Latest updates

Second preliminary injunction request based on amended form of patent dismissed
Grau & Angulo
  • Intellectual Property
  • Spain
  • 18 January 2021

In November 2020 Barcelona Commercial Court 1 dismissed the second preliminary injunction request filed by Sanofi against Mylan in relation to an insulin glargine biosimilar product, concluding that the new alleged circumstances did not justify it. In particular, the decision states that the amended form of the patent does not form the basis for the main proceedings on the merits, where Sanofi's petition is yet to be prosecuted and decided.

Mixed reactions as copyright owners ring in 2021 with CASE Act
Venable LLP
  • Intellectual Property
  • USA
  • 18 January 2021

After years of similar pending legislation, Congress passed the Copyright Alternative in Small-Claims Enforcement (CASE) Act, buried deep in the thousands of pages of the COVID-19 relief bill. The CASE Act is being welcomed with mixed reactions, with some copyright owners excited for an alternative to federal litigation, but also concerned about the opt-out option. Similarly, others who frequently receive copyright claims view this with hesitancy.

Network reserve to become part of congestion management system
Schoenherr
  • Energy & Natural Resources
  • Austria
  • 18 January 2021

With an amendment to the Electricity Industry and Organisation Act passed by Parliament, the network reserve will become part of Austria's congestion management system. The aim of the network reserve is to achieve network stability and security of supply in an efficient and cost-effective manner. Procurement is carried out within the framework of a transparent, non-discriminatory and market-oriented tendering procedure.

Legislative overview 2020: patent law, trade secrets and judicial interpretations
Wanhuida Intellectual Property
  • Intellectual Property
  • China
  • 18 January 2021

During a volatile 2020, China's legislature completed the overhaul of an amendment to patent and copyright law and promulgated varied judicial interpretations and policy documents projected to bring substantial changes to the nation's IP landscape from 2021. These well-coordinated legislative efforts ensure that parties will have detailed rules and criteria to follow and will improve the consistency, predictability and transparency of IP protection in China.

Capital loss coverage postponed until 2025
Grieco e Associati
  • Corporate & Commercial
  • Italy
  • 18 January 2021

Pursuant to Paragraph 266 of the new Budget Law 2021, several duties relating to the mandatory coverage of company losses borne in 2020 have been postponed for five financial years, up until 2025. The new rules ease companies' financial commitments. Similarly, Article 44 of Law 120/2020 has postponed the requirement for a two-thirds qualified majority of stock capital quorum to pass resolutions of extraordinary shareholders' meetings until 30 April 2021.

KIPO measures to prevent online counterfeits
NAM & NAM
  • Intellectual Property
  • South Korea
  • 18 January 2021

According to a Korean Intellectual Property Office (KIPO) press release, the number of reports concerning online counterfeits has increased by 204.4% year-on-year following the increase in online shopping during the COVID-19 pandemic. In response, KIPO has devised a number of measures to more effectively combat the rapidly increasing online distribution of counterfeit products while minimising damage to consumers.

BRPTO anticipates Phase II of Patent Prosecution Highway Programme
Montaury Pimenta, Machado & Vieira de Mello
  • Intellectual Property
  • Brazil
  • 18 January 2021

Ordinance 404 recently came into force, establishing Phase II of the Patent Prosecution Highway (PPH) Programme in Brazil. Phase II was published by the Brazilian Patent and Trademark Office in the last week of 2020 and modifies the limits and requirements for requesting participation in the PPH Programme. With this new phase of the PPH Programme, the previous Resolution 252 (establishing Phase I) has been revoked.

Patent examination pilot programme for start-ups takes effect
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • 18 January 2021

The Taiwan Intellectual Property Office recently announced a patent examination pilot programme for start-ups, effective 1 January 2021. Under the programme, start-ups with research and development capabilities will experience a more active and positive examination process which will enable them to better improve their patent portfolios.

Draft Guidelines on the Construction of a Data Security Standards System in the Telecoms and Internet Industries
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 15 January 2021

In 2020 the Ministry of Industry and Information Technology issued the Guidelines on the Construction of a Data Security Standards System in the Telecoms and Internet Industries for public comment. According to the draft guidelines, the data security standards system for telecoms and internet industries comprises four categories: basic and general standards, critical technology standards, security management standards and critical field standards.

Draft law on tax benefits for activities dedicated to scientific and technological innovation
Rato, Ling, Lei & Cortés Advogados
  • Tech, Data, Telecoms & Media
  • Macau
  • 15 January 2021

The government has issued a draft law on tax benefits for undertaking activities dedicated to scientific and technological innovation. This draft law is a consequence of the Macau Special Administrative Region Policy Address for the Fiscal Year of 2019, particularly in relation to innovation in the areas of technology and smart-city development, and aligns with the goal of transforming the Guangdong-Hong Kong-Macau Greater Bay Area into an international centre of science, technology and innovation.

