Latest updates

CNSF sets out requirements for fintech ventures in insurance industry
Hogan Lovells BSTL SC
  • Insurance
  • Mexico
  • 28 May 2019

The National Insurance and Bonding Commission recently amended the Sole Insurance and Bonding Rules to include the process for securing a temporary authorisation to operate as a regulated company in the insurance sector using 'technologically novel models' (ie, tools or technological media that do not exist in the market and help in the rendering of financial services). This process aims to allow start-ups to offer and test novel models without having to fully comply with the applicable legal framework.

Insurance Supervision Act partially revised
Badertscher Attorneys at Law
  • Insurance
  • Switzerland
  • 28 May 2019

The Insurance Supervision Act regulates the federal supervision of insurers and insurance intermediaries in Switzerland. Since its enactment in 2006, it has been subject to only selective amendments. However, developments in recent years have made partial revisions to the act necessary. Therefore, the Federal Council recently issued a consultation draft and invited interested parties to submit their comments.

Appeal court rules on shareholders' right to file claims against companies, chairs and directors
Farran Law Firm
  • Litigation
  • Lebanon
  • 28 May 2019

In a notable decision, the Beirut Appeal Court highlighted the requirements that shareholders must meet in order to submit claims against their company or its chair or directors. In its decision, the court held that while shareholders' personal rights are protected by their ability to challenge their company's management through an individual or company action, their claims should be restricted to damage which they have personally suffered and limited to their participation in the company.

Alberta Court of Appeal confirms directors are personally liable for injuries sustained at work
Dentons
  • Litigation
  • Canada
  • 28 May 2019

The Alberta Court of Appeal has revisited the question of directors' personal liability for injuries sustained in a workplace incident. The key question was whether a corporate representative was personally liable for damage resulting from their own tortious conduct while acting as a representative for the corporation. As the applicable tests for determining personal liability remain unclear, this will continue to be a difficult issue for directors to navigate.

Economic duress: when is a threat not an (illegitimate) threat?
RPC
  • Litigation
  • United Kingdom
  • 28 May 2019

The Court of Appeal recently examined the circumstances in which a threat not to enter into a contract can amount to economic duress and found that, broadly speaking, it is when pressure is exerted in bad faith. The main thread running through the court's decision is the need for clarity and certainty in contract law, particularly in commercial dealings.

Red Bull doesn't always give you wings: trademark applicant defeated by energy drink giant
Danubia Patent and Law Office LLC
  • Intellectual Property
  • Hungary
  • 27 May 2019

An applicant filed to register the combination word mark R.E.D. RÓNA ENERGY DRINK, which was opposed by the owner of the RED BULL mark. The applicant argued that there was no likelihood of confusion, as the term 'Róna' (ie, plain) was the distinctive element of the applied-for mark. However, the Metropolitan Tribunal disagreed, finding that the central element of the applied-for mark was the acronym 'R.E.D.'.

High-efficiency cogeneration support system takes shape
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 27 May 2019

The Act on Promoting Electricity from High-Efficiency Cogeneration recently entered into force. It establishes support mechanisms for combined heat and power (CHP) installations connected to district heating networks, which will replace the previous support scheme that expired at the end of 2018 and was based essentially on certificates of origin for energy from CHP installations.

Overview of registered designs: what you need to know
KISCH IP
  • Intellectual Property
  • South Africa
  • 27 May 2019

The Designs Act (195/1993) gives the proprietor of a registered design control over it for a limited period. This control is not aimed at protecting an underlying concept, but rather at the appearance of a product embodying the design. This article discusses (among other things) proprietor rights, the difference between aesthetic and functional designs and the costs involved in registering a design.

New oncology initiative and Health Canada study on biosimilar drugs
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • 27 May 2019

The new pan-Canadian Oncology Biosimilars Initiative aims to ensure appropriate implementation and cost-effective use of therapeutic oncology biosimilars. Separately, Health Canada recently announced that it is collaborating with the Drug Safety and Effectiveness Network on a project to study patients with certain diseases who are taking biologic drugs. The study aims to compare the safety and effectiveness of biosimilar drugs to the reference biologic drug.

Watch out! Patent and Market Court of Appeal finds watch protected by copyright
Westerberg & Partners Advokatbyrå Ab
  • Intellectual Property
  • Sweden
  • 27 May 2019

For the first time, the Patent and Market Court of Appeal has confirmed that a watch can be protected by copyright as a work of applied art, even in a crowded design field. The decision enables rights holders to not only pursue counterfeits on the basis of trademark infringement, but also to prosecute copycat watch models on the basis of copyright protection in physical and digital environments.

