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Nater Dallafior Rechtsanwälte | Switzerland | 14 Jan 2019

New patent law provisions addressing pharmaceuticals

New provisions amending the Patent Act recently entered into force. The revised act includes two additional exemptions from patent protection that aim to safeguard the professional use of pharmaceuticals in favour of patients. Further, patent owners may now request to extend their patent protection for six months if they conduct clinical studies concerning the paediatric use of a pharmaceutical.
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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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GRAF ISOLA Rechtsanwälte GmbH | Austria | 3 Sep 2018

Exhaustion of trademark rights and burden of proof

The Supreme Court recently clarified the circumstances in which the burden of proof regarding the exhaustion of trademark rights shifts from the defendant to the trademark owner. It made clear that unless the defendant can prove a concrete risk of partitioning markets, it is up to the defendant to prove that the trademark rights relied on by the plaintiff are exhausted. This should be borne......
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Elias Neocleous & Co LLC | Andorra, Cyprus, OECD | 29 Jun 2018

New double tax agreement between Cyprus and Andorra

Cyprus and Andorra have recently signed a double tax agreement, which is closely based on the latest Organisation for Economic Cooperation and Development Model Convention. The agreement includes a preamble which makes clear that it is not designed to create opportunities for double non-taxation or reduced taxation through evasion or avoidance, as well as a principal purpose test-based......
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Smart & Biggar | Canada, Global | 28 May 2018

New patent term extension framework

The amendments to the Patent Act and the enactment of the Certificate of Supplementary Protection (CSP) Regulations flowing from the Canada-EU Comprehensive Economic and Trade Agreement introduced a new framework in Canada for the issuance of CSPs. CSPs provide an additional patent-like protection term and are intended to partly compensate innovators for the time required to research and......
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Studio Legale e Tributario Biscozzi Nobili Piazza | Italy | 4 May 2018

Budget Law 2018 – new regime applicable to tax on blacklisted source dividends

The Budget Law 2018 introduced, among other things, amendments to the tax regime concerning dividends from non-resident companies located in low-tax jurisdictions (ie, blacklisted companies). 'Blacklisted companies' are entities resident or located in jurisdictions other than EU or European Economic Area member states, whose ordinary or special tax regime grants a nominal tax rate that is 50%......
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Castegnaro | Luxembourg | 14 Mar 2018

Free movement of workers: new provisions on equal treatment and minimum pay for highly qualified workers

A number of changes pertaining to the free movement of workers recently took effect. A new law partially transposed an EU directive on facilitating the exercising of rights granted to workers in the context of freedom of movement into Luxembourg law and amended the Labour Code to incorporate 'nationality' as a criterion for direct or indirect discrimination prohibited by law. Further, a......
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Herbert Smith Freehills LLP | European Union, United Kingdom | 20 Feb 2018

Brexit – PRA consults on approach to UK branches of incoming insurers

The Treasury, Prudential Regulation Authority (PRA) and Financial Conduct Authority recently clarified their approach to EEA-headquartered financial services firms wishing to carry on business in the United Kingdom post-Brexit. More recent evidence to the House of Commons Treasury Committee sheds further light on the PRA's thinking. It also highlights the difficulty for the PRA of giving......
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Pestalozzi Attorneys at Law | European Union, Switzerland | 9 Oct 2017

Major steps taken towards linking Swiss and EU emissions trading systems

Contrary to the EU emissions trading system (ETS), thus far the Swiss ETS does not incorporate aviation emissions. In order to align and link the Swiss and EU ETS, the Swiss system must include these emissions. As such, the Federal Council recently adopted the Ordinance on the Acquisition and Reporting of Tonne-Kilometre Data relating to Distances Covered by Aircraft.
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Davis Polk & Wardwell LLP | United Kingdom | 16 Aug 2017

Life after Brexit: redomiciling in the European Union

UK groups with members in at least two member states of the European Economic Area can use Societas Europaea or cross-border mergers to redomicile to another European jurisdiction. Both regimes may be helpful to a group looking to redomicile entities to other parts of Europe in the context of Brexit, although both have been the subject of recent judicial decisions regarding the form of......
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