Latest updates

EPA proposes to allow aerosol can recycling
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • April 23 2018

The Environmental Protection Agency (EPA) recently announced a proposed rule that would add hazardous waste aerosol cans to the category of universal wastes regulated under the Resource Conservation and Recovery Act. The EPA stated that adding aerosol cans to the universal waste rule will simplify the handling and disposal of the waste for generators and ensure that aerosol cans are sent to the appropriate facilities.

Claims for overhead and profit: Fluor Ltd v Shanghai Zhenhua Heavy Industry Co, Ltd
Fenwick Elliott Solicitors
  • Construction
  • United Kingdom
  • April 23 2018

In a recent judgment in an ongoing dispute about the quality of steel monopiles at an offshore wind farm, a judge had to consider claims for overhead and profit. The plaintiff had claimed a percentage for overheads at a rate of 4%, which the judge was reluctant to accept. While the judge suspected that the plaintiff may well have incurred increased overhead costs as a result of breaches of contract, he was not prepared "to pluck a figure out of the air".

No Section 8 liability for valid and infringed patent in Nexium proceeding
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • April 23 2018

If a patentee is unsuccessful in a prohibition application under the Patented Medicines (Notice of Compliance) Regulations against a generic entrant, but subsequently prevails in an infringement action regarding the same patent, can it be liable for Section 8 damages under the regulations? According to a recent Federal Court decision, the answer appears to be no.

Significance of use in opposition proceedings
Danubia Patent & Law Office LLC
  • Intellectual Property
  • Hungary
  • April 23 2018

Case law clearly demonstrates that opponents in opposition and cancellation procedures must often prove the genuine use of their mark. However, whether online publicity constitutes acceptable proof of use has been the subject of debate. In a recent case, the Metropolitan Tribunal expressly recognised the role of the Internet in commerce and imposed a higher standard of use – namely, evidence of realised sales – as proof of genuine use.

Proving copyright ownership in trademark disputes
Wanhuida Peksung
  • Intellectual Property
  • China
  • April 23 2018

It is acknowledged doctrine that if an accused trademark exhibits substantial similarity to copyrighted works, copyright infringement can be established once the accused has demonstrated access to the copyrighted works, unless the accused can prove that the accused work is the result of its independent creation. Such doctrine applied in a recent Beijing IP Court case, in which the court found that the opposed mark infringed a prior copyright.

Private copying levies on technically independent devices
Advokatfirman Lindahl
  • Intellectual Property
  • Sweden
  • April 23 2018

The Supreme Court has rendered its judgment in a long-running dispute concerning private copying levies on mobile phones with an external memory device. The court found that the right to collect private copying levies extends to devices which consist of two technically independent devices, even if the independent devices are not "especially suited for the production of copies of works for private use" and would thus not be subject to private copying levies if sold individually.

Improved audit mechanism introduced for geographical indications
Deris Attorney At Law Partnership
  • Intellectual Property
  • Turkey
  • April 23 2018

The Industrial Property Code has introduced a number of changes to the protection of industrial property rights in Turkey. In particular, the code has introduced a number of essential changes to the protection of geographical indications (GIs), including a change to the opposition term and audit mechanism and the introduction of a requirement to use a GI logo. The code aims to strengthen the protection of these rights by providing more frequent audits and creating an effective protection mechanism.

Mandamus denied in climate change litigation
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • April 23 2018

The Court of Appeals for the Ninth Circuit has denied without prejudice a Department of Justice request to issue a writ of mandamus and halt the district court proceedings in a case involving a group of child plaintiffs. The plaintiffs have alleged that the US government violated their constitutional rights by refusing to prevent the use of fossil fuels despite the alleged effects of the fuels on global climate change. In the absence of reconsideration or a further appeal, the matter will return to the district court.

Court dismisses Section 8 damages appeal and grants cross-appeal
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • April 23 2018

The Federal Court of Appeal recently issued public reasons for its dismissal of Eli Lilly Canada Inc's appeal of a Federal Court decision that had awarded Teva Canada Limited more than C$70 million under Section 8 of the Patented Medicines (Notice of Compliance) Regulations. Further, the court granted Teva's cross-appeal – which sought to add to its recovery of lost pipefill sales – and an adjustment to account for an underreporting of sales in the data relied on by both parties' experts.

United Kingdom set to strengthen corporate governance of insolvent companies
Taylor Wessing
  • Insolvency & Restructuring
  • United Kingdom
  • April 20 2018

The United Kingdom's corporate governance regime has been stress tested in the past decade and in many respects it has done well. However, in response to certain high-profile corporate collapses which have caused heavy losses for creditors – in particular, individuals and suppliers with little opportunity to protect themselves against losses – and in the spirit of continual improvement, the government recently launched its Insolvency and Corporate Governance consultation.