Proposed amendments to Patents Ordinance
Vellani & Vellani
  • Intellectual Property
  • Pakistan
  • 27 May 2019

In order to integrate and upgrade Pakistan's IP infrastructure and improve its services, public awareness and IP enforcement, the Intellectual Property Office recently proposed draft amendments to the Patents Ordinance. The proposed amendments, which aim to align the ordinance with the Intellectual Property Organisation of Pakistan Act, standardise office practices and streamline procedures, have been published on the office's website for public comment but have yet to be finalised.

Trademark Law revised to combat squatters and counterfeiters
Wanhuida Peksung IP Group
  • Intellectual Property
  • China
  • 27 May 2019

In 2018 the China Trademark Office launched a consultation for the fourth revision of the Trademark Law, which will enter into force in November 2019. The revision focuses on two important issues: the proliferation of trademarks, which was one of the main issues on which comments were submitted, and enforcement actions against infringers, which are considered insufficiently deterrent. As the new law was promulgated in such a hurry, further explanation and information on how it will be implemented is necessary.

Filing fee for certificates of supplementary protection now increased
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • 27 May 2019

In accordance with Section 9(1) of the Certificate of Supplementary Protection (CSP) Regulations, the fee for filing a CSP recently increased. This article sets out a number of important reminders relating to CSPs and annual maintenance fees.

Applicants beware! IMPI's new notification procedure is a trap
Becerril, Coca & Becerril SC
  • Intellectual Property
  • Mexico
  • 27 May 2019

The 2018 changes to the Mexican patent system are not looking promising for patent prosecution. By way of the amendments, the Mexican Institute of Industrial Property has implemented a new system whereby it will issue official communications to applicants through its Official Gazette instead of personally or by certified mail. Applicants should exercise extreme caution in order to avoid a loss of rights due to a failure to monitor and identify issued office actions.

Court expresses concern with government's outsourcing of corporate internal investigations
Hogan Lovells
  • White Collar Crime
  • USA
  • 27 May 2019

A court has expressed concern with the government's "routine outsourcing" of investigations to the targets of those investigations seeking cooperation credit. The court noted the corporate target's "uniquely coercive position" over its employees, who may also be potential targets of the investigation. The decision may profoundly affect the structure and scope of cooperation agreements between the government and the corporate targets of criminal investigations.

Further amendments to VAT e-services regulations enter into force
Cliffe Dekker Hofmeyr
  • Corporate Tax
  • South Africa
  • 24 May 2019

Revised regulations clarifying the e-services supplied by foreign suppliers to South African consumers which are subject to value added tax were proposed in 2018, which significantly broadened the scope of e-services. In the 2019 Budget Review, the minister of finance announced that further amendments would be made to the e-services regulations to address certain oversights. The regulations came into effect on 1 April 2019.

Switzerland adopts new corporate tax reform
Walder Wyss
  • Corporate Tax
  • Switzerland
  • 24 May 2019

Swiss voters recently approved a new corporate tax reform, which will set the basis for new rules on Swiss corporate taxation and secure and enhance Switzerland's overall attractiveness as a business location. The reform includes a patent box, an R&D super deduction and a notional interest deduction for high-tax cantons. There are also substantial non-tax (revenue-raising) measures and new provisions on social security contributions.

Department of State considering strict origin rules for jewellery
Arent Fox LLP
  • International Trade
  • USA
  • 24 May 2019

Fashion accessory and luxury goods importers of fine and costume jewellery containing gemstones or precious metals should be aware of a proposal being considered by Department of State (DOS) officials. According to the DOS, providing US consumers with information regarding the origin of raw materials used in jewellery is important in the fight against abusive regimes. In light of these developments, importers should begin to review their supply chains to understand how their goods could be affected.

Beyond FERPA: CCPA's new rules for privacy in education sector
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 24 May 2019

In 2018 California passed the California Consumer Privacy Act (CCPA), which seeks to give consumers additional safeguards regarding their personal information. The CCPA will become effective in January 2020 and may impact companies in the education sector, including large education technology companies. Regulated educational entities should be wary of the CCPA's key requirements, including the deletion of consumers' personal information on request.

MIIT cracks down on intrusive telemarketing and misuse of personal information
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 24 May 2019

Following the Chinese Central TV Station's (CCTV's) broadcast of the 3.15 programme in 2019, the Ministry of Industry and Information Technology decided to crack down on telephone harassment and strengthen the protection of personal information in the telecoms and internet sectors. The CCTV will broadcast 3.15 on 15 March each year in order to reveal company activities which infringe consumer rights and interests.

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