Latest updates

Five steps to avoid insider fraud
  • White Collar Crime
  • Jersey
  • 30 March 2020

Insider fraud is a problem that persists at all levels of society, irrespective of whether the entity has commercial or altruistic motives. This begs the question of what internal controls and procedures employers in any sector can implement to reduce the risk of insider fraud. This article outlines five steps which could significantly reduce the risk for businesses of any size or type.

Solar FIT decommissioning fee
Nishimura & Asahi
  • Energy & Natural Resources
  • Japan
  • 30 March 2020

Since April 2018, the Ministry of Economy, Trade and Industry (METI) has required business operators involved in solar power generation to set aside a certain amount of funds in preparation for the decommissioning of solar power plants. However, as of January 2019, less than 5% of business operators had complied with this rule. As such, METI established a working group to tackle the problems with the discretionary decommissioning reserve regime.

Supreme Court clarifies that relevant contractual provisions can supersede Environmental Code
Advokatfirman Lindahl
  • Environment & Climate Change
  • Sweden
  • 30 March 2020

The Supreme Court recently clarified that Chapter 32 of the Environmental Code can be applied between contracting parties and that it is possible to derogate from those provisions and even exclude their application through contractual provisions. While this ruling confirms that a contracting party can safely rely on terms which modify the liability rules in the Environmental Code, it also highlights the importance of ensuring that such provisions are clearly worded and well understood.

Article 4 of new Trademark Law: an efficient weapon against bad-faith trademark filings
Wanhuida Intellectual Property
  • Intellectual Property
  • China
  • 30 March 2020

The fourth amendment of the Trademark Law came into force on 1 November 2019. The revised Article 4 of the law now states that a "trademark filed in bad faith without intention to use shall be rejected". This modified version is also mentioned in Article 44.1 of the law, which provides that any trademark registered in violation of Article 4 and any trademark registered by fraudulent or unfair means will be declared invalid.

COVID-19 Weekly Report (23-30 March 2020)
International Law Office
  • Energy & Natural Resources
  • International
  • 30 March 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of expert international legal commentators' legislative and regulatory guidance.

Supreme Court clarifies contractual penalties for energy consumers
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 30 March 2020

The Supreme Court recently held that imposing a contractual penalty on energy consumers due to the early termination of a contract for energy supply is prohibited. This latest ruling seems to change the current interpretation of the legal provisions on the possibility of imposing a contractual penalty on acceptance in the case of early termination of a contract which was concluded for a fixed period.

Federal Court of Appeal remands Remicade new use patent decision on anticipation and obviousness
Smart & Biggar
  • Intellectual Property
  • Canada
  • 30 March 2020

In 2018 the Federal Court found that Kennedy's new use patent for infliximab (Janssen's Remicade) was valid and had been infringed by Hospira's biosimilar Inflectra. However, in January 2020 the Federal Court of Appeal released a decision remitting for reconsideration by the trial judge certain issues relating to the validity of Canadian Patent 2,261,630.

Updated trademark rules: electronic filing, applicant email and specimens
Venable LLP
  • Intellectual Property
  • USA
  • 30 March 2020

The US Patent and Trademark Office (USPTO) has enacted a series of rule changes that will have a significant impact on trademark filers. The widest-scale change is the requirement for electronic filing of all submissions to the USPTO. However, additional application and specimen requirements are likely to have a greater effect on applicants, as compared with prior practice.

COVID-19 update
  • Corporate & Commercial
  • Bermuda
  • 30 March 2020

The Bermuda Registrar of Companies and the Bermuda Monetary Authority (BMA) recently issued information on the steps that they have taken to protect the public and ensure the continuity of business in Bermuda as it responds to the coronavirus. The registrar has implemented contingency measures to protect staff and members of the public, while the BMA has activated its business continuity plan and implemented social distancing protocols and remote working options for all external meetings.

COVID-19 Weekly Report (23-30 March 2020)
International Law Office
  • Corporate & Commercial
  • International
  • 30 March 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of expert international legal commentators' legislative and regulatory guidance.

Pirated goods – risks for everyone involved
A & K Metaxopoulos & Partners Law Firm
  • Intellectual Property
  • Greece
  • 30 March 2020

Trading in pirated and counterfeit goods is widespread in many countries, including Greece. As such, the Trademark Law and the Copyright Law set out significant penalties (eg, long-term imprisonment) and high fines for anyone using, exploiting, putting on the market, selling, distributing or possessing with the intent to distribute to the public products that infringe the trademarks or copyrights of third parties.

Capacity Market: consultation on future improvements
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • 30 March 2020

The Department for Business, Energy and Industrial Strategy recently ran its Capacity Market consultation on future improvements. Following the consultation, the government will now seek to make the necessary amendments to the Electricity Capacity Regulations and the Capacity Market Rules, before the prequalification window for the T-4 2024/25 and T-1 2021/22 auctions open in Summer 2020.