Latest updates

Unauthorised filing of trademarks by agent or representative
AKD NV
  • Litigation
  • Netherlands
  • 25 June 2019

The District Court of Gelderland recently rendered a judgment on the subject of unauthorised agent or representative filings. It deemed a that a third party was so closely involved in the distribution agreement between two other parties that it could be ordered to transfer the trademarks that it had registered unauthorised, despite the third party arguing that it could not be regarded as an agent, representative or distributor of the two other parties.

Coverage 'thrilla' in Manila – court finds underinsured endorsement provides worldwide coverage
Theall Group LLP
  • Insurance
  • Canada
  • 25 June 2019

A recent Alberta Court of Queen's Bench decision demonstrates that policyholders must carefully consider the interplay between an insurance policy and its endorsements. One consideration is the distinction between endorsements that provide standalone coverage and those intended only to modify an existing policy's terms. However, most important is the overarching principle that any limitations of coverage should be clearly stated.

Throwing an egg at someone: Ontario Superior Court addresses hatching of new legal test
Dentons
  • Litigation
  • Canada
  • 25 June 2019

Imprecision in identifying the risks of driving influences how insurers assess the value of automobile insurance. A recent Ontario Superior Court of Justice decision reminds insurers and insured persons how difficult it can be to properly assess and categorise risk at the outset of an insurance relationship.

What expenditure falls within 'ordinary and proper course of business' exception in freezing orders?
RPC
  • Litigation
  • United Kingdom
  • 25 June 2019

The costs of pursuing related arbitration proceedings and fighting extradition proceedings could be costs incurred in the 'ordinary and proper course of business' according to a recent Court of Appeal decision. In terms of arbitration expenditure, the decision illustrates that where the proposed expenditure or transaction is complex, the court may not be in a position to make the factual findings necessary for it to authorise the expenditure in advance.

TOP-SIDER case: improper use and cancellation of trademark registration
Nishimura & Asahi
  • Intellectual Property
  • Japan
  • 24 June 2019

A recent IP High Court case concerned the cancellation of a trademark registration due to a non-exclusive licensee's improper use of the registered mark. Cases regarding cancellation based on Article 53 of the Trademark Act are rare, and cases in which requests to cancel a trademark registration on this basis are granted are even more so. As such, this case is an interesting example of how the IP High Court determines improper use of a registered trademark.

Unauthorised filing of trademarks by agent or representative
AKD NV
  • Intellectual Property
  • Netherlands
  • 24 June 2019

The District Court of Gelderland recently rendered a judgment on the subject of unauthorised agent or representative filings. It deemed a that a third party was so closely involved in the distribution agreement between two other parties that it could be ordered to transfer the trademarks that it had registered unauthorised, despite the third party arguing that it could not be regarded as an agent, representative or distributor of the two other parties.

Important changes to Copyright Act
Grau & Angulo
  • Intellectual Property
  • Spain
  • 24 June 2019

In March 2019 the Copyright Act was amended to bring Spanish copyright law into line with that of the European Union. In addition, the reform has reinforced the rights of authors and publishers, introduced new regulations on the functioning of collecting societies in order to increase the transparency and control of their operations in favour of authors and strengthened the regulations on combating piracy.

Federal Court dismisses Servier's application for order of prohibition regarding salt patent
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • 24 June 2019

The Federal Court recently dismissed Servier's application for a prohibition order under the pre-amended Patented Medicines (Notice of Compliance) Regulations for Canadian Patent 2,423,825 regarding a perindopril arginine/amlodipine product (Servier's Viacoram). Apotex had alleged that the patent was invalid for obviousness, overbreadth, inutility and insufficiency.

CNIPA releases draft amendment to patent examination guidelines
Wanhuida Peksung IP Group
  • Intellectual Property
  • China
  • 24 June 2019

The China National Intellectual Property Administration has released the Draft Amendment to the Patent Examination Guidelines. The draft proposes revisions to both substantive and procedural aspects in preliminary examination, substantive examination and invalidation proceedings regarding patents. This article analyses the major proposed changes to patent examinations.

Senate ratifies USMCA: overview of IP chapter
Becerril, Coca & Becerril SC
  • Intellectual Property
  • Mexico
  • 24 June 2019

Mexico recently became the first country to ratify the United States-Mexico-Canada Agreement (USMCA), Chapter 20 of which is one of the most comprehensive IP chapters in any trade agreement. Although the 2018 amendments to Mexico's IP laws provided for most of the specific rights required under the USMCA, the country still has a lot to do to provide for the obligations regarding geographical indications, data exclusivity, trade secrets and enforcement.

