Latest updates

Supreme Court of Cassation examines rules on reimbursement of company loans
Grieco e Associati
  • Company & Commercial
  • Italy
  • 23 September 2019

The Supreme Court of Cassation recently held that the postponement of loan reimbursements to company partners or shareholders applies not only in cases of court-assessed insolvency, but also if a company experiences temporary financial difficulties. The court also found that company management must refuse to reimburse loans to partners or shareholders if the company was experiencing financial difficulties when the loan was granted or the reimbursement was requested.

Flexibility and Storage Market Report 2019
Schoenherr
  • Energy & Natural Resources
  • Austria
  • 23 September 2019

The information assessed when preparing the latest Flexibility and Storage Market Report on the Austrian gas market suggests that the current competitive situation does not require regulated access to storage facilities. The sufficient availability of storage capacity, customer-oriented product development, market-oriented price formation and offered quantities form a market characterised by competitive pressure.

Trademark rights and comparative advertising
Obligado & Cia
  • Intellectual Property
  • Argentina
  • 23 September 2019

Since the Trademark Law reserves the exclusivity of trademark use for its owner, legal scholars in Argentina have long debated whether the use of trademarks in comparative advertising is permitted. With the recent approval of Emergency Decree 274/2019, legislation has, for the first time, addressed comparative advertising in Argentina in a detailed and systematic manner and established when it shall be allowed.

Who should you institute infringement proceedings against?
KISCH IP
  • Intellectual Property
  • South Africa
  • 23 September 2019

What should a company do when its distributor terminates their supply and distribution contract stating that it is more economical for it to acquire the products from another company? If the first company has a registered patent for the products that the other company is manufacturing, it can institute infringement proceedings. However, the question then becomes against whom should it institute these proceedings: the distributor or the company infringing its patent?

US government issues indictments against Nigerian citizens
Sofunde Osakwe Ogundipe & Belgore
  • White Collar Crime
  • Nigeria
  • 23 September 2019

Throughout August 2019 the Nigerian media heavily reported on the US government's actions against Nigerian nationals who have been accused of committing various acts of fraud. Of particular note is the arrest of a successful Nigerian entrepreneur and the US Department of Justice's recent federal grand jury indictment against 77 named and three unnamed individuals reported to be Nigerians.

Metropolitan Tribunal rules lack of similarity after opponent fails to prove reputation
Danubia Patent and Law Office LLC
  • Intellectual Property
  • Hungary
  • 23 September 2019

Likelihood of confusion is a frequent argument in opposition or annulment proceedings and the case law in this respect is rich. This well-established case law may have motivated the opponent in a recent case to raise the argument of reputation. However, as demonstrated by this case, proving reputation with marketing and sales figures is difficult. Further, evidence of publicity is seldom sufficient.

TIPO introduces new measure to manage design patent application priority claims
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • 23 September 2019

The Taiwan Intellectual Property Office recently announced a new measure to manage design patent application priority claims. Now, the examination of a design patent application priority claim will align with that of an invention patent application – namely, the priority claim will not be substantively examined first. Thus, applicants can claim multiple priorities.

Deloitte looks at first round of CAMs
Cooley LLP
  • Company & Commercial
  • USA
  • 23 September 2019

AS 3101, the new auditing standard for the auditor's report that requires disclosure of critical audit matters (CAM), is effective for audits of large accelerated filers for fiscal years ending on or after 30 June 2019. Deloitte reports that an average of 1.8 CAMs were disclosed per audit report and the most commonly disclosed related to goodwill and intangible assets.

Steeling for uncertainty
Arent Fox LLP
  • International Trade
  • USA
  • 20 September 2019

Throughout the past few months, the United States and China have levied new tariffs, increased existing tariffs and imposed ever-higher retaliatory tariffs. Now, nearly all of the two countries' enormous bilateral trade is subject to double-digit tariffs. In this era of uncertainty, company executives understand that due diligence must be based on a fulsome understanding of the threat that lies ahead. As such, corporate leaders must take proper pre-emptive action and enlist expert legal advice.

Supreme Court strengthens interest rate rules
Hogan Lovells BSTL SC
  • Banking
  • Mexico
  • 20 September 2019

The Mexican courts have issued several precedents to eradicate the existence of usury, allowing judges to discretionally reduce interest rates agreed by the parties. However, some of these precedents contradict each other as to whether the usury prohibition applies to default interest. As such, the First Chamber of the Supreme Court recently issued a decision to clarify these inconsistencies.

