Clemens Rübel discusses patent matters under review by the CJEU in Germany The requirements of granting interlocutory injunctions in patent infringement proceedings developed over many years by the German Higher Regional Courts will be subject to review by the CJEU. The legal question referred by the Munich judges in a decision on 19 January 2021¹ …
Partners Francisco Tiburcio, Alejandro Catalá and Gilberto Valle analyse the latest legislative crackdowns on Mexican property fraud Enforcement of intellectual property rights in Mexico has always been subject of concern by the title owners as well as of the international community. Therefore, the legal framework of the intellectual property system, linked with the rule of …
Koutalidis’ Gregory Logothetis discusses the impact of Covid-19 on Greek commercial obligations The Covid-19 pandemic has inevitably monopolised legal discourse over the last year, as commercial arrangements and entire businesses have been stressed and often crushed under the burden of extended illiquidity. The pressure of meeting outstanding obligations as a going concern has been one …
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Alexander Cappel discusses how the German legal landscape is going to change based on the future Corporate Criminal Liability Act Over the past few years, we have noticed a large number of multi-jurisdictional enforcement actions against large corporate and financial institutions and US and UK authorities in particular have imposed significant fines, not only against …
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Gan Partnership’s Alex Choo, Lim Zhi Jian and Bahari Yeow assess how well Malaysia is equipped to deal with intellectual property infringements As Malaysia (and the world) continue to combat Covid-19, the turn of the new decade promises to be a better year as stakeholders are gradually acclimatising to the new normal. The embrace of …
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SCORDIS, PAPAPETROU & Co LLC examines the key elements of civil fraud proceedings in Cyprus Introduction The development of Cyprus as an international business centre has also led to it becoming a serious hub for international dispute resolution, involving, more often than not, international white-collar crime cases instigated by private individuals, companies and governmental bodies …
António Magalhães Cardoso and Marta Alves Vieira discuss technical expertise in IP litigation matters Complex intellectual property (IP) litigation matters often require specialised knowledge that the assigned judges and the parties’ counsels generally do not possess. The facts and the matters at stake in many IP litigation cases – particularly, in patent, utility model or …
Why are fraud disputes increasing year on year? Numbers collected by the litigation intelligence company Solomonic show a dramatic increase: 94 fraud-related cases were recorded in 2020, compared with 61 cases in 2019 and 31 in 2018. Based on our experience, 2021 is likely to see that number go even higher. It’s hard to know …
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The Supreme Court judgment in the Financial Conduct Authority (FCA) test case was a resounding victory for policyholders. Two potential unintended consequences of that judgment are considered here Contractual interpretation So-called ‘disease clauses’ provide cover for business interruption caused by the occurrence of a notifiable disease within (say) 25 miles of the insured premises. To …
What advice would you give to clients who want to be prepared for potential investigations in relation to the criminal offences of failure to prevent the facilitation of tax evasion? A defence exists of having ‘reasonable prevention procedures’ in place. Therefore, the first thing that I would advise is to ensure these procedures are in …
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