Canada introduces Bill C-100: step towards ratification of NAFTA 2.0
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • 24 June 2019

In a step towards ratifying the United States-Mexico-Canada Agreement (USMCA), the government recently introduced Bill C-100, entitled "An Act to implement the Agreement between Canada, the United States of America and the United Mexican States", in Parliament. If ratified, the USMCA will replace the North American Free Trade Agreement and will require several changes to Canada's IP laws.

Foreign investors are watching for CFIUS negative or positive list
Arent Fox LLP
  • International Trade
  • USA
  • 21 June 2019

The Committee on Foreign Investment in the United States (CFIUS) is drafting the implementing regulations for the Foreign Investment Risk Review Modernisation Act. Foreign investors are closely following how CFIUS will exercise its new 'country specification' authority – specifically, whether it will create a negative or positive list of specific countries whose transactions are, respectively, either required to undergo or exempt from CFIUS review.

Extinguishment of purchasers' rights – importance of priority in unregistered land systems
  • Real Estate
  • Bahamas
  • 21 June 2019

The Bahamas has an unregistered land system that is based on the conveyancing laws of England and Wales issued before 1925. Therefore, deeds and documents should be recorded in the Registry of Records in The Bahamas as soon as possible. Priority becomes particularly important in high-net-worth commercial and condominium development transactions.

Residence and employment implications for British citizens in Malta following no-deal Brexit
  • Immigration
  • Malta
  • 21 June 2019

In light of the continuous developments and ambiguity surrounding the Brexit negotiations, as well as the uncertainty facing British citizens who currently reside in EU member states, the Maltese government recently propagated regulations concerning the residence and employment rights which will be upheld for British citizens who already reside and work in Malta. The regulations are set to come into force in the event of a no-deal Brexit.

Nevada's new privacy law with data sale opt-out right will take effect before CCPA
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 21 June 2019

Senate Bill 220 was recently signed into law, making Nevada the first state to join California in granting consumers the right to opt out of the sale of their personal information. However, the new privacy law is significantly narrower than the California Consumer Privacy Act (CCPA). For example, it applies only to online activities, defines 'consumer' and 'sale' more narrowly and includes broad exceptions for financial institutions subject to the Gramm-Leach-Bliley Act.

Mumbai Tax Tribunal rules on service permanent establishment threshold: leave periods and multiple counting
BDO LLP
  • Corporate Tax
  • India
  • 21 June 2019

The Mumbai Tax Tribunal recently ruled in a case concerning the threshold for determining whether a taxpayer has a service permanent establishment in India, finding that the multiple counting of employees on a particular day is prohibited under the India-UK tax treaty. Further, the tribunal held that since the employee in question had been on leave and no other employee of the taxpayer had rendered services in India, the employee's leave period had to be excluded from the threshold calculation.

Update on economic substance rules for Jersey fund managers
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 20 June 2019

The Taxation Law 2019 has introduced new economic substance requirements which apply to certain Jersey tax-resident companies. The requirements were passed to comply with the EU Code of Conduct Group on Business Taxation for the purpose of demonstrating that the profits generated by Jersey companies which carry on certain specified geographically mobile activities are commensurate with their economic activities and substantial economic presence in Jersey.

Green finance – a world first and a force for good which also makes economic sense
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 20 June 2019

Increasingly stark and startling messages relating to the environment and climate change are now commonplace in the media. That is why it is so refreshing to know that Guernsey is taking a leading role on the world stage and using its strengths to produce a significant positive impact, including through the implementation of the Guernsey Green Fund.

European Commission report on competition policy for digital era – key takeaways
Baker McKenzie CVBA/SCRL
  • Competition & Antitrust
  • European Union
  • 20 June 2019

The European Commission's report 'Competition policy for the digital era' is its most substantial step yet towards crystallising the dialogue on the question of how competition law could or should adapt to the rapidly changing technological landscape and the growing role of the digital economy. However, while the report touches on a wide range of ideas and proposals, it openly notes that not all of these are developed in detail or go beyond "very preliminary" conclusions.

ICC construction industry arbitration report
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 20 June 2019

The International Chamber of Commerce Commission recently published an update to its report on construction industry arbitration, focusing on recommended tools and techniques for effective management. The report is a helpful reminder for practitioners and arbitrators of the procedural mechanisms available which are particularly relevant to the conduct of arbitration in the construction sector.

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