Patents offer useful services. With them, the holder can prevent competitors from offering products using the patented technology. In addition to the rights that a patent holder has had up until now (injunction, disclosure, indemnification), now a fourth right is joining in on the action and is continuously gaining in significance. This right involves the right to inspection. It is especially important in the case of process patents and at trade shows ...
The world is in an upheaval now with the pandemic raging for over a year. The discussions and decisions that probably would never have been made a few years ago are being made today in the interest of the greater good and the public at large. When Bill Gates expressed his reservations against lifting IP protection on vaccine patents, it left the world reeling and his comments understandably criticised by experts and laymen alike ...
Packaging and packaging waste has been regulated by the European Union (“EU”) since 1994. As consumers, we all know that most goods are sold in packaging, and that there may be various packaging at the several stages of the product’s life. Packaging comes in a diversity of material (glass, paper, cardboard, metal, plastics, wood, corks, textile, ceramics or porcelain…) and items (cans, tubes, boxes, films and bags) ...
Can “consent” to use a registered trade mark be considered an abandonment by the owner of the exclusive rights to that registered trade mark in perpetuity? Section 40(1)(dd) of theTrade Mark Act 1976 (“Act”) provides that it is not a trade mark infringement if it is “the use by a person of a trade mark in relation to goods or services to which the registered proprietor or registered userhas at any time expressly or impliedly consented to” [Emph
As we near the second year of the COVID-19 pandemic, trademark maintenance deadlines in 2021 create new obstacles for registrants. To maintain a federal trademark registration, registrants must periodically file an affidavit of use under Section 8, swearing that the mark is in use in commerce or that the registrant has an acceptable excuse for nonuse. Recent office actions show that the U.S ...
The Online Safety Act 2023 (the "OSA") became law on 26 October 2023 and will affect over 100,000 organisations. Here, we focus specifically on the overlaps between the OSA and data protection legislation, outlining the synergies (and differences) in key areas, together with some practical tips. This firm has been a consistent source of commentary and practical guidance on the new Online Safety Act 2023 (the ‘OSA’) ...
Who knows why Luis Suarez bit Giorgio Chiellini at the FIFA World Cup 2014. Perhaps it’s a compliment to great Italian defending? Or something to do with the increasing demands of the modern game? Whatever the answer may be, none of us truly believe that this sort of thing is acceptable. But precisely what are the rules that regulate this sort of conduct? Most of us were told not to bite when we were very young - so that we know ...
The Nils Svensson v Retriever Sverige AB decision addresses fundamental questions of copyright and Internet use. In essence, the case addresses the question of whether hyperlinking to freely accessible content requires authorization. The original plaintiffs of the Svensson case were Swedish journalists who wrote press articles that were published in the Goteborge-Posten newspaper and on its website, where they were freely accessible ...
Foreign brand owners have often questioned whether they need a trademark registration in the PRC when engaging PRC factories for Original Equipment Manufacturing (OEM) activities. Previously, a pure OEM arrangement with proper authorisation from the owner of a trademark registration in the exporting country, would generally not be considered infringement of identical or similar PRC trademarks ...
The British government has adopted stringent measures to reduce the spread of the novel coronavirus effective from 23 March 2020[1], including a nationwide lockdown, closure of non-essential shops and public venues and mandatory social distancing. The general rule is that people should stay at home, but workers can travel to and from work if they cannot perform their work from home[2] ...
Another great year for the Ocean team at SVW has ended. The Shipping industry had a great year, as we have witnessed it through our clients’ engagements. More steps have been taken toward environmentally smarter investments by many clients, not only within the fuel engine options in new-building orders, but also piloting strategic joint ventures and collaborations in the fuel terminals infrastructure (hydrogen/ammonia), as well as power plants ...
On August 29, 2014, Normative Resolution N. 112 was published, amending Article 4 of Normative Resolution N. 98 of November 14, 2012. Normative Resolution 112/2014 provides that the temporary visa item V can be granted to foreign nationals who will enter Brazil to work exclusively in the preparation, organization, planning and execution of the 2016 Rio Olympic and Paralympic Games and who do not have a Brazilian sponsoring company or any employment relationship with a Brazilian company ...
Finding that the taking of photography is entitled to the same First Amendment protection as photographs themselves, the Texas Court of Criminal Appeals struck down the state's "improper photography or visual recording" statute, a statute that made it a crime to photograph or record someone in a place other than a bathroom or private dressing room without their consent and "with the intent to arouse or gratify the sexual desire of any person." Ex Parte Thompson (Tex. Ct. Crim. App. Sept. 17 ...
Overruling 38 years of precedent, the NLRB has determined employers have no duty to permit union organizers to use “public space” to solicit union support on their property. UPMC and SEIU, 368 NLRB No. 2 (June 14, 2019). UPMC is a hospital system based in western Pennsylvania. SEIU organizers visited the hospital cafeteria and distributed organizing materials to employees over lunch discussing union organizing activity ...
In recent years, Russia has focused on regulating its IT area. In particular, this has been needed due to the increasing number of cases, when prohibited information has been distributed on various large Internet resources, such as a social network. However, according to Russian government agencies, despite the risks of possible sanctions, many foreign companies still do not respond quickly enough to government requests, or ignore the demands to remove prohibited information ...
Within the agricultural and food supply chain, significant imbalances in bargaining power between suppliers and buyers of agri-food products are frequent. Those imbalances in bargaining power are likely to lead to unfair trading practices. The Directive 2019/633 (the “Directive”) aims to ensure that agri-food companies are protected against these unfair practices. Scope of the Directive The Directive’s scope is very limited ...
We would like to inform you of several draft laws in the TMT area, that were adopted by the Russian Parliament, and finally signed by the President. We have prepared a short description for you below ...
The Ministry of Economy published the new proposed Regulation on Price Information per Unit of Measurement of Products (Decree No. 229 of 2002), which seeks to improve the transparency and quality of the information provided to consumers regarding the prices of products both in physical stores and online, so that they can make informed purchasing decisions and promote fair competition in the market ...
The Ministry of Health has published a new public consultation process regarding proposed modifications to the Preliminary Titles; II "Food"; XXVII "Of Alcoholic Beverages, Fruit and Vegetable Juices and Bottled Waters"; and XXIX “Of the Food Supplements and Foods for Athletes” of Decree No. 977/1997 that establishes the Sanitary Regulations for Foods (hereinafter, “ RSA ”) ...
On 1 July 2008 a new Marketing Practices Act entered into force. The new act implements Directive 2005/29/EC on unfair commercial practices and implies some new aspects for Swedish companies to take into consideration. These include a new way of qualifying commercial practices and the fact that marketing statements can, in the final instance, be subject to assessment by the European Court of Justice ...
The Government issued new regulations setting the guidelines and adopting the biosecurity protocol for the operation of the manufacturing industry The Ministry of Work issued Resolution 675 adopting the biosecurity protocol for the management and control of COVID-19 risk in the manufacturing industry. This protocol is complementary to the protocol adopted through Resolution 666 of 2020 and to other measures adopted in each factory ...
This month the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) released new guidance for advertisements used to promote in-game purchases. This guidance applies to providers of online gaming services that offer users the opportunity to purchase virtual items in real-time, such as virtual currencies or extra lives ...
