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China Effectively Strengthens Fight Against Malicious Trade Marks
Han Kun Law Offices, July 2020

A focus for Chinese trademark law and practice in recent years has been strengthening the fight against malicious trademarks...

Towards New EU Rules for Preventing Packaging Waste
ALTIUS/Tiberghien, July 2020

The European Commission (“EC”) is collecting data and feedback from stakeholders about the European Union’s (“EU”) current rules on packaging and packaging waste. Based on these insights, it will propose an amendment to the current rules that aim to ensure a properly functioning market for packaging recycling and diminishing packaging waste...

Competition Law Enforced Against Retailer for RPM, Whilst Supplier Immune
Shoosmiths LLP, July 2020

UK and EU competition law provides that retailers must be free to determine their own resale prices.  Actions by suppliers to restrict this freedom by dictating a fixed or minimum resale price are prohibited. The UK regulator, the Competition and Markets Authority (CMA) has vigorously enforced the law in this area, regularly pursuing investigations into and ultimately imposing fines on suppliers who engage in resale price maintenance...

New Unfair Trading Practices in the Food Supply Chain
ALTIUS/Tiberghien, July 2020

Within the agricultural and food supply chain, significant imbalances in bargaining power between suppliers and buyers of agri-food products are frequent. Those imbalances in bargaining power are likely to lead to unfair trading practices. The Directive 2019/633 (the “Directive”) aims to ