate Act. Further, in a landmark judgment, The Hague Appeal Court recently ordered the government to do more to combat climate change. The appeal court's judgment is unprecedented and may serve as a wake-up call for other governments worldwide.

USMCA versus NAFTA: what's changed and what it means for intellectual property in Canada
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • 22 October 2018

After more than one year of negotiations, Canada recently reached a new free trade agreement with Mexico and the United States. Among other things, the US-Mexico-Canada Agreement has updated the North American Free Trade Agreement's IP chapter in order to modify the landscape for pharmaceuticals and for patent, copyright and trademark owners. While Canada is already compliant with many of the new agreement's provisions, a number of the changes may have an impact on its IP laws.

Taking care of bullies
KISCH IP
  • Intellectual Property
  • South Africa
  • 22 October 2018

Rights holders often threaten to enforce their rights against others as a scare tactic while knowing that actually enforcing them would not be that simple. A prime example of this is when rights holders threaten third parties with a patent or design infringement action despite knowing that their patent or design is not necessarily valid or that the third party has a valid excuse for the alleged infringement. Fortunately, in South Africa aggrieved parties can defend themselves against these so-called 'infringement bullies'.

Limits of protection of geographic names
Danubia Patent & Law Office LLC
  • Intellectual Property
  • Hungary
  • 22 October 2018

An application was filed to register the term #lovetokaj for goods and services. The Hungarian Intellectual Property Office (HIPO) refused to register the sign for goods, holding that the geographic name Tokaj, which is reputed and therefore cannot be registered as a trademark for wines, cannot be used for other products either. However, the Metropolitan Tribunal disagreed and ordered the HIPO to repeat its examination procedure.

New regulations promote issuance of panda bonds
Jingtian & Gongcheng
  • Banking
  • China
  • 19 October 2018

The People's Bank of China and the Ministry of Finance recently issued the Interim Measures for the Administration of Bond Issuance by Overseas Institutions in the National Inter-bank Bond Market. Among other things, the new measures further clarify the qualification, application procedure, bond issuance, registration, custody and settlement and information disclosure requirements for overseas institutions that issue so-called 'panda bonds'.

Insolvency and Economic Rehabilitation Law introduced
  • Insolvency & Restructuring
  • Israel
  • 19 October 2018

This update has been removed on request by the contributing firm.

Redressing the balance: banks owe no contractual duty to customers in respect of regulator-mandated reviews
Allen & Overy LLP
  • Banking
  • United Kingdom
  • 19 October 2018

A recent decision gave Court of Appeal endorsement to a raft of similar first-instance decisions regarding banks' contractual duties to customers in respect of regulator-mandated reviews. The decision provides helpful comfort for banks when agreeing remedial action with the Financial Conduct Authority that they ought not to be exposing themselves to private actions from customers in respect of their review, provided that third-party rights are excluded.

Tax returns: when does prescription commence to run?
Cliffe Dekker Hofmeyr
  • Corporate Tax
  • South Africa
  • 19 October 2018

The Supreme Court of Appeal recently had to determine whether an assessment issued for secondary tax on companies (STC) in respect of a dividend cycle ending in February 2007, which had been levied under the Income Tax Act, had prescribed in accordance with the Tax Administration Act. The key issue for consideration was whether the Tax Administration Act had prohibited the South African Revenue Service from issuing the assessment for STC in respect of that dividend cycle.

Think before you blink: court halts cross-border requests without consideration
Harney Westwood & Riegels
  • Private Client & Offshore Services
  • British Virgin Islands
  • 18 October 2018

The BVI courts have again stepped in to ensure that proper thought and process is applied to requests made by foreign governmental bodies. In the first case of its kind to successfully challenge the exercise of the attorney general's powers under the Criminal Justice (International Cooperation) Act, the BVI High Court held that the attorney general is required to do more than rubber stamp the requests received under the act.

Non-signatory to arbitration: right to appeal under Section 37
Khaitan & Co
  • Arbitration & ADR
  • India
  • 18 October 2018

The Bombay High Court recently issued a landmark ruling regarding third parties' right to challenge interim measures granted by an arbitral tribunal under the Arbitration and Conciliation Act. The ruling is a welcome reprieve for non-signatories to arbitration proceedings in situations where disputes between arbitrating parties have a bearing on their rights and interests, as well as a step towards balancing innocent parties' interests.

How Guernsey is benefiting from global M&A boom
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 18 October 2018

A variety of factors are fuelling a sustained boom in M&A activity around the world, including a number of mega-deals across a variety of sectors. Irrespective of deal size, a wide range of positive factors has driven deal volume. All of this is good news for the financial services community in Guernsey, which is seeing significant growth in work as a result – not least law firms with experienced M&A teams.

Product liability claims: Faisal v Younis shows scope of product liability law
Burges Salmon LLP
  • Product Regulation & Liability
  • United Kingdom
  • 18 October 2018

The High Court recently held that a retail store owner was jointly liable with a product manufacturer for an accident that had occurred at his store. The existence of joint and several liability has long been criticised for creating disproportionate liability because it arguably places insured companies at greater risk. Suggested reforms have included the introduction of proportionate liability and a statutory capping regime on insurance claims.

Another failed attempt by Indian government to set aside arbitral award before courts
Shearn Delamore & Co
  • Arbitration & ADR
  • Malaysia
  • 18 October 2018

In 2005 the Indian government unsuccessfully applied to the Malaysian courts to set aside a partial award issued by the arbitral tribunal. In 2014 the Indian government issued the defendants with a notice to show cause, prompting the defendants to request the tribunal to be reconvened since there was a dispute on the quantification of sums payable. The tribunal granted the final award and the Indian government applied to the Malaysian High Court to set it aside.

Standard setting in roofing felt business was not by object infringement
Gorrissen Federspiel
  • Competition & Antitrust
  • Denmark
  • 18 October 2018

The Competition Appeals Tribunal recently rendered a decision in a case concerning the possible coordination of conduct regarding industry standards in the roofing felt business. The tribunal remitted the case to the Competition Council for renewed assessment because of an insufficient by object assessment. The so-called 'by object box' has been widely debated among legal professionals in Denmark and the rest of the European Union.

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