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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, 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, Paul Clarkson, Christopher Pierce, Christopher Pierce, Christopher Pierce, 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, Isabel Davies, Bruno Lebrun, Bruno Lebrun, Bruno Lebrun, Bruno Lebrun, Andreas Stargard, Andreas Stargard, Andreas Stargard, 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, 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.