A Ruling setting forth the Guidelines to Analyze and Verify Consumer Information and Advertising Material was published in the Federal Official Gazette on July 24, 2012 to become effective on August 23, 2012 ...
In Sir Arthur Conan Doyle’s short story Silver Blaze, Sherlock Holmes noticed that the guard dog for a famous racehorse did not bark on the night that the horse disappeared and its trainer was found murdered on the moor. 1. Holmes correctly deduced from this that the dog must have known the killer. 2 Inspector Gregory of Scotland Yard overlooked the same clue when he earlier accused a stranger of the murder ...
During the ITMA Asia + CITMA 2012 in Shanghai (12th - 16th June 2012), an exhibition of worldwide fame for textile machinery manufacturers, the Belgian company Picanol NV has at a Shanghai court successfully applied for and enforced interim injunctions to stop design patent infringements against three Chinese manufacturers, Guangdong Fengkai Machinery Co., Ltd., Shandong Liaocheng Youjia Textile Machinery Co., Ltd. and Zhejiang Wanli Textile and Machinery Co ...
On 20 June 2012, the Court of First Instance (in proceedings brought by the Securities and Futures Commission ("SFC")) ordered Hontex International Holdings Company Ltd ("Hontex") to make a repurchase offer to about 7,700 investors who had subscribed for Hontex shares in the initial public offering in December 2009 or purchased them in the secondary market during the 3 months after its shares were listed (by then the present action was taken by the SFC) ...
As a consequence of a number of copyright rulings from the CJEU, the Swedish threshold of originality requirement is being superseded by an EU originality criterion. In this article, Henrik Bengtsson, IP expert at Delphi in Stockholm, reports on the development and the possible impact on the harmonisation of Swedish copyright law ...
LAVERY follows the evolution of consumer law closely, its specialized expertise in the fields of retailing and class actions has been confirmed many times by stakeholders in the milieu ...
In a Judgment handed down on 28 March 2012, Mr. Justice Hartmann JA determined various questions relating to legal professional privilege. The case involved Citic Pacific ...
China effected major changes to its 1997 franchise administrative measures (trial) in 2005, defining more clearly the way foreign brands might operate franchise businesses in China ...
Laverly follows the evolution of consumer law closely. Its specialized expertise in the fields of retailing and class actions has been confirmed many times by stakeholders in the milieu. Laverly makes it its duty to keep the business community informed about these matters by regularly publishing bulletins that deal with judicial and legislative developments that are likely to leave their mark and influence or even transform practices in the milieu ...
All fire insurance policies which cover a mortgaged immovable contain a clause dealing with the mortgage security (the “mortgage clause”). Financial institutions are familiar with this clause, which is considered as a separate contract from the insurance policy between the insurer and the mortgage creditor (the “creditor”) of the insured immovable ...
Government guidance that suggests parent companies are unlikely to be snared by anti-bribery legislation that catches a subsidiary could lull businesses into a false sense of security. While it is unlikely that a subsidiary or joint venture partner operating independently and caught by the Bribery Act would make its parent liable, there is other legislation ready to catch the owner ...
Ukraine is a civil law country with the Constitution being a principal source of law. The main sources of civil and commercial law are acts promulgated by the legislative and executive branches of the state. International treaties ratified by Parliament become part of national law and prevail in a conflict with domestic law ...
The honourable justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion for authorization to exercise a class action instituted by Mr. Kerfalla Toure (hereinafter "Toure") against Brault & Martineau (hereinafter "B & M) . (1) In order for a class action to be authorized by the Superior Court, the Code of Civil Procedure sets out the four conditions which must be fulfilled ...
On December 15, 2011 was published in the Official Journal of the Federation the decree by which they renovated and added various articles of the Federal law on protection to the consumer, which entered into force the day after its publication ...
Kocián Šolc Balaštík kicked off the new year by helping complete a significant transaction: the sale of UG Air, an operator of duty free and fashion shops at the international airport in Prague, to Aelia Czech Republic s.r.o. KSB has provided legal advice to UNIMEX GROUP, a.s ...
The Federal Circuit recently resolved two issues of first impression as to how patent reexamination proceedings affect related patent infringement litigation. These two cases, Marine Polymer1 and Bettcher Industries,2 are likely to have a significant impact on both litigation and reexamination-proceeding practices, as well as the strategic interplay between them ...
A recent decision in the Full Federal Court has shown that while manufacturers are generally free to make goods according to a design that is not registered, care must be taken to ensure that those products are branded in a way that distinguishes them from the market leader ...
A new change in the Italian regulation of the industrial design has been recently introduced by section 8, paragraph 10, of Law Decree no. 70 of May 13, 2011 (“First urgent provisions for the economy”), aimed at restricting the temporary protection granted to industrial design works under copyright law under section 239 of the Industrial Property Code (Legislative Decree no. 30 of February 10, 2005, as amended by Legislative Decree no ...
The past year has seen a significant rise in the uptake of mediation as an alternative means of dispute resolution and this is a trend which is likely to continue. Designed to resolve disputes to the (relative) satisfaction of both parties at an early stage, mediation uses an independent, specially trained third party mediator to facilitate private and confidential settlement discussions between parties ...
INTRODUCTION TO DISPUTE RESOLUTION FRAMEWORK Ukraine is a civil law country with the Constitution being a principal source of law. The main sources of civil and commercial law are acts promulgated by the legislative and executive branches of the state. International treaties ratified by Parliament become part of national law and prevail in a conflict with domestic law ...
Your employees may be using your business’s credit cards to make charges you haven’t authorized. And if you don’t discover it soon after the fact, you may be liable for those charges. “A court’s rationale is pragmatic and straightforward ...
The situation is this: you represent a manufacturer in a tort dispute. During discovery, plaintiffs notice a Rule 30(b)(6) deposition of your client’s representative, but elect to forgo the deposition in exchange for negligible admissions filed by your client. Discovery has closed. The trial date is looming ...
Alternative dispute resolution benefits the public no matter what the outcome Attorney-General Robert McClelland continues to pus alternative dispute resolution after launching the report A Strategic Framework for Access to Justice in the Federal Civil Justice System late last year. One of its main recommendations is to encourage Commonwealth agencies to use ADR ...
The majority of disputes are settled before trial, and an increasing number are settled before proceedings are issued. The Civil Procedure Rules that provide the framework for litigation in England and Wales encourage parties to consider alternative ways to resolve their differences. There are a variety of techniques that can be utilised to achieve an early and cost effective settlement. Collectively, these are known as ADR ...
