Latest updates

Arbitrating disputes in pharmaceutical, life sciences and healthcare sector during COVID-19 pandemic
  • Arbitration & ADR
  • International
  • 24 September 2020

COVID-19 is putting tremendous strain on the life sciences and healthcare sector. Disputes may be more disruptive than usual during this time, not least because they put further pressure on often already limited financial and managerial resources. Therefore, many parties are seeking alternative ways to avoid disputes. However, some disputes are inevitable and a number are likely to be resolved through international arbitration.

Competitive edge in merger control and FDI: everything you need to know to stay ahead
  • Competition & Antitrust
  • International
  • 24 September 2020

As the world emerges from the COVID-19 pandemic, increased M&A activity is likely until at least the end of 2020. The pandemic has changed the landscape of M&A, antitrust and foreign direct investment reviews globally in many key areas, including with regard to so-called 'killer acquisitions', failing firm arguments, distressed transactions and gun jumping.

Groundbreaking judgment will result in quicker refusal of Benelux trademark applications for descriptiveness
AKD
  • Litigation
  • International
  • 22 September 2020

The Benelux Court of Justice recently assessed whether the Benelux Office for Intellectual Property (BOIP) rightly refused the Benelux trademark PET'S BUDGET for being descriptive. The central question in this case was the criterion to assess whether a sign is descriptive. The implications of the case are groundbreaking since it will likely lead to quicker findings of signs or trademarks being descriptive and more refusals at the BOIP.

COVID-19: preliminary arbitration trends in transport sector
  • Arbitration & ADR
  • International
  • 17 September 2020

The COVID-19 pandemic has severely curtailed court access in many jurisdictions. By virtue of its flexibility, arbitration has been offered up as a solution to commercial parties which nevertheless wish to progress the resolution of their dispute. Both institutional and ad hoc arbitrations have been accommodating in terms of virtual hearings and electronic documentation.

Distance insurance contracts: points to consider during pre-contractual phase
  • Insurance
  • International
  • 15 September 2020

The COVID-19 pandemic has highlighted the usefulness of new communication techniques and provided greater legitimacy to digitalisation projects in the broader context of adapting to new consumer expectations. The insurance sector is not immune to these changes. This article provides a review of the provisions on distance insurance contracts, which reveals that insurers are subject to complex pre-contractual obligations to which particular attention should be paid prior to the conclusion of contracts.

Groundbreaking judgment will result in quicker refusal of Benelux trademark applications for descriptiveness
AKD
  • Intellectual Property
  • International
  • 14 September 2020

The Benelux Court of Justice recently assessed whether the Benelux Office for Intellectual Property (BOIP) rightly refused the Benelux trademark PET'S BUDGET for being descriptive. The central question in this case was the criterion to assess whether a sign is descriptive. The implications of the case are groundbreaking since it will likely lead to quicker findings of signs or trademarks being descriptive and more refusals at the BOIP.

Doing business (but not business as usual) during COVID-19 pandemic
  • Arbitration & ADR
  • International
  • 10 September 2020

The COVID-19 pandemic presents unique challenges to businesses globally. Amid the uncertainty and disruptions to all aspects of life and commerce, many companies are facing disputes with their counterparties. Claims can be preserved in many instances – even strengthened – by carefully considered but simple steps taken now. Companies should settle on an appropriate strategy, tailored to their business and jurisdiction, sooner rather than later.

Investor-state claims in era of COVID-19 pandemic
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 03 September 2020

States have taken urgent and extraordinary steps to prevent the spread of COVID-19 and address the public health and economic crises that it has caused. Some such measures are aimed directly at the need to treat those affected by the virus, while others aim to address the virus's unprecedented economic impact on the world economy. Inevitably, some of these measures will affect foreign investors and their investments in host states, triggering investor-state disputes.

Spotlight on investor-state arbitration and insolvency
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 27 August 2020

Where insolvency involves cross-border investments, foreign investors may have additional rights under international investment treaties or agreements (IIAs). IIAs are agreements between states in which the state receiving investment from an investor from the other state commits to provide certain levels of protection to those foreign investors in respect of their investment. Foreign investors often have a direct right under an IIA to commence proceedings against the host state for a breach of such commitments.

