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Punitive damages highlighted in new judicial interpretation on food safety
Wanhuida Intellectual Property
  • Intellectual Property
  • China
  • 01 March 2021

The Interpretation on Several Issues Concerning the Application of Laws in the Trial of Civil Cases Involving Disputes over Food Safety (I) recently came into force. The 14-article interpretation sets out the scenarios in which various parties will be held liable and the level of compensation liability that they will assume. This article explores some of the interpretation's key takeaways, including with respect to e-commerce and parallel imports.

Trademark co-ownership finally possible in Brazil
Montaury Pimenta, Machado & Vieira de Mello
  • Intellectual Property
  • Brazil
  • 01 March 2021

The Brazilian Trademark Office recently took an important step towards fully implementing the Madrid Protocol by approving the trademark co-ownership regime for national applications and registrations. This article outlines some of the most important points that trademark practitioners should consider when dealing with applications and registrations under a co-ownership regime in Brazil.

Regulating RES storage
Rokas Law Firm
  • Energy & Natural Resources
  • Greece
  • 01 March 2021

The Ministry of Environment and Energy recently issued a decision on the formation of a working group which will prepare a proposal for the ministry on adopting the legal framework for the development and participation of electricity storage units in the electricity markets and the capacity mechanism. The decision appointed the working group members and provided that they may invite others to participate or provide an opinion.

Protection of photographic works
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • 01 March 2021

With the development of technology, cameras and mobile phones now have various built-in shooting modes or parameters that enable photographers to shoot different scenes quickly. Traditionally, photographers would have had to adjust the parameters themselves. Notably, in two recent decisions the IP Court ruled that photographic works taken using built-in shooting modes or parameters can meet the Copyright Act's requirements for creativeness (originality).

New gender quotas for publicly listed companies and transparency rules for commodity sector enter into force
Badertscher Attorneys at Law
  • Corporate & Commercial
  • Switzerland
  • 01 March 2021

On 1 January 2021, as part of the new corporate governance regulations, the new provisions regarding gender quotas and transparency rules for the commodity sector entered into force. Consequently, listed companies should elect more women to boards of directors and executive boards and stricter transparency rules will apply to commodity companies.

What lies beneath – ground risk and site conditions
Fenwick Elliott Solicitors
  • Projects, Construction & Infrastructure
  • United Kingdom
  • 01 March 2021

Unforeseen site conditions cause delay and cost overruns for projects of all sizes. Who takes the risk for unforeseen ground or site conditions encountered by a contractor carrying out works on site and what is the standard negotiated position? Unfortunately, the answer is often as varied as the types of condition that are encountered on site, but it usually starts with all parties looking at the contractor.

Trademark procedure and practice FAQs: post-registration stage
Abdulai Taiwo & Co
  • Intellectual Property
  • Nigeria
  • 01 March 2021

In Nigeria, a registered trademark becomes vulnerable to cancellation if there has been no genuine use of the mark during a continuous period of five years or more. To prove genuine use, the mark must have been used as a trademark in the market and the owner must not simply be hoarding the rights to the mark. This article answers FAQs about the post-registration stage of the Nigerian trademark procedure.

Free-will principle in compulsory transfer of shares in limited liability companies
CMS Albiñana & Suárez de Lezo
  • Corporate & Commercial
  • Spain
  • 01 March 2021

In several decisions, the Department of Legal Affairs has outlined the limits of the free-will principle for shareholders when setting the procedure and requirements for the preferential rights for purchasing shares in attachment cases. In a recent case concerning a bylaw relating to the applicable regime for transfers arising from the seizure of a company's shares, the department's decision allows for reflection on the true scope of the free-will principle for shareholders with respect to the compulsory transfer of shares.

Promotion of patented inventions during COVID-19 pandemic
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 01 March 2021

Despite the ongoing COVID-19 pandemic, authorities continue to promote the development of new technologies that contribute to resolving societal challenges and are properly registered in the patent system. Registering a patent guarantees the inventor's exclusivity rights; however, universities, research centres and the scientific community have free access to patents.

Key changes under Foreign Contribution (Regulation) Amendment Act
Clasis Law
  • Corporate & Commercial
  • India
  • 01 March 2021

The central government recently notified the Foreign Contribution (Regulation) Amendment Act. The amendment act aims to strengthen organisations' compliance mechanisms, enhance transparency and accountability in the use of foreign contributions and prevent the misuse of funds received from foreign contributions by certain organisations and instead promote the use of such funds by genuine non-governmental organisations which are working to improve the welfare of society.

