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Nagashima Ohno & Tsunematsu | Japan | 18 Apr 2019

New commitment procedure under Anti-monopoly Act

A new commitment procedure was recently introduced to the Anti-monopoly Act (AMA), enabling enterprises to voluntarily resolve suspected violations of the AMA with the Japan Fair Trade Commission (JFTC). If a commitment is approved, the conduct of the enterprise concerned will not be considered a violation of the AMA and the enterprise will not be subject to legal penalties. The new procedure......
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Mazlan & Murad Law Associates | Maldives | 3 Apr 2019

Application of international air law treaties in the Maldives

The Constitution provides that any international treaty to which the Maldives becomes a party will be enforced only on Parliament's approval and in accordance with any conditions of such approval. Among others, the Maldives has ratified the Convention on International Civil Aviation and the Convention on the International Recognition of Rights in Aircraft. Further, there have been talks about......
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Global Law Office | China | 21 Mar 2019

Are recordings made without counterparty's consent admissible as evidence in arbitration?

It has long been disputed whether video or audio recordings can be admitted as evidence in arbitration where they are made without the counterparty's consent. Although the general attitude in this regard has become more relaxed, such private video and audio recordings are not an effective form of evidence, as the counterparty may dispute them for many reasons. Thus, in order for recordings to......
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Fasken | Canada | 6 Mar 2019

New rules on police record checks in Ontario

The Police Record Checks Reform Act 2015, which recently came into force, standardises the types of police record check that can be performed and the types of information that can be disclosed. The new rules are important for employers that use police record checks to screen employees, applicants, volunteers or others. Employers must understand the differences between the three types of check......
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Patrikios Pavlou & Associates LLC | Cyprus | 23 Jan 2019

Mergers and reorganisations – an overview

Cyprus boasts an attractive merger and reorganisation regime not only locally (ie, between Cyprus entities), but also at an EU level. Besides the well-known advantages of merging two companies (eg, the transfer of assets and liabilities without the need for the novation of contracts or other cumbersome procedures), mergers and reorganisations in Cyprus are also attractive from a tax......
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Borden Ladner Gervais LLP | Canada | 17 Jan 2019

Court of appeal declares notice to arbitrate null due to its attempt to achieve consolidation without consent

The British Columbia Court of Appeal recently declared a notice to arbitrate a nullity because it sought to commence four separate arbitrations against three different parties under four separate arbitration agreements. Practitioners and parties entering into multiple contracts relating to the same subject matter or project should consider whether it is desirable to have all potential......
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Grau & Angulo | European Union | 24 Dec 2018

Preliminary injunctions granted against Blablatel Mobile for parallel imports

In October 2018 the EU Trademark Court Number 1 of Alicante granted the interim injunction application filed by Xiaomi Inc against Blablatel Mobile SL for trademark infringement due to the parallel import of technological products from outside the European Economic Area. This decision is notable, as it confirms that importing goods that were originally intended to be marketed outside the......
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Borden Ladner Gervais LLP | Canada | 6 Dec 2018

Consolidation of arbitration proceedings without consent: cautionary tale

In a decision that is inconsistent with the weight of Canadian and international jurisprudence, the Court of Queen's Bench of Alberta recently ordered the consolidation of arbitration proceedings without the consent of all parties. For now, parties and practitioners should be aware that arbitrations seated in Alberta may be subject to consolidation without consent.
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KISCH IP | South Africa | 3 Dec 2018

IP and the shape of things

Proprietors that are interested in registering a shape or container mark should be aware of the kind of protection that a specific IP act affords them and ensure that they layer their rights in order to have the best protection as well as protection in perpetuity. The most important question for proprietors in this regard is whether they intend to use the shape for a short or prolonged period.
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Noerr PartGmbB | Germany | 16 Nov 2018

Formal requirements on agreements to amend real estate purchase contracts after conveyance

Federal Court of Justice case law suggests that the parties to a real estate purchase contract can in principle immediately change its content without having to comply with notarial form requirements after the notarial certification of the real estate purchase contract containing the conveyance has been concluded. The court's recent decision in this regard is to be welcomed in the interests......
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