Sale of real estate by special purpose vehicles
Noerr LLP
  • Real Estate
  • Germany
  • April 20 2018

Transaction structures involving special purpose vehicles, whose main assets after completion of the purchase process consist only of the purchased real estate, are often chosen in Germany. Such structures are used in particular to shield from liability, so that third-party access to the special purpose vehicle's assets is limited. They are also used to facilitate a sale without incurring real property transfer tax for the exit.

Recent developments in PBO arena
Cliffe Dekker Hofmeyr
  • Corporate Tax
  • South Africa
  • April 20 2018

The South African Revenue Service (SARS) recently issued a press release regarding its intention to investigate possible tax non-compliance in the religious sector. According to SARS, the investigation is in response to, among other things, general reports which have suggested that certain religious organisations and leaders are contravening tax laws and enriching themselves at the expense of tax compliance and their altruistic and philanthropic purpose.

IRS funding woes realised? Audit rate at 15-year low
McDermott Will & Emery
  • Corporate Tax
  • USA
  • April 20 2018

A shrinking Internal Revenue Service (IRS) budget has meant that fewer agents are available to make sure that the tax laws are being enforced. In 2017 the audit rate fell to its lowest levels in 15 years, with the chance of being audited falling to 0.6%. There has been movement to get the IRS more funding in the wake of tax reform, but it remains to be seen whether some of those funds will be used to increase its enforcement functions.

First year of economic sanctions under Trump administration
Arent Fox LLP
  • International Trade
  • USA
  • April 20 2018

In its first year, the Trump administration has tackled sanctions issues involving Cuba, Iran, North Korea, Russia, Sudan and Venezuela, as well as individuals involved in human rights abuses and corruption. In some cases, the result has been forced by Congress; in others, the president has 'made good' on campaign promises. Most have involved the heightened rhetoric and threats characteristic of Trump's presidency, but the rhetoric has often outpaced the actual action.

Enforcement of Luxembourg pledge: key takeaways from recent court decision
NautaDutilh
  • Banking
  • Luxembourg
  • April 20 2018

A recent Luxembourg District Court judgment has confirmed the well-established, flexible and creditor-friendly environment offered by the Collateral Act. The court ruled that the enforcement of a pledge cannot be set aside, except in the case of clearly established fraud. The main takeaway from the decision is the confirmation of the possibility offered by the act to enforce a pledge without any payment default and in case of a breach of a financial covenant.

Remuneration policies in banking sector: public consultation on recommended changes
Legance Avvocati Associati
  • Banking
  • Italy
  • April 20 2018

The Bank of Italy recently commenced a public consultation on the proposed amendments to Regulation 285/2013 on remuneration policies in the banking sector, the main aim of which is to align the regulation with the European Banking Authority Guidelines of December 2015 and ensure compliance with Articles 74(3) and 75(2) of the EU Capital Requirements Directive. The consultation will end on May 14 2018.

Primeo: should a liquidator alter register of members?
  • Insolvency & Restructuring
  • Cayman Islands
  • April 20 2018

The Cayman Islands Court of Appeal has held that a liquidator cannot use his or her statutory power pursuant to Section 112(2) of the Companies Law to rectify the register of members where the effect would be to override investors' proprietary rights. It held that the section does not aim to provide for substitution of incorrect net asset value if, despite its incorrectness, it has been calculated in accordance with a member's contractual rights.

Istanbul Arbitration Centre goes from strength to strength
Kolcuoğlu Demirkan Koçaklı Attorneys at Law
  • Arbitration & ADR
  • Turkey
  • April 19 2018

The Istanbul Arbitration Centre (ISTAC) has provided dispute resolution services to Turkish and foreign entities through arbitration and other alternative dispute resolution processes since the introduction of the ISTAC Arbitration and Mediation Rules in 2015. The Global Arbitration Review has listed ISTAC among the institutions worth a closer look, and this recognition has strengthened its aspiration to become a regional hub for dispute resolution for companies and individuals from Europe, Asia and the Middle East.

Tabled bill will provide Commerce Commission with market study powers
Russell McVeagh
  • Competition & Antitrust
  • New Zealand
  • April 19 2018

The commerce and consumer affairs minister recently tabled a bill in Parliament that will enable the Commerce Commission to undertake market studies. The bill also provides for matters concerning the Commerce Act's competition law regime – namely, repealing its cease and desist regime and empowering the commission to accept enforceable undertakings in order to resolve restrictive trade practice enforcement cases under the act.

Primeo: should a liquidator alter register of members?
Harneys
  • Private Client & Offshore Services
  • Cayman Islands
  • April 19 2018

The Cayman Islands Court of Appeal has held that a liquidator cannot use his or her statutory power pursuant to Section 112(2) of the Companies Law to rectify the register of members where the effect would be to override investors' proprietary rights. It held that the section does not aim to provide for substitution of incorrect net asset value if, despite its incorrectness, it has been calculated in accordance with a member's contractual rights.

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