What a future without social media 'likes' could mean for industry
Bird & Bird
  • Tech, Data, Telecoms & Media
  • United Kingdom
  • 20 September 2019

From Facebook's 'thumbs up' to Reddit's 'upvote' and Instagram's and Tik-Tok's 'likes', so-called 'vanity metrics' used by social media platforms are ubiquitous. For these platforms, it is important to consider the impact that shifting engagement trends might have on user-generated content in the context of online harms. Platforms should therefore examine what can be done to improve self-regulation (eg, removing 'addictive' structures such as visual metrics) to ensure that the online world is a supportive place.

Recent changes to inheritance and succession law
A G Paphitis & Co
  • Private Client & Offshore Services
  • Cyprus
  • 19 September 2019

Cyprus has a complicated system of forced heirship in which a portion of a deceased's estate must be effectively passed to surviving family members according to a set system of inheritance. This forced heirship regime means that even if a deceased writes a will leaving a certain portion of their estate as gift to their spouse, their wishes will be deemed invalid if there are natural children who are entitled to a fixed minimum percentage of the estate.

Supreme Court permits material seized during dawn raid to be used as evidence
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • 19 September 2019

On 15 January 2019 the Supreme Court allowed the Competition Commission of India's (CCI's) appeal against a Delhi High Court order which had prohibited the CCI director general from acting on the evidence seized during a dawn raid of 19 September 2014. The dawn raid in question was the first to be conducted by the director general and formed part of the investigation into JCB India Limited's alleged abuse of its dominant position.

Compensating consumers may save reputation
Schoenherr
  • Competition & Antitrust
  • Hungary
  • 19 September 2019

Misleading business-to-consumer information may lead to significant fines. Two recent Hungarian Competition Authority (HCA) decisions prove that the HCA has maintained its position as a watchdog of both consumer rights and fair competition. In both cases, the companies were investigated by the HCA because they had omitted to tell customers important information, thereby harming them.

Competition Board orders gym franchiser to revise non-compete and non-poaching clauses
ELIG Gurkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 19 September 2019

The Competition Board recently published the results of its preliminary investigation into a gym franchise business following a complaint that its franchising agreements violated Law 4054 and the Block Exemption Communique on Vertical Agreements. The board ordered the franchiser to revise its non-compete and non-poaching clauses to comply with competition law in terms of duration, geographical area and written consent.

Amendments to Competition Act on horizon
Schoenherr
  • Competition & Antitrust
  • Slovenia
  • 19 September 2019

The Ministry of Economic Development and Technology is contemplating significant amendments to Slovenia's antitrust and merger control proceedings and has prepared a draft amendment to the Prevention of Restriction of Competition Act. However, the ministry has yet to communicate when the proposed amendments will be placed in the legislative proceeding of the National Assembly and it remains unclear when the draft amendment will come into effect and how it will be worded.

Airlines challenge fines by immigration office
Freidenberg Freidenberg & Lifsic
  • Aviation
  • Argentina
  • 18 September 2019

It is not unusual for immigration authorities to pursue airlines for infringements of the passenger documentation requirements which travellers must meet in order to enter a country. Argentina is no exception and the Immigration Authority (DNM) has been incentivised to detect passenger documentation infringements and collect fines from air carriers. However, a number of recent decisions regarding the DNM's imposition of fines in such cases could mark a turning point with regard to this issue.

Countdown begins: getting ready for new patented medicines pricing regime
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 18 September 2019

The long-awaited amendments to the Patented Medicines Regulations were recently published in Part II of the Canada Gazette. Major changes include the introduction of three new price regulatory factors and a revised schedule of reference countries. Although the new law will not be in force until 1 July 2020, there are immediate implications.

Market access: biosimilars no longer reviewed by CADTH
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 18 September 2019

The Canadian Agency for Drugs and Technologies in Health (CADTH) recently released Issue 8 of its Pharmaceutical Reviews Update announcing revisions to its Procedure and Submission Guidelines for the CADTH Common Drug Review, among other things. The update also announced that the CADTH will no longer review biosimilars through the Common Drug Review or the pan-Canadian Oncology Drug Review.

Air fares can be displayed in multiple currencies
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 18 September 2019

The Federal Court of Justice recently requested a preliminary ruling from the European Court of Justice on the question of whether airlines are in principle entitled to choose the currencies in which their air fares are listed. Under EU law, airlines that offer flights departing from EU airports must list passenger fares; however, whether airlines have the right to choose the currencies of said listings required further clarity.

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