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Insurers' contractual obligations in case of fraudulent claims
BADERTSCHER Rechtsanwälte AG
  • Insurance
  • Switzerland
  • 25 September 2018

Under the Insurance Contract Act, insurers are not bound by a contract if, for deception purposes, the insured party incorrectly notifies or conceals facts from the insurer which would exclude or reduce the insurer's obligation to provide indemnification. Insurers can therefore refuse payment and withdraw from such contracts. The Federal Supreme Court recently confirmed this to be true even if an insured party does not make false statements directly to the insurer, but rather to a medical doctor who confirms their inability to work.

DPA's strict view on retention periods
Schoenherr Attorneys at Law
  • IT & Internet
  • Austria
  • 25 September 2018

The Austrian Data Protection Authority (DPA) recently published its first decision on retention periods following the enactment of the General Data Protection Regulation. The decision is final. The DPA had to decide how long a telecoms service provider must retain so-called 'master data' – that is, data required for the controller's legal relationship with the users of its services.

Heks'nkaas: advocate general's opinion on copyrighting tastes unpalatable for Levola
AKD NV
  • Litigation
  • Netherlands
  • 25 September 2018

In May 2017 the Arnhem-Leeuwarden Appellate Court referred questions regarding which kinds of object can be classified as copyrightable works to the European Court of Justice (ECJ). The case addresses the interesting question of whether certain tastes can be protected under copyright law (the specific taste for which protection was sought was Levola's popular cheese product Heks'nkaas). Advocate General Wathelet recently advised the ECJ not to allow tastes to be granted copyright protection.

Lower threshold for staying proceedings pending appeal
Gan Partnership
  • Litigation
  • Malaysia
  • 25 September 2018

Following a recent Court of Appeal decision on staying proceedings pending appeal, the test as to whether a stay ought to be granted under Section 44 of the Courts of Judicature Act has been simplified (ie, it now focuses on whether the true purpose of the stay is to preserve the integrity of the appeal). The new threshold to obtain a stay is considerably lower than that of the special circumstances rule under Section 73 of the Courts of Judicature Act.

New law on court enforcement of European account preservation orders
Luther SA
  • Litigation
  • Luxembourg
  • 25 September 2018

The EU European Account Preservation Orders (EAPO) Regulation states that attachment orders must be enforced through the courts in accordance with the procedures applicable to the enforcement of equivalent national orders in the member state of enforcement. As Luxembourg's existing legislation proved to be poorly adapted to the execution of EAPOs, it recently implemented the EAPO Conversion Law in order to introduce a specific court enforcement procedure applicable only to EAPOs.

Alberta Court of Appeal clarifies what the Crown must prove in a general duty offence
Dentons
  • Litigation
  • Canada
  • 25 September 2018

The Alberta Court of Appeal recently provided clarity on what the Crown must prove in a prosecution under the Alberta Occupational Health and Safety Act regarding the failure to ensure the health and safety of workers. The key question before the court was whether the expression "as far as is reasonably practicable for the employer to do so" in the general duty section of the act was part of the physical components of the offence that the Crown had to prove.

Life imprisonment and whole-life imprisonment – a history of Cypriot case law
Elias Neocleous & Co LLC
  • Litigation
  • Cyprus
  • 25 September 2018

Life imprisonment generally does not constitute a whole-life sentence because the prisoner will, in most cases, be eligible for early release after a fixed period set by the court. In exceptionally grave cases, the court may order that life should mean life and that the prisoner should remain incarcerated for the rest of their life. The case of Panagiotis Kafkaris was considered sufficiently serious to merit a whole-life sentence and his release marks the end of a landmark case on this issue in Cyprus.

High Court warns directors to get match fit for new reporting regulations
RPC
  • Litigation
  • United Kingdom
  • 25 September 2018

It is understandable that directors might be reluctant to seek legal advice – be it due to concern about time or cost or a potential conflict of interest if seeking advice internally. However, as a recent case demonstrates, this is a small price to pay to avoid the time and financial cost of a claim, especially when a company's subsequent precarious financial position shines a light on an officer's behaviour and competence.

Outlook for IP and brand owners in the context of China's institutional reform
Wanhuida Peksung
  • Intellectual Property
  • China
  • 24 September 2018

The Central Committee of the Communist Party recently released the Plan on Deepening the Reform of Party and State Institutions, providing insight into how the government will be run in the medium to long term following the State Council's plan to streamline governance. As part of the government overhaul, the State Intellectual Property Office will be restructured to integrate the registration and administrative adjudication responsibility for patents (its existing function), as well as trademarks and geographical indications.

Important amendments to Industrial Property Law: declarations of use
Becerril, Coca & Becerril SC
  • Intellectual Property
  • Mexico
  • 24 September 2018

Various amendments to the Industrial Property Law's trademark chapter recently entered into force. The amendments make a number of important changes, including introducing a requirement for trademark owners to submit a declaration of use within three months from the three-year anniversary of the granting of their mark's registration. If such declaration is not filed within this period, the registration will lapse. Several discussions have taken place in order to clarify the criteria that will apply in this regard.

