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Commentary

Ogier | Cayman Islands | 3 Aug 2021

Snapshot: management meetings are integral in section 238 proceedings

The Grand Court of the Cayman Islands has once more emphasised the central role that experts play in section 238 proceedings and that it is integral to the process to allow them to meet with management to gather information that they consider to be relevant. This decision reinforces the importance of the company cooperating with requests from experts in section 238 proceedings, which are......
Commentary

Clasis Law | India | 3 Aug 2021

Conditional or unconditional stay in enforcement of an arbitral award?

The Calcutta High Court recently dealt with the question of whether the courts have discretion under section 36 of the Arbitration and Conciliation Act to direct the deposit of any amount as they deem appropriate to stay the execution of an award pending the consideration of an application under section 34 thereof.
Commentary

RPC | United Kingdom | 3 Aug 2021

When will courts step in to correct contractual mistakes?

The court will intervene to correct a drafting mistake only if the contractual provisions are "nonsensical or absurd". The Court of Appeal recently considered this issue in a dispute between a landlord and a tenant. Contracting parties should ensure that the language of their agreements accurately reflects the intended terms.
Commentary

Fieldfisher | United Kingdom | 3 Aug 2021

Managing franchisee debt – new insolvency laws update and tips for minimising franchisor financial exposure

Some of the economic measures put in place to reduce the impact of the covid-19 pandemic are here to stay. One such measure, section 233B of the Insolvency Act 1986, which was introduced by the Corporate Insolvency and Governance Act 2020, can have a significant impact on franchisors. Franchisors should act now to review their franchise agreements and supply terms to ensure that they provide......
Commentary

LNT & Partners | Vietnam | 3 Aug 2021

Bold new approach for digital banking

In late 2020 the State Bank of Vietnam issued Circular 16, which amends Circular 23 and provides guidance on the opening and use of payment accounts at payment service providers. It is one of the most prominent legal documents issued to promote the transformation and development of cashless payments and it is expected to pave the way for more foreign credit institutions, banks and tech......
Commentary

Aluko & Oyebode | Nigeria | 3 Aug 2021

Implications of CBN circulars on cryptocurrency transactions in Nigeria

In February 2021 the Central Bank of Nigeria issued a letter to all deposit money banks, non-bank financial institutions and other financial institutions to remind them that dealing in cryptocurrencies or facilitating payments for cryptocurrency exchanges is prohibited. However, it appears that decentralised currency innovations such as cryptocurrencies are here to stay, which suggests that a......
Commentary

Lapointe Rosenstein Marchand Melançon LLP | Canada | 3 Aug 2021

Deli wars! Unauthorised Dunn's franchisees and their directors are liable for infringement

The Federal Court of Appeal recently decided on a matter of alleged trademark and copyright infringement. This case is an important example of how franchisors can use trademark and copyright legislation to protect their brand and enforce ownership of their franchise system. It also serves as a reminder for franchisors to ensure that the copyright in various materials used in the franchise......
Commentary

OMC Abogados & Consultores | Peru | 2 Aug 2021

IP rights during covid-19 pandemic: FAQs

According to the National Institute for the Defence of Competition and Protection of Intellectual Property, there was a notable increase in trademark applications for goods in the healthcare area (eg, pharmaceuticals, alcohol gel and masks) in 2020. This article answers FAQs about changes in IP procedures and trends in Peru that have resulted from the covid-19 pandemic.
Commentary

Abdulai Taiwo & Co | Nigeria | 2 Aug 2021

Effective local strategy for combatting IP pandemic – counterfeiting

While the world is grappling with the effects of the covid-19 pandemic, the IP world has continued to be plagued with another pandemic – counterfeiting. In Nigeria, the National Agency for Food and Drug Administration and Control (NAFDAC) has proven to be an effective and cost-efficient recourse in fighting counterfeiters and counterfeit goods. The success of NAFDAC procedures may depend on......
Commentary

Wanhuida Intellectual Property | China | 2 Aug 2021

Guiding opinions released by CNIPA and SAMR to strengthen protection of GIs

The China National Intellectual Property Administration and the State Administration for Market Regulation recently released Guiding Opinions on Further Strengthening the Protection of Geographical Indications. This will ramp up efforts in the areas of legislation, accreditation and administrative enforcement of geographical indications.
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