Latest updates

Federal Court of Appeal overturns cefaclor damages decision on pre-judgment interest issue
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • 16 January 2019

The Federal Court of Appeal recently allowed in part Apotex's appeal of a decision awarding Eli Lilly over C$100 million for Apotex's infringement of eight process patents relating to the antibiotic cefaclor. The court remitted the decision to the Federal Court for reconsideration solely on the issue of interest.

Recent developments in aircraft repossession
Basch & Rameh
  • Aviation
  • Brazil
  • 16 January 2019

In respect of four aircraft that were recently repossessed before Avianca Brazil obtained bankruptcy protection, the Brazilian judiciary and civil aviation agency procedures worked reasonably well and Brazil's overall performance complied with its obligations under the Cape Town Convention. While all four aircraft were exported and de-registered within approximately two weeks, Brazilian customs authorities must still reassess the current export authorisation procedure.

Reasonable notice damages for wrongful dismissal cannot be determined via summary judgment
Dentons
  • Litigation
  • Canada
  • 15 January 2019

A recent Court of Queen's Bench of Alberta decision provides clarity amidst the conflicting jurisprudential landscape regarding whether the assessment of damages for a termination without cause is appropriate for summary judgment. The court supported a master's finding that an assessment of damages for pay in lieu of reasonable notice for wrongful dismissal is inappropriate for summary judgment.

An excessive demand is still a demand – Barclays Bank plc v Price
RPC
  • Litigation
  • United Kingdom
  • 15 January 2019

The recent decision in Barclays Bank plc v Price extends the established test that a demand made under a guarantee for an excessive amount may nevertheless be effective as a demand for what is due in circumstances where the amount that has been demanded exceeds an express liability cap. This judgment will surely be a welcome extension of the authorities relating to the operation of guarantees (and the demands made thereunder) for the creditors that benefit from such arrangements.

New bulletin aims to clarify dual listing process
Fischer Behar Chen Well Orion & Co
  • Capital Markets
  • Israel
  • 15 January 2019

The Corporate Finance Department at the Israel Securities Authority recently issued its Staff Legal Bulletin on dual-listed companies. The bulletin is a summary of the most up-to-date information on the issuance, reporting, listing and delisting of dual-listed companies and is intended to clarify and reflect these processes for dual-listed companies and companies considering dual listing.

For want of an asterisk: regional court scrutinises franchisor's TV advertising
Noerr LLP
  • Franchising
  • Germany
  • 15 January 2019

The Munich Regional Court I recently established a new precedent for competition restriction, which is prohibited in franchising systems under the Act against Restraints on Competition. The court found references to "participating restaurants" in a franchisor's TV advertising insufficient and in violation of the price maintenance prohibition. This decision deserves special attention as it relates to advertising with non-binding price recommendations, which is common among franchisors.

Email scams and related recovery litigation
RPC
  • Litigation
  • Hong Kong
  • 15 January 2019

In a series of recent judgments, the first-instance courts in Hong Kong have demonstrated an increasing flexibility in assisting victims of internet and email fraud, including granting declaratory relief without trial. The courts' increasing willingness to grant declaratory relief without trial in these circumstances is a significant step in the right direction, as it has simplified the civil action to be taken by those affected by email fraud and similar scams.

PFI contracts: gone but not forgotten?
Womble Bond Dickinson (UK) LLP
  • Projects & Procurement
  • United Kingdom
  • 15 January 2019

According to a recent budget speech, the government has abolished the private finance initiative (PFI) for future projects. Given its complexity, political sensitivity and knife-edge financial arrangements, it is hardly surprising that the PFI has proved to be so problematic and it is highly unlikely that anyone will be sorry to see it go. However, the question remains as to what will replace it.

Overview of RES state aid scheme implementation
Rokas Law Firm
  • Energy & Natural Resources
  • Greece
  • 14 January 2019

The second regular wind and photovoltaic (PV) state aid auction held in December 2018 resulted in the award of all of the capacities for two of the three categories of renewable energy system project, a significant (up to 26%) reduction in the reference prices compared with the initial reference prices and the cancellation of the auction for large PV projects by the Regulatory Energy Authority due to insufficient competition.

CRE endorses retailers' use of benefit and loyalty programmes
Hogan Lovells BSTL SC
  • Energy & Natural Resources
  • Mexico
  • 14 January 2019

The Energy Regulatory Commission recently confirmed that certain business models used by retailers of refined products (eg, diesel and gasoline) are valid and stimulate competition in the market to the benefit of customers. As such, retailers can develop loyalty programmes based on bonuses, credits, subscriptions, memberships or exclusive offers, among other things, to be offered by various petrol stations. However, these programmes must be made available to all customers and cannot be discriminatory.

