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Elias Neocleous & Co LLC | Cyprus | 29 Jan 2019

Court dismisses defendants' application in limitation period case

Limitation periods in Cyprus were suspended for many years. However, in 2012 the Limitation of Actionable Rights Law was enacted to reintroduce time limits for the filing of civil claims. In a recent case, the District Court of Limassol held that the law on limitation periods, together with Article 30.2 of the Constitution, imposes specific time limits to ensure the rule of finality and......
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RPC | United Kingdom | 29 Jan 2019

Football club loses return fixture as entire agreement clause lets in misrepresentation claim

The High Court recently confirmed on appeal from a master's decision that although an entire agreement clause concerning the sale of Nottingham Forest Football Club purported to extinguish all previous representations, it did not in fact exclude liability for misrepresentation. That there were contractual indemnities covering effectively the same subject matter did not, without clear......
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Global Law Office | Global | 24 Jan 2019

Emergency relief under new HKIAC rules

The Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2018 have significantly amended the 2013 rules. In particular, the amendments have considerably reduced the time required to appoint an emergency arbitrator, which will also save parties money. By standardising its procedures and making them more efficient, the HKIAC has made itself an attractive......
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Elias Neocleous & Co LLC | Cyprus | 22 Jan 2019

Absence of claimant results in claim dismissal

The Supreme Court recently upheld a lower court's decision to dismiss an appellant's claim in first-instance proceedings. The claimant had been the only witness in her case, but – after failing to attend the hearing on the appointed date – had requested an adjournment of the case through her lawyers on the grounds that she was unable to attend due to absence abroad for health reasons. The......
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Westerberg & Partners Advokatbyrå Ab | Sweden | 24 Dec 2018

No infringement where software backups are passively stored

The Supreme Court recently declared that the mere passive storage of backups of copyrighted software with expired licences does not constitute copyright infringement. The judgment is significant as it clarifies which actions constitute copyright infringement and, from a practical perspective, relieves licensees from having to mine their backup servers in pursuit of potential 'sleeper'......
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Khaitan & Co | India | 18 Dec 2018

Bombay High Court upholds constitutionality of Maharashtra's right to tax lottery schemes

The Bombay High Court recently upheld the constitutionality of the Maharashtra Tax on Lotteries Act 2006. The legality and taxation of lottery schemes in Maharashtra has been at the centre of a catena of judgments, including State of Bombay v RMD Chamarbaugwala and Writ Petition 854/2007. The latest judgment clarifies that the taxation of lotteries falls within the ambit of the term 'betting......
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George Z Georgiou & Associates LLC | Cyprus | 13 Dec 2018

Supreme Court dismisses appeal in Michaelides v Cooperative Bank of Pegia

The Supreme Court recently dismissed an appeal of a first-instance judgment which had applied the well-established principle that arbitral award registrations are a formality wherein district courts do not proceed to examine the merits or substance of the award. The Supreme Court rejected all of the appellant's arguments, dismissed the appeal in its entirety and endorsed the first-instance......
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Wanhuida Intellectual Property | China | 10 Dec 2018

Regulations clarify new agencies' roles following institutional IP reform

China's State Intellectual Property Office was recently renamed the National Intellectual Property Administration. Simultaneously, the activities of a number of government entities, including the State Administration for Industry and Commerce and the State Intellectual Property Office, were regrouped under the State Administration for Market Regulation. Since the government announced this......
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ENSafrica | South Africa | 5 Dec 2018

Medical cannabis: growing pot-ential

Cannabis has enjoyed heightened attention following a recent ruling decriminalising the private possession, consumption and cultivation of the plant for recreational purposes. While there have been several positive developments in the promotion of the medical cannabis market in South Africa, the overarching regulatory framework and authorities' current practice remain barriers to entry for......
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Freidenberg Freidenberg & Lifsic | Argentina | 5 Dec 2018

Qatar Airways struck with fine over breach of contract

Carriers' commitment to travel at certain times implies a duty of extreme diligence to respect the terms of their offer and such commitment is essential to those who use their services. A first-instance court recently declared that Qatar Airways breached its transport contract and the obligations to its passengers following the delay and cancellation of one of its flights from Sao Paulo to......
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