Latest updates

Who is China's new insurance regulator?
AnJie Law Firm
  • Insurance
  • China
  • 18 June 2019

The China Banking and Insurance Regulatory Commission was recently formally unveiled in Beijing, marking the official launch of the new regulatory authority. This merger of the former China Banking Regulatory Commission and China Insurance Regulatory Commission is the biggest reform of China's financial regulatory system in more than 15 years and marks the start of the 'one committee, one bank, two commissions' regulation framework.

Draft guidelines address conflict of interest situations
Tuli & Co
  • Insurance
  • India
  • 18 June 2019

The Insurance Regulatory and Development Authority recently issued the Exposure Draft on Insurance Regulatory and Development Authority of India (Conflict of Interest) Guidelines 2019, which seek to provide guidance on the conflicts of interest that arise between insurers and other insurance companies or intermediaries which have the same directors.

Court of Appeal makes rare order for rectification, with interesting consequences…
RPC
  • Litigation
  • United Kingdom
  • 18 June 2019

The Court of Appeal has ordered rectification resulting in one party being in breach of warranty and liable to pay damages. It is rare for the court to order rectification as it is often difficult to satisfy the test to do so. This case serves as a welcome reminder that the court is willing to order rectification to prevent one party from seeking to take advantage of a situation when a mistake is discovered.

Section B benefits require compliance with independent medical examination protocol
Dentons
  • Litigation
  • Canada
  • 18 June 2019

Can an insurer deny all Section B benefits if an insured agrees to attend an independent medical examination on conditions that conflict with the examining medical practitioner's protocol? The Alberta Court of Queen's Bench recently considered this question and answered in the affirmative. While the decision was specific to Section B claims, the broader takeaway is equally instructive: relying on the clear terms of a policy does not necessarily impugn the duty of utmost good faith.

Court reviews non-party costs orders
RPC
  • Litigation
  • Hong Kong
  • 18 June 2019

The High Court recently reiterated the general principles which govern its power to order a non-party to pay the costs of another party to court proceedings. The court's power is statutory but the general principles that govern the exercise of its discretion arise out of case law. The case law demonstrates that the court's discretion to make an order for costs against a non-party is wide. The interests of justice are paramount.

Franchisee or employee in disguise?
Lapointe Rosenstein Marchand Melançon LLP
  • Franchising
  • Canada
  • 18 June 2019

Franchising communities in Quebec and elsewhere in Canada have been eagerly awaiting a Supreme Court of Canada decision on whether an unincorporated franchisee operating a two-person cleaning services business in Quebec as part of a cleaning services franchise network qualified as an employee. While the court's ruling may be worrisome to franchisors in certain industries, there are several mitigating factors to consider.

Licences for hydrocarbon exploration in Dinarides region available in third bidding round
Macesic & Partners
  • Energy & Natural Resources
  • Croatia
  • 17 June 2019

Four new exploration blocks in the Dinarides have been offered in the third licensing round for the exploration and production of hydrocarbons in Croatia. This recent licensing round of the Croatian Hydrocarbon Agency focuses on the central and southern regions. The deadline for the submission of bids is 10 September 2019 and the licences are tentatively scheduled to be announced in December 2019.

Latest environmental legislation in effect and in the pipeline
Pestalozzi Attorneys at Law
  • Environment & Climate Change
  • Switzerland
  • 17 June 2019

This article summarises key amendments to Swiss environmental laws which either came into effect in recent months or will come into effect in the foreseeable future. Recent developments in this area affect, among other things, plant and water protection, chemicals, non-ionising radiation, energy and CO2 reduction.

Top 10 changes to Canada's trademark law
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • 17 June 2019

After five years of anticipation, sweeping changes to Canada's trademark law have finally come into force. Among other things, Canadian applicants can now file applications in more than 80 countries around the world through a single international application and declarations of use are no longer required to secure registrations.

Use of corporate power purchase agreements
Norton Rose Fulbright Studio Legale
  • Energy & Natural Resources
  • Italy
  • 17 June 2019

The use of corporate renewable power purchase agreements (PPAs) looks set to increase in Italy. Corporate PPAs are contracts between buyers and power producers to purchase electricity at a pre-agreed price for a pre-agreed period. As the market for the development of subsidy-free renewable energy projects grows, corporate PPAs are expected to become a common part of the energy and sustainability strategies of Italian corporates.

Registering Chinese translations or transliterations of foreign trademarks
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • 17 June 2019

As Chinese (Mandarin) is Taiwan's national language, many foreign companies use Chinese translations or transliterations of their foreign brands (trademarks) in order to expand into the Taiwanese market. However, as Chinese characters can have different pronunciations and meanings, there are often multiple ways of translating or transliterating foreign trademarks into Chinese. The Intellectual Property Court recently addressed this issue in an administrative case relating to a trademark opposition.

Exception in determining functional features in patent infringement disputes
Wanhuida Peksung IP Group
  • Intellectual Property
  • China
  • 17 June 2019

In patent infringement disputes, it is possible to narrowly construe a feature to the specific embodiment and its equivalent embodiment by arguing that a claimed feature is a functional one. The accused infringer usually adopts this strategy in its non-infringement defence to narrowly construe the scope of patent protection to obtain a favourable position in the infringement comparison. A recent case serves as a reference on how to determine the functional features in patent infringement disputes.

Prior user rights under recently amended Patent Act
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • 17 June 2019

The Budget Implementation Act 2 has brought about several changes to the Patent Act that affect the scope of protection available under Canadian patents, including a revision of Section 56, which concerns the rights of prior users of patented technologies. However, as many of the Section 56 amendments will require judicial interpretation, the true scope of prior user rights under the revised provision may be unknown for some time.

Q&A on Cayman AML regime: service providers, delegation and risk-based approach
  • White Collar Crime
  • Cayman Islands
  • 17 June 2019

The government and the Cayman Islands Monetary Authority are well aware that it is imperative that the Cayman Islands is not only perceived to, but does in fact, play a central role in the global fight against money laundering and terrorist financing. At the same time, there is a deep understanding of the need to remain competitive and commercial. This article addresses a number of key questions concerning the 2018 amendments to Cayman's anti-money laundering regime.

Section 301 update: List 3 exclusion process to commence Summer 2019
Arent Fox LLP
  • International Trade
  • USA
  • 14 June 2019

The US Trade Representative recently published a Federal Register notice requesting comments on the proposed exclusion process for List 3 of the Section 301 tariffs on Chinese imports. As part of various changes to the exclusion process, the proposal does not appear to include a mechanism for applicants to designate specific information requested as being business confidential on the current form.

Huawei ban – will smartphones lose their smarts?
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 14 June 2019

US President Donald Trump's recent executive order which blacklists Huawei has generated a significant response from Huawei smartphone users, mobile operators and distributors in Taiwan which are handling returned purchases. One of the principal complaints from consumers is that once a Huawei smartphone is deprived of its Android operating system and Google services, it is no longer as 'smart' as it should be.

Ruling offers protection to importers dealing with ambiguous scope of AD/CVD order
Arent Fox LLP
  • International Trade
  • USA
  • 14 June 2019

The US Court of Appeals for the Federal Circuit recently ruled that where the scope of an anti-dumping/countervailing duty order is ambiguous, US Customs and Border Protection has no independent authority to suspend liquidation without explicit instructions from the US Department of Commerce.

Implementation plan adopted for national cybersecurity strategy
Walder Wyss
  • Tech, Data, Telecoms & Media
  • Switzerland
  • 14 June 2019

The Federal Council recently adopted a plan to implement the national strategy to protect Switzerland against cyber risks until 2022 and took additional steps towards the establishment of a cybersecurity competence centre. Work is also underway to develop a cyber-defence campus and strengthen capabilities relating to information acquisition and allocation.

Response to EU Anti-tax Avoidance Directive
Elias Neocleous & Co LLC
  • Corporate Tax
  • Cyprus
  • 14 June 2019

The House of Representatives recently approved legislation implementing the EU Anti-tax Avoidance Directive in Cyprus with the aim of improving the resilience of the internal market against cross-border tax avoidance practices. The new legislation has once again demonstrated the government's commitment to supporting international efforts to tackle tax avoidance practices.

CBDT and GSTN to sign MoU on exchange of taxpayer information
BDO LLP
  • Corporate Tax
  • India
  • 14 June 2019

The Central Board of Direct Taxes (CBDT) has authorised the principal director general of income tax (systems) to share taxpayer information with the Goods and Service Tax Network (GSTN). The CBDT also confirmed that in order to facilitate the provision of information, it will enter into a memorandum of understanding with the GSTN, which will set out, among other things, the nature of data exchanges, the ways in which confidentiality will be maintained and mechanisms for the safe preservation of data.

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