Share transfers and company exits
Noerr LLP
  • Company & Commercial
  • Russia
  • 24 September 2018

There are a number of restrictions on share transfers in Russia which companies should bear in mind. In addition, companies should be aware of the laws regarding whether minority shareholders can alter or restrict changes to share capital structures, when shareholders must notify changes to their shareholding to a regulatory authority and whether companies can buy back their shares. A number of restrictions also exist with regard to exiting a company.

New milestone for Benelux Convention on Intellectual Property
  • Intellectual Property
  • International
  • 24 September 2018

The long-awaited amendments to the Benelux Convention on Intellectual Property recently entered into force. The convention offers broader protection to reputed trademarks in opposition proceedings. In addition, an administrative procedure for invalidation and revocation before the Benelux Office for Intellectual Property (BOIP) is now available and the Benelux Court of Justice has become the sole jurisdiction for appeals against BOIP decisions.

Eli Lilly's Effient combination use patent found obvious
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • 24 September 2018

The Federal Court recently dismissed Eli Lilly's application for a prohibition order, finding that Apotex's allegation of obviousness of Patent 2,432,644 (the '644 Patent) was justified. The '644 Patent covered the use of prasugrel (Eli Lilly's Effient) in combination with aspirin for diseases caused by thrombus or embolus. Apotex made a number of attacks on the patent's validity, specifically with regard to patentable subject matter, obviousness and sufficiency and overbreadth.

Federal Court dismisses first motion for early dismissal under amended PMNOC Regulations
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • 24 September 2018

The Federal Court recently dismissed the first motion for summary dismissal brought under Section 6.08 of the amended Patented Medicines (Notice of Compliance) Regulations. The underlying action for infringement concerned Amgen Canada's regulatory submission for approval of its biosimilar of Hoffmann-La Roche's Herceptin. Amgen sought to dismiss the action regarding two of the four asserted patents, both of which contained use claims.

Criminal penalties for tax fraud cannot apply to breach of trust allegations
CMS
  • White Collar Crime
  • Germany
  • 24 September 2018

According to the Federal Court of Justice's established case law, the penalty for tax evasion of more than €1 million should generally be imprisonment rather than a suspended sentence. However, the court recently ruled that these principles cannot apply to breach of trust allegations. The decision has significant implications for white collar crime and compliance.

Heks'nkaas: advocate general's opinion on copyrighting tastes unpalatable for Levola
AKD NV
  • Intellectual Property
  • Netherlands
  • 24 September 2018

In May 2017 the Arnhem-Leeuwarden Appellate Court referred questions regarding which kinds of object can be classified as copyrightable works to the European Court of Justice (ECJ). The case addresses the interesting question of whether certain tastes can be protected under copyright law (the specific taste for which protection was sought was Levola's popular cheese product Heks'nkaas). Advocate General Wathelet recently advised the ECJ not to allow tastes to be granted copyright protection.

Does fourth industrial revolution call for sui generis form of IP protection?
KISCH IP
  • Intellectual Property
  • South Africa
  • 24 September 2018

The so-called 'fourth industrial revolution' is in full swing. Fields such as artificial intelligence and additive manufacturing are no longer a thing of the future, but rather an increasing part of everyday life in the form of smart devices, driverless cars and automated assistants. However, it is unclear whether South African IP law is equipped to keep up with the rapid technological developments driving this revolution.

Amendments to collection of electronic evidence procedures
  • White Collar Crime
  • Turkey
  • 24 September 2018

Computers, computer programs and records used by suspects are among the most important evidence for public prosecutors who carry out external investigations relating to white collar crime. There is no definition of 'electronic evidence' in Turkey, but Article 134 of the Code of Criminal Procedure sets out the procedure for searching, copying and seizing computers, computer programs and records. An amendment to Article 134 concerning the collection of electronic evidence procedures was recently published.

Unique application of competition law in registration proceedings
Danubia Patent & Law Office LLC
  • Intellectual Property
  • Hungary
  • 24 September 2018

Trademark owners often allege infringement of both the Trademark Act and the Act on the Prohibition of Unfair Market Behaviour in enforcement proceedings. However, the application of competition law in registration (ie, opposition) proceedings, as demonstrated in a recent case, is new to Hungarian case law. The legal basis for this case law is Section 5(2)(a) of the Trademark Act, which allows the Metropolitan Tribunal to link claims to other laws, including competition law.

New resolution issued on offshore reconnaissance permits and related commercial rights
Beretta Godoy
  • Energy & Natural Resources
  • Argentina
  • 24 September 2018

The Ministry of Energy and Mining recently issued Resolution 197/2018, which details the requirements and procedures relating to obtaining reconnaissance permits and the commercial use of data obtained during reconnaissance activities along the Argentine Continental Shelf. Although the Ministry of Energy and Mining has already granted a number of offshore exploration licences, significant potential for offshore basin exploitation remains.

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