Recognition of well-known trademarks in internet industry
Wanhuida Peksung IP Group
  • Intellectual Property
  • China
  • 14 January 2019

In July 2018 the Supreme People's Court confirmed the Trademark Review and Adjudication Board's decision to invalidate the pre-emptive registration of the trademark 美图秀秀MEITUXIUXIU in Class 3. The court's verdict has put an end to the invalidation proceedings instituted by Xiamen Meitu Technology Co, Ltd against the disputed trademark and confirmed the well-known status of the cited trademark 美图秀秀 in Class 9.

New patent law provisions addressing pharmaceuticals
Nater Dallafior Rechtsanwälte AG
  • Intellectual Property
  • Switzerland
  • 14 January 2019

New provisions amending the Patent Act recently entered into force. The revised act includes two additional exemptions from patent protection that aim to safeguard the professional use of pharmaceuticals in favour of patients. Further, patent owners may now request to extend their patent protection for six months if they conduct clinical studies concerning the paediatric use of a pharmaceutical.

Trademark dispute over Life Wear for clothing
Taylor Wessing
  • Intellectual Property
  • United Kingdom
  • 14 January 2019

In 2017 an application was filed to register LIFEWEAR CLOTHING as a UK trademark for clothing and headgear. The application was opposed by Fast Retailing Co, Ltd, the owner of the well-known UNIQLO brand, based on their trademark registrations and the reputation of UNIQLO LifeWear, as well as their unregistered rights in the term 'life wear' for clothing. UNIQLO's earlier rights covered identical goods to those applied for, making it easier to argue a likelihood of confusion (or association) between the marks.

Barcelona Court of Appeal confirms revocation of ex parte preliminary injunction in NuvaRing case
Grau & Angulo
  • Intellectual Property
  • Spain
  • 14 January 2019

The Barcelona Court of Appeal recently confirmed the revocation of the preliminary injunction granted ex parte at the request of Merck Sharp & Dohme (MSD) for the alleged infringement of its NuvaRing patent. The court confirmed that an assessment of disputed facts in this context does not require certainty, but rather probability. Therefore, MSD's appeal was deemed to be groundless as it alleged an infringement of the rules of the burden of proof, which – in reality – did not apply.

Mandatory mediation process for commercial disputes introduced
Acar & Ergonen Law Firm
  • Company & Commercial
  • Turkey
  • 14 January 2019

The Law regarding Procedures for Initiating Legal Proceedings for Monetary Claims deriving from Subscription Agreements, which introduces a mandatory mediation process for commercial disputes to the Commercial Code, was recently published in the Official Gazette. Mandatory mediation will apply to all lawsuits that fall within the scope of the new law; however, it will not apply to lawsuits pending before first-instance courts, regional courts of justice or supreme courts.

Broadening subsidy scheme for renewable energy: from SDE+ to SDE++
Stek Advocaten BV
  • Energy & Natural Resources
  • Netherlands
  • 14 January 2019

The minister of economic affairs and climate policy recently announced that the scope of the main subsidy scheme for renewable energy in the Netherlands, the Stimulation of Sustainable Energy Production, will be broadened. Under the new scheme, various technologies will no longer compete on the basis of amounts of renewable energy produced, but rather on the amounts of carbon dioxide and other greenhouse gases that have been avoided.

Don't file your cannabis trademarks… yet
KISCH IP
  • Intellectual Property
  • South Africa
  • 14 January 2019

The Constitutional Court's recent judgment decriminalising the private use of cannabis has garnered significant attention in South Africa. As predicted, the judgment has encouraged a number of existing and potential companies to create a brand for their business in order to grow and distribute cannabis in South Africa. Unfortunately, most of these businesses must delay their plans for their brand's trademark application – although possibly not for long.

End of the triad? Update on Ofgem's Targeted Charging Review
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • 14 January 2019

Ofgem recently published its 'minded to' decision on its Targeted Charging Review. The decision sets out Ofgem's view that the residual aspect of electricity transmission and distribution network charges should be based on fixed tariffs for different classes of consumer rather than the other options under consideration (eg, usage during periods of peak demand). Ofgem also proposes to remove most of the remaining embedded benefits enjoyed by smaller distribution-connected generators.

Clarification in SARS' latest issue of Interpretation Note 64
  • Real Estate
  • South Africa
  • 11 January 2019

The South African Revenue Service recently published the fourth issue of Interpretation Note 64, which seeks to provide guidance on the application and interpretation of Section 10(1)(e) of the Income Tax Act. With the rising prevalence of complex developments, security estates, shopping centres, wellness compounds and high-rise flats in South Africa, body corporates, homeowners' associations and share block companies are commonplace and clear guidelines as to the taxation of these entities is imperative.

Amendments to Cyprus-San Marino double tax treaty enter into force
Elias Neocleous & Co LLC
  • Corporate Tax
  • Cyprus
  • 11 January 2019

The Tax Department recently announced that the procedures for ratifying the protocol amending the Convention on the Avoidance of Double Taxation between Cyprus and San Marino have been completed. The protocol, which entered into force on 27 June 2018, replaces the text of Article 25 of the convention with the text of the corresponding article of the Organisation for Economic Cooperation and Development Model Convention 2014.

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