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BIT protections unaffected by EU law: Eastern Sugar BV v Czech Republic
  • Herbert Smith Freehills LLP
  • Czech Republic, European Union, Netherlands
  • January 8 2008

According to a tribunal constituted under the UNCITRAL (United Nations Commission on International Trade Law) Rules, protections enjoyed by foreign investors under the Czech-Netherlands Bilateral Investment Treaty are not superseded by the Czech Republic’s accession to the EU

Two stripes and you're out - ECJ finds decorative use of stripes can still be an infringement of adidas's three-stripes mark and that the "availability" argument does not apply
  • Herbert Smith Freehills LLP
  • European Union, Netherlands
  • April 15 2008

The general public interest in ensuring that there is availability of certain signs for commercial use (that is a consideration for the assessment of registrability or revocation) is not relevant to considerations of the extent of protection afforded to a mark in terms of the likelihood of confusion (Article 5(1)(b) Trade Marks Directive (Directive); section 10(2) Trade Marks Act 1994 (Act)) or assessment of unfair advantage (Art.5(2) Directive; section 10(3) Act), nor could it be used as a defence in relation to the limitation of the effects of a trade mark under unless the sign used specifically related to the kind, quality or nature of the goods etc (Art. 6(1)(b) Directive; section 11(2) Act

Multinationals’ risks of being subject to court proceedings in their home jurisdictions for acts committed overseas- EU versus US position
  • Herbert Smith Freehills LLP
  • European Union, Netherlands, United Kingdom, USA
  • March 5 2015

The recent settlement of claims brought by Nigerian fishermen in the English courts against the oil company Shell serves as a reminder that

Amanda Hale
  • Herbert Smith Freehills LLP

Dominic Roughton
  • Herbert Smith Freehills LLP

Angela Zhang
  • Herbert Smith Freehills LLP

Antony Crockett
  • Herbert Smith Freehills LLP

Donald Robertson
  • Herbert Smith Freehills LLP

Anne Hoffmann
  • Herbert Smith Freehills LLP

James Robinson
  • Herbert Smith Freehills LLP