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Tadmor Levy & Co | Israel | 14 Mar 2019

Major competition law reform comes into force

Parliament recently passed an amendment to the Economic Competition Law that represents its most significant overhaul since its enactment in 1988. The amendment covers nearly all of the law's substantial chapters and affects the regulation of restrictive arrangements, the merger control regime, the regulation of monopolies and criminal and administrative enforcement measures.
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Wanhuida Intellectual Property | China | 28 Jan 2019

Supreme People's Court to establish IP tribunal to hear appeals and retrials of highly technical cases

The 13th National People's Congress Standing Committee recently concluded its sixth session and adopted the Decision on Several Issues concerning the Litigation Procedures of Patent and Other IP Cases. Among other things, the decision provides that first-instance judgments rendered in highly technical civil IP cases will be directly appealable to the Supreme People's Court.
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Wilson Elser | USA | 12 Dec 2018

Exculpatory clauses in towage contracts: limiting exposure in light of Bisso doctrine

In Bisso v Inland Waterways Corp the Supreme Court held that clauses in towage contracts that release the tug owner from all liability from its own negligence are invalid as they contravene public policy. Since then, the courts have struggled with the extent to which Bisso precludes exculpatory clauses in towage contracts. However, Bisso has been widely criticised and the courts have......
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Smart & Biggar | Canada | 3 Dec 2018

The date is set – new trademark law will be in force June 2019

After years of uncertainty, a date has been set for the implementation of Canada's new trademark law, which will come into force on 17 June 2019. The law will bring about significant changes, including the simplification of trademark applications, the elimination of the government registration fee for new applications and the introduction of fees per class.
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KISCH IP | Global | 19 Nov 2018

To patent or not to patent

Patent professionals often wonder whether to patent an invention or keep it confidential and hope that a third party does not copy it. As patents are a powerful commercial asset which may be licensed, sold, assigned or form the subject matter of a hypothec, the risk of having an invention reverse-engineered and freely copied must be carefully weighed against the controlled disclosure of the......
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AnJie Law Firm | China | 18 Oct 2018

Court examines refusal to deal in private antitrust litigation against Tencent

The Shenzhen Intermediate People's Court recently issued its judgment in the private antitrust litigation brought by domestic software company Shenzhen Micro Source Code Software Development Co Ltd (SMSCSD) against tech giant Tencent. SMSCSD had alleged that Tencent possessed a dominant position in the China mainland market for mobile instant messaging and social platform services and had......
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Hogan Lovells | Mexico | 15 Oct 2018

Will Mexico suspend bidding rounds and farm-outs?

The 2013 energy reform significantly opened up the energy sector to private participation, thus ending the state's decades-long monopoly. However, the newly elected administration has pledged to revisit the reform and grant the state greater control of the sector. Although there have been mixed messages in this regard, the new administration has confirmed that the third bidding round for......
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 4 Oct 2018

Competition Board issues first antitrust decision for excessive pricing in online ads market

The Competition Board recently concluded an investigation into allegations of abuse of dominance in the provision of online ad services to commercial customers for the sale and rental of real estate and vehicles. The board concluded by a majority that Sahibinden.com had abused its dominant position. The decision could set a landmark precedent in terms of the analysis of excessive pricing in......
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Hogan Lovells | Mexico | 1 Oct 2018

New president will shift course of energy reform

Throughout his campaign, and now as president elect, Andrés Manuel López Obrador has sent mixed messages with respect to various core reforms implemented by the outgoing administration, including the energy reform adopted in late 2013. Although the incoming administration has publicly stated that it will reverse the reform where possible, it is likely to adopt a more central position once it......
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KISCH IP | South Africa | 1 Oct 2018

Commercial transactions and patents: key considerations

A business's intellectual capital, particularly its patent portfolio, is one of many factors which should be thoroughly evaluated prior to entering into a licensing agreement or undertaking a merger or acquisition. While every commercial transaction is unique, during such an evaluation, a number of matters should be considered in view of the Patents Act.
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