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By Konstantin Krienke, Björn Hajek
Plagiarism is increasingly a problem faced by manufacturers of high quality goods.
By Robert Blackett
Winning a big court case or arbitration will be the culmination of many years work, but a new battle may soon thereafter ensue as the winning party chases defendants and their assets across the world in an attempt to convert a paper award handed down by the tribunal into hard cash.
By Markus Esly
Your business is the victim of a breach of contract that requires immediate action to deal with the consequences: a fuel leak necessitates a clean-up operation, or defective machinery needs repairs.
By Frank Eijsvogels
On 3 January 2008, the Court of Appeal of The Hague rendered a decision in the matter of “Mars Inc v Kraft Jacobs Suchard”.
By Paul Inman
Lord Hoffman, unusually sitting in the English Court of Appeal, today handed down judgment in the much anticipated appeal of H. Lundbeck A/S v Generics (UK) Ltd and Others.
By Marjan Noor
On 28 February, the High Court handed down an interim judgment in Eli Lilly v Neopharma and Anor (Howrey acting for Eli Lilly) in which it ordered the disclosure of information relating to sales of the (allegedly) infringing pharmaceutical Olanzapine Neopharma.
By James Barratt
In the aftermath of the collapse of the BCCI and Equitable Life litigation, the Commercial Court was subjected to unprecedented criticism.
By Markus Esly
Companies can, in principle, be held responsible in criminal law for causing the death of employees or of members of the public.
By Nicholas Bolter
Since October 2005, an application can be made to the United Kingdom Intellectual Property Office (UK-IPO) seeking a non-binding opinion on certain issues of validity and infringement.
By Richard Willoughby
When the new EU designs regime came into being in 2002 it was intended to do two things: i) create new EU-wide Community design rights, and ii) harmonise existing national registered design law. The material aspects of the regime— how to assess infringement and validity—are the same for both national registered rights and Community rights.
By Jean-François Guillot
France has a reputation for allowing copyright protection for works of applied art. But is this reputation actually deserved in practice?
By Alan McBride
The European Commission has started to consider whether Directive 2001/ 20/EC, better known as the Clinical Trials Directive (the Directive), needs to be revised.
By John Rosenthal, Stefan Hanloser
Data protection is antagonistically opposed to discovery: discovery promotes the disclosure of data whereas data protection is intended to prevent such disclosure.
By Denis Monégier Du Sorbier, Daphne Jossart
On 11 September 2007, the European Court of Justice (ECJ) delivered a preliminary ruling regarding the interpretation of Article 5(1) of the Trade Mark Directive in relation to the right of the owner of a registered trade mark to prevent a third party from using a company name which is identical to its sign.
Following the deposit of the instrument of ratification by France at the German Federal Ministry of Justice on 19 January 2008, the much anticipated London Agreement will now come into force on 1 May 2008.