Two wrongs don't make a right: unlicensed contractors can pursue designers for negligence
Bradley Arant Boult Cummings LLP
  • Projects, Construction & Infrastructure
  • USA
  • 01 March 2021

The North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. The case emphasises that contractors should ensure that they comply with state licensing laws before bidding a project and that designers should note when contractors performing work on their projects obtain the necessary licences.

CBP FAQs on Xinjiang forced labour: due diligence requirements for apparel and tomato importers
Arent Fox LLP
  • International Trade
  • USA
  • 26 February 2021

Following the region-wide withhold release orders (WROs) against cotton and tomato products produced in China's Xinjiang Uyghur Autonomous Region (XUAR), Customs and Border Protection (CBP) has provided XUAR-specific FAQs. The FAQs clarify CBP's approach to enforcement of the WROs and publish its requirements to satisfy the burden of proof to evidence that goods were not produced with forced labour. However, underlying challenges remain.

Automotive industry: global players face tightened US trade rules
Arent Fox LLP
  • International Trade
  • USA
  • 26 February 2021

The growing role that international trade rules are playing has led many corporate leaders to look beyond regularly imposed tariffs. Recent additions to trade agreements include deep-reaching requirements on non-tariff issues, such as labour provisions, which have become intrusive to the entire supply chain – and none more so than the automotive parts industry. This article examines what is in store for the automotive industry under the Biden administration.

Key trends in offshore dispute resolution
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 25 February 2021

This article looks at key trends in offshore dispute resolution, including the major developments in the Cayman market in 2020 and how the COVID-19 pandemic has affected court timetables for disputes work. It also looks at opportunities in the market around assets which have been devalued as a result of the COVID-19-induced economic downturn.

Do three rights make a wrong? Private party challenging consummated merger can obtain divestiture years later
Baker & Miller PLLC
  • Competition & Antitrust
  • USA
  • 25 February 2021

For the first time, a private party has successfully challenged an acquisition and obtained an order requiring a divestiture of a company that had been acquired years before the case was filed. In a highly anticipated decision, a court of appeals has affirmed that order. The decision serves as a stark reminder of the antitrust litigation risk that the acquiring party to a transaction faces, potentially even years after the transaction closes.

Netherlands confronted with €1.4 billion ICSID claim in first Dutch investor-state arbitration
Freshfields Bruckhaus Deringer LLP
  • Arbitration & ADR
  • Netherlands
  • 25 February 2021

A German electricity generation company recently filed a request for arbitration against the Netherlands at the International Centre for Settlement of Investment Disputes. The application is based on the Dutch government's decision to phase out coal for electricity generation. The company has invoked an investor-state dispute settlement clause in the Energy Charter Treaty, which the European Union co-signed on behalf of the Netherlands. This marks the first investment arbitration against the Netherlands.

New commitment mechanism turns the tide in ongoing investigations
ELIG Gurkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 25 February 2021

In June 2020 Law 7246 Amending the Law on the Protection of Competition entered into force and introduced significant changes to Turkish competition law, including with regard to the commitment mechanism. The mechanism aims to address anti-competitive effects in a timely and effective manner and save time and red-tape costs incurred by both the Turkish Competition Authority and undertakings subject to investigation.

Registering a foreign power of attorney
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 25 February 2021

If a person holds assets in Jersey, they may wish to appoint someone who can manage those assets in the event that they should lose capacity to such an extent that they can no longer do this themselves. At present, there is no facility for such individual to put a local Jersey lasting power of attorney in place to cover their Jersey-based assets. Instead, the Royal Court will recognise the foreign power of attorney, provided that power of attorney is registered with the court.

Directors' role in ensuring that overseas companies are and remain non-UK resident for tax purposes
Forsters LLP
  • Private Client & Offshore Services
  • United Kingdom
  • 25 February 2021

Directors of non-UK-incorporated, non-UK tax resident companies which have some connection with the United Kingdom have an important role in ensuring that the company in question does not become UK tax resident. The Court of Appeal recently held that a Jersey-incorporated company with a majority of Jersey-based directors was UK resident. Although the facts of the case were unusual, the judgment provides some useful pointers as to what went wrong for the company and how it could have done better.

LCIA Rules 2020: key changes
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 25 February 2021

The new London Court of International Arbitration (LCIA) Rules 2020 came into force on 1 October 2020 and apply to all LCIA arbitrations commencing from that date onwards. The amendments are an attempt to streamline and modernise the LCIA rules. This article discusses the key changes introduced by the new rules and their likely impact on parties.

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