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By Kit Jarvis, Zachary Segal
It was revealed in early January 2007 that the Financial Services Authority is conducting a study with the Federal Reserve Bank of New York and the US Securities and Exchange Commission to examine counterparty credit risk exposures to hedge funds, and collateral policies, procedures and practices.
By Kit Jarvis, Jay Sahota
Hedge fund managers often provide certain investors in hedge funds with separately negotiated ‘side letters’ granting terms that are different from the fund’s standard offering documents.
By Koos Rasser
Now that individual Member States of the European Union have given up some of their sovereignty, the extraterritorial jurisdiction of patent judges is a point that merits serious debate.
By Paul Clarkson, Christopher Pierce
Proposals have been circulating before the United States Congress regarding changes to the US code to restrict continuation practices for US patent applications. In Europe, the term "continuation application" does not exist. Nevertheless, it is customary for applicants to file divisional applications and ‘divisionals of divisionals’in order to extract the last benefits from their applications and to prolong pendency.
By Isabel Davies, Bruno Lebrun, Andreas Stargard
Competition and intellectual property laws are closely linked, but a number of recent cases confirm that disparities remain in how European and US courts tackle conflicts between the two.
By Carina Gommers
On 3 March 2005, the Belgium House of Representatives adopted legislation to implement European Directive 2001/29/EC of 22 May 2001 on the harmonistion of certain aspects of copyright and related rights in the information society.
By Calum Smyth
In one of the year’s most valuable contract claims to come before the UK Patents Court, the CAT v Abbott dispute demonstrates the importance of properly understanding both the extent of existing IP rights and the nature of the protected technology, when drafting commercial agreements in technically complex fields.
By David Stone
Copycat or look-alike products are currently one of the biggest issues for brand owners in Europe. A decision of the High Court of England & Wales, refusing an injunction sought by cat food manufacturers Masterfoods, demonstrates the importance of obtaining registered rights for product packaging, where possible.
By Kristien Carbonez
This European Court of Justice (ECJ) decision has made it more difficult for trade mark owners to prevent third parties from referring to their trade marks if such endorsement is ‘honest’.
By William Hoyng
It is now 20 years ago that I argued for the first time in Monsanto v DSM that a Dutch Court could grant an injunction, which later became known as a cross-border (the better name) or pan-European injunction.
By Frank Eijsvogels
On 26 May 2004, the District Court of The Hague rendered a decision in a matter between Stork and CFS.Stork claimed a declaration of non-infringement of CFS’s US patent on the grounds of non-infringement and the invalidity of the CFS patent. CFS argued that the Court lacked jurisdiction.
By Paul Clarkson
The Enlarged Board of Appeal of the European Patent Office (EPO) recently issued much awaited decisions (G1/03, G2/03) concerning the use of disclaimers to delimit the claimed subject matter of a patent. Pragmatically, the Enlarged Board has decided that the use of a disclaimer without basis in the original application does not constitute prohibited added subject matter.
By David Stone
A decision of the European Court of Justice (ECJ) on 24 June 2004 confirms the registerability as trade marks of combinations of colours per se. Brand owners may wish to review their portfolio to ensure they are fully taking advantage of trade mark protection for colours.
By Isabel Davies
On 1 July 2004 European Union Regulation 1383/2003 came into force, simplifying the procedures for seizure by Customs of infringing goods throughout the EU. Businesses should consider their current customs seizure arrangements, as significant efficiencies are now available. Preventing counterfeit or pirated goods from entering the EU can be much more efficient than trying to stop distribution once the goods enter the EU.
By Kristien Carbonez
The issue as to the distinctiveness and registrability of three-dimensional trade marks has occupied the European courts for some time now, with significant decisions concerning registrability of the shape of a forklift truck, a torch, a wristwatch, cigar and gold ingot shapes for chocolate, the shape of soap tablets for washing machines and the registrability of a three dimensional mark consisting of the packaging of a product.