Federal Council in favour of requiring critical infrastructures to report cyberattacks
Walder Wyss
  • Tech, Data, Telecoms & Media
  • Switzerland
  • 15 January 2021

The Federal Council recently tasked the Department of Finance with drafting a bill which will introduce a cyberattack notification obligation for operators of critical infrastructure. The draft will appoint a central reporting office and provide uniform criteria for all sectors in order to clarify how the reporting procedure would work. This step forward represents a key point of implementation of the national strategy for the protection of Switzerland against cyber risks.

Key changes to Foreign Trade General Rules
Ramos, Ripoll & Schuster
  • International Trade
  • Mexico
  • 15 January 2021

The Tax Administration Service recently published the Third Resolution of Modifications to the Foreign Trade General Rules 2020. This article sets out the key changes in this respect, which concern suspension from the importer registries, requests to rectify a pedimento form, commercial information numbers and fines.

FCC's new foreign ownership review rules set to take effect
Arent Fox LLP
  • International Trade
  • USA
  • 15 January 2021

For the first time, the Federal Communications Commission (FCC) will have formal rules governing the process for Team Telecom review of licence applications involving foreign ownership. However, the FCC declined to adopt exclusions for applications that have undergone review by the Committee on Foreign Investment in the United States (CFIUS) on the grounds that CFIUS review analyses distinct foreign ownership concerns.

Updated transfer pricing documentation requirements
Studio Legale e Tributario Biscozzi Nobili Piazza
  • Corporate Tax
  • Italy
  • 15 January 2021

A new provision establishes the requirements for the suitability of transfer pricing documentation. In order to align the domestic transfer pricing framework with the Organisation for Economic Cooperation and Development standards, the provision updates the rules relating to the content of transfer pricing documentation, which must be prepared in order to support the application of the arm's-length principle to intercompany transactions.

New insolvency and restructuring measures due to COVID-19 pandemic
Augusta Abogados
  • Insolvency & Restructuring
  • Spain
  • 15 January 2021

Due to the continuation of the COVID-19 pandemic, the government has approved Royal Decree-Law 34/2020 on urgent measures to support business solvency and the energy sector in tax matters (RDL 34/2020). RDL 34/2020 affects the solvency support available to companies and introduces new, urgent measures in the finance and insolvency sectors. This article summarises these measures.

Trump and Congress pave way for potential delisting of publicly traded Chinese companies
Arent Fox LLP
  • International Trade
  • USA
  • 15 January 2021

President Trump recently signed into law the Holding Foreign Companies Accountable Act, which aims to increase oversight of Chinese companies listed on US stock exchanges and force the delisting of those that refuse to comply with US audit inspection requirements. This bipartisan legislation was motivated by longstanding US frustrations over China precluding inspections of locally conducted audits of Chinese companies.

Cash rebate and tax relief for production of audiovisual works
A & K Metaxopoulos & Partners Law Firm
  • Tech, Data, Telecoms & Media
  • Greece
  • 15 January 2021

In recent years there has been a remarkable effort to make Greece an attractive destination for the production of audiovisual works (eg, films, TV series and video games). The most important initiatives in this respect are the cash rebate state aid scheme, which covers 40% of eligible production costs, and the tax relief incentive, which covers 30% of eligible production costs.

Not just a rubber stamp: principles for liquidators to get decisions blessed by Royal Court
Ogier
  • Insolvency & Restructuring
  • Guernsey
  • 15 January 2021

The Royal Court recently brought an end to an important chapter in a long-running dispute regarding control of the exploration and exploitation of the oil and gas reserves of Georgia. This judgment makes it clear that liquidators can approach the court to approve a significant decision that they have taken to enter into a transaction and that such decision is akin to a Public Trustee v Cooper blessing of a momentous decision in a trusts context.

Future Hungarian 'superbank' exempted from merger control scrutiny
Schoenherr
  • Competition & Antitrust
  • Hungary
  • 14 January 2021

The planned merger of three banks into a new Hungarian bank holding (a so-called 'superbank') was announced in Spring 2020. Normally, such a merger would require competition authority approval. However, the government has issued a decree exempting the superbank's merger from competition scrutiny. The government held that the measure was required from a public interest standpoint in order to boost the Hungarian financial sector's competitiveness.

Antitrust indictments for employer restraints against employees
Baker & Miller PLLC
  • Competition & Antitrust
  • USA
  • 14 January 2021

In December 2020 the Antitrust Division of the US Department of Justice (DOJ) indicted an individual employer owner, for the first time, for agreeing with a competing owner to reduce the wages that their workers were being paid. Moreover, on 5 January 2021 the DOJ indicted a corporation for conspiring with two competing employers to allocate a medical employment market by agreeing not to solicit each other's senior employees. These rapid-fire developments are of critical importance to all companies.

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