Supplytime – new special task annexes published
Wikborg Rein
  • Shipping & Transport
  • International
  • 26 August 2020

Supplytime has been the industry standard time charter for offshore support vessels for decades. However, in recognition of its broader usage within the offshore and renewables sector as a whole, the Baltic and International Maritime Council recently published four new annexes for special tasks that can be incorporated into this popular standard contract.

Disputes funding in COVID-19 environment
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 20 August 2020

The COVID-19 pandemic is forcing businesses of all shapes and sizes to pursue alternate sources of funding to ensure the advancement of pending claims, bring new claims arising out of the pandemic and enhance cash flow where possible to survive. Understanding the range of dispute funding options available is critical to assess whether and, if so, how such funding can be leveraged to help a business weather the current COVID-19 environment and what is yet to come.

Institutional responses to COVID-19 pandemic: cooperation, collaboration and going virtual
  • Arbitration & ADR
  • International
  • 13 August 2020

For a cross-border system of dispute resolution that frequently involves participants from different countries, the challenge posed by COVID-19 is acute. However, given that arbitration is a flexible and consensual process, it is well positioned to respond swiftly to these challenges. In a short time, the international arbitration community – led by the major arbitral institutions – has collaborated to find ways to maintain access to justice in a timely and efficient manner.

Private equity and the response to COVID-19
Ogier
  • Corporate Finance/M&A
  • International
  • 12 August 2020

It is said that even though some parts of the private equity industry are in need of triage, it can survive the implications of COVID-19 because it has sufficient capital already raised but not deployed – its 'dry powder'. Funds' ongoing investment in their portfolio companies is what generates long-term returns on exit. However, that use of dry powder is not always about the growth of a company – sometimes it is about keeping the company going during tough times.

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.

Trademarks: why companies should obtain copyright for logos
GEVERS
  • Intellectual Property
  • International
  • 20 July 2020

When a company decides to refresh its image and develop a new logo, it will probably want to protect the logo as a trademark. In most cases, a new logo will have been designed by an employee, a freelancer or a communication agency. However, companies often overlook the fact that, in such cases, the employee, freelancer or communication agency automatically owns the logo's copyright, even if the logo was designed at the company's request.

IP rights, market ecology and sustainability: strategic directions post-COVID-19
IP Law Galli
  • Intellectual Property
  • International
  • 13 July 2020

From every angle, intellectual property is one of the great engines of the contemporary world, which not only fosters (and must continue to foster in the post-COVID-19 economy) progressive developments in relation to technology and quality of life, but also carries the 'antibodies' needed to protect the environment. This article examines the role that intellectual property plays in both economic development and sustainable growth.

Did you know: domain name registration is no substitute for trademark registration?
GEVERS
  • Intellectual Property
  • International
  • 06 July 2020

Unlike a trademark, a domain name is a contractual right which is primarily used to identify a website. In most jurisdictions, it cannot serve as a basis to oppose the commercial use of a sign or the registration as a trademark of a sign that is contained in the domain name. In short, the exclusive character of the domain name holder relates and is limited to the domain name as such.

Effective IP rights management to successfully overcome post-crisis challenges
IP Law Galli
  • Intellectual Property
  • International
  • 15 June 2020

Economic success following the COVID-19 crisis will arguably depend on four considerations: globalisation, human rights and freedoms, flexible working and quality of life. In light of this, effective IP rights management will be more important than ever after the current crisis. Companies should prepare a strategy that integrates a future-oriented IP rights management plan to deal with the potential challenges and demands outlined in this article.

Global antitrust and competition trends in 2020
Norton Rose Fulbright
  • Competition & Antitrust
  • International
  • 11 June 2020

The world is living through the most dynamic period in antitrust and competition policy for decades – with pressure for change coming from different directions and likely to generate concrete proposals and political controversy in 2020, plus the global COVID-19 pandemic adding unprecedented complexity and uncertainty. In this context, this article highlights a number of significant trends and developments of which businesses should be aware.

COVID-19 Weekly Report (1-7 June 2020)
International Law Office
  • Corporate & Commercial
  • International
  • 09 June 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.