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Federal Court strikes price calculation provision of amendments to Patented Medicines Regulations
Smart & Biggar
  • Intellectual Property
  • Canada
  • 10 August 2020

The Federal Court recently issued its decision on an application for judicial review of the Regulations Amending the Patented Medicines Regulations (Additional Factors and Information Reporting Requirements). The court ruled that Section 3(4), which would expand price calculation requirements in Section 4(4) of the Patented Medicines Regulations to encompass information beyond the first point of sale, was invalid. This article looks more closely into the court's decision and its implications.

Journalism and copyright: other defences and exceptions to copyright claims
A & K Metaxopoulos & Partners Law Firm
  • Intellectual Property
  • Greece
  • 10 August 2020

Defence strategies in copyright cases are, in principle, based on one of a number of grounds, including an objection as to whether a particular work falls under the protection of Law 2121/1993 on Copyright, Related Rights and Cultural Matters. For example, if a journalist sues a third party for copyright infringement, the defendant might claim that the journalist's work does not meet the criterion of originality if it contains only mere or actual information without any element of the author's personal contribution.

DMCA 512 Report: key findings by US Copyright Office
Venable LLP
  • Intellectual Property
  • USA
  • 10 August 2020

The US Copyright Office recently issued the long-awaited and first comprehensive government study on the 20-year-old Section 512 of the Copyright Act. The 250-page study contains an incredibly thorough and well-done analysis of the current law in this area, the learned challenges of this provision and the viewpoints of various stakeholders with regard to some of the challenges that exist with Section 512. This article aims to provide a brief overview of the study's key findings.

Every claim of opposition must be examined
Danubia Patent and Law Office LLC
  • Intellectual Property
  • Hungary
  • 10 August 2020

The Hungarian Intellectual Property Office (HIPO) recently rejected a trademark opposition in respect of the opponent's prior use and registered the disputed mark. However, as the HIPO failed to consider the opponent's arguments concerning copyright infringement, the Metropolitan Tribunal annulled the decision and ordered a new procedure. In the new procedure, the HIPO must examine whether the opponent sufficiently proved the alleged copyright infringement.

SPC publishes draft judicial interpretation on trade secret protection
Wanhuida Intellectual Property
  • Intellectual Property
  • China
  • 10 August 2020

The Supreme People's Court recently published the draft Judicial Interpretation on Several Issues Concerning the Application of Law in Civil Litigation on Trade Secret Violation. The draft judicial interpretation provides further details on several matters, including what can be protected as a trade secret, what protective measures a trade secret owner should apply and how damages should be calculated.

DGIP-JPO: PPH request window clearly defined for faster patent examination and grant
Mirandah Asia (Indonesia) Pt
  • Intellectual Property
  • Indonesia
  • 10 August 2020

The renewal of the memorandum of understanding between the Indonesian Directorate General of Intellectual Property and the Japan Patent Office, comprising part of a joint statement of intent, has brought about an alteration to the possible timing of the filing of a request in connection with the patent prosecution highway programme between the two IP offices (concurrently renewed), which could make the examination and grant of Indonesian patents more efficient for applicants.

App governance panel issues special governance report on illegal collection of personal information
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 07 August 2020

The App Special Governance Panel recently issued the 2019 Special Governance Report on Apps for Illegal Collection and Use of Personal Information, summarising governance efforts from January 2019. According to the report, illegal collection and use activities by apps will be cracked down on and enterprises' capacity to protect personal information will be greatly improved. Further, knowledge of personal information protection by apps should be extensively available.

Law Commission report on proposed changes to commonhold
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 07 August 2020

The Law Commission recently published its reports on leasehold enfranchisement, right to manage and commonhold. The common theme in all three reports is to make each process simpler, quicker and more flexible and to reduce costs for leaseholders. While commonhold was introduced more than 15 years ago, it has hardly been used and the Law Commission seeks to make it a preferred alternative to residential leasehold.

AI regulation – an overview
Macesic & Partners
  • Tech, Data, Telecoms & Media
  • Croatia
  • 07 August 2020

At present, the regulation of the AI sector in Croatia is practically non-existent, as is the case in many other EU member states. This might be viewed as troublesome, as the technology is advancing rapidly without a specific legal control system to provide guidance. However, the issues arising from the use of AI are complex and difficult to foresee, which makes the legislative process time consuming and demanding.

ECJ declares EU-US Privacy Shield Framework invalid – impact on Switzerland
Walder Wyss
  • Tech, Data, Telecoms & Media
  • Switzerland
  • 07 August 2020

The European Court of Justice (ECJ) recently declared that the European Commission's decision that the United States ensured an adequate level of protection of personal data transferred under the EU-US Privacy Shield Framework was invalid. This article examines the effect that the ECJ's decision will have on the Swiss-US Privacy Shield Framework.

Pentagon identifies 20 'Communist Chinese military companies'
Arent Fox LLP
  • International Trade
  • USA
  • 07 August 2020

The US Department of Defence recently published a list of 20 Chinese companies that have been identified as 'Communist Chinese military companies', complying with a two-decade-old mandate that Congress issued during the Clinton administration. The takeaway for companies, universities and individuals is that they should proceed with caution and carefully conduct due diligence when dealing with China.

Secured lending in Guernsey
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 06 August 2020

Guernsey entities continue to be popular in asset-holding structures and, accordingly, lenders are regularly asked to put in place financing arrangements involving Guernsey entities. This article provides an overview of the mechanism under Guernsey law for the creation and enforcement of security over certain Guernsey-situated assets, such as the shares in a Guernsey company, certain contract rights and monies in a Guernsey bank account.

Administrative fines regime extended
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 06 August 2020

The Monetary Authority (Administrative Fines) (Amendment) Regulations 2020 recently came into force, extending the administrative fines regime beyond breaches of the Anti-money Laundering Regulations to a much broader spectrum of breaches under various Cayman regulatory laws. Of particular interest to Cayman bank licensees will be how breaches of the Banks and Trust Companies Law will be treated under the regulations.

Family governance in the digital age
Forsters LLP
  • Private Client & Offshore Services
  • United Kingdom
  • 06 August 2020

The COVID-19 pandemic has had two major implications for family governance structures. In the short term, travel restrictions and health risks have prevented business as usual for the foreseeable future. In the long term, the increasing use of digital communication by families and their professional advisers is disrupting governance structures in some cases. This article provides a practical checklist for family governance in the post-COVID-19 world.

Doing justice in the face of a global pandemic
  • Arbitration & ADR
  • International
  • 06 August 2020

The resilience and innovation shown by the international arbitration community in recent months should be applauded. In the face of significant adversity, new and improved ways to resolve disputes and maintain access to efficient and effective justice have emerged. Notwithstanding the terrible circumstances that provided the impetus, recent months have disrupted the status quo and challenged normative beliefs around how disputes can and should be resolved.

SEBI clarifies status of married daughters who become promoters of listed companies
Cyril Amarchand Mangaldas
  • Private Client & Offshore Services
  • India
  • 06 August 2020

In India, many families are reluctant to pass their business wealth and assets onto their married daughters due to the perceived risk that the property ends up being controlled by their daughters' in-laws. This is even more pronounced for promoter families with significant holdings in listed companies. The Securities and Exchange Board of India recently issued informal guidance which dealt with a promoter gifting his shares to his married daughters and the implications under the relevant listed company regulations.

Court declines to dismiss claim against shipowner for death of shipyard worker following demolition sale
Wikborg Rein
  • Shipping & Transport
  • United Kingdom
  • 05 August 2020

Shipowners routinely give buyers in demolition sales complete freedom to deal with ships as they please following a sale, but do so at their peril. Shipowners are generators of waste under the Basel Convention and other laws and remain liable as such following a sale. Further, shipowners and those assisting them in such transactions may also incur liabilities in tort to third parties in connection with shipyard worker injuries and environmental damage occurring after a sale, as noted in a recent High Court judgment.

Practical comparison between two of Guernsey's most flexible regulated fund products
Ogier
  • Corporate Finance/M&A
  • Guernsey
  • 05 August 2020

This article provides a practical comparison between two of Guernsey's most flexible regulated fund products: the registered collective investment scheme (registered schemes) and the private investment fund (PIFs). Both registered schemes and PIFs are used across all fund types and asset bases – from private equity funds investing in sustainable energy to hedge funds investing in smart technology.

Employment-related measures to fight effects of COVID-19: regulatory update following lifting of state of emergency
CMS Albiñana & Suárez de Lezo
  • Employment & Immigration
  • Spain
  • 05 August 2020

In order to illustrate the current status of the COVID-19 extraordinary measures following the lifting of the state of emergency on 21 June 2020, this article summarises the key employment-related measures adopted since the state of emergency was declared and the updated regulation of each measure following the numerous amendments introduced subsequent to Royal Decree-Law 8/2020.

Fate of domestic routes post-COVID-19 hangs in balance
Waselius & Wist
  • Aviation
  • Finland
  • 05 August 2020

To reduce losses following the COVID-19 crisis, primary Finnish airline company Finnair has suspended many of its loss-making domestic flights to eastern and western Finland. One possible way to save the suspended domestic flight routes would be for the government to provide direct state aid to airlines that wish to operate them. However, such state aid would require EU Commission notification and approval.

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