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DLA Piper | Italy | 27 Jul 2021

Administrative Court eases intermediary obligations with annulment of regulation amendments

The Administrative Court of Lazio recently upheld an appeal brought against the Insurance Supervisory Authority (IVASS) by the Sindacato Nazionale Agents di Assicurazione. The appeal concerned the annulment of certain provisions of IVASS measure 97, which amended IVASS Regulation 40/2018 on insurance distribution.

AKD | Netherlands | 27 Jul 2021

"As is where is" – can it be relied on?

Parties often agree to the sale of a vessel under "as is where is" conditions. However, even if this provision is interpreted to the effect that no guarantee of quality is given, it is not easily accepted as an exoneration of the seller against any and all claims by the buyer.

RPC | United Kingdom | 27 Jul 2021

Current state of service

In a recent case between global defence conglomerate General Dynamics and the state of Libya, it was held that an English court cannot simply dispense with service of a claim form in proceedings against a state, however difficult service may seem. This case serves as a reminder to all claimants that strict compliance with the rules is key.

Mannheimer Swartling | Sweden | 27 Jul 2021

New guidance on compensation reductions due to provision of incorrect information

The Supreme Court has issued a judgment establishing guidance on adjusting insurance compensation following a case in which an insured party maintained inaccurate information that had been provided to the insurer prior to the current claim.

Schima Mayer Starlinger | Austria | 27 Jul 2021

Are surcharges for PayPal or instant transfer still unlawful under Austrian law?

In Austria, payees are not permitted to charge fees for the use of a specific payment instrument. The German Supreme Court recently held that a payer and a payee may validly agree that a charge may be levied by the payee for the use of PayPal or instant transfer service. This article considers whether this decision could also allow for charges to be levied by Austrian payees.

RPC | Hong Kong | 27 Jul 2021

Resumed trial or new trial of old case

In a recent case, a judge of the High Court allowed the plaintiff's application for a new trial (a trial de novo or retrial) of a trial that had been adjourned part-heard in July 2008, just before the court's summer vacation that year. This represents a quite remarkable outcome. Assuming that the case does not settle, a new trial is unlikely to be heard for a couple of years and, when it is......

Clasis Law | India | 27 Jul 2021

Can a non-signatory but directly involved party to a contract be compelled to arbitrate?

The Delhi High Court has observed that arbitration is an alternate dispute resolution mechanism that rests on consent between the parties. The rule is that a non-signatory cannot be compelled to arbitrate because said party has not acceded to arbitration. However, in certain exceptional circumstances, a non-signatory may be compelled to arbitrate.

IP Law Galli | Italy | 26 Jul 2021

Ecological transition and intellectual property: new government programmes

Many governments have begun implementing plans to recover from the covid-19 pandemic. Such plans often incorporate support measures relating to two key topics – namely, intellectual property and sustainability. This article discusses the connection between these topics and how their combination can lead to progressive development.

GEVERS | European Union | 26 Jul 2021

Scope of patents: why are patents so important for businesses?

According to the European Patent Convention (EPC), the claims of a patent define the invention. A claim is a definition, in technical and non-technical terms, of the scope of protection of a patent. In Europe, according to the EPC and its Protocol on Interpretation, the contracting states' national courts should interpret claims by adopting an approach that combines fair protection for the......

Obligado & Cia | Argentina | 26 Jul 2021

New resolution on geographical indications and appellations of origin

Law 25,163 and Law 25,380 govern the matters of geographical indications and appellations of origin for wines and wine-based spirits and agricultural and food products, respectively. A new resolution that updates the requirements for the recognition of geographical indications and appellations of origin of agricultural and food products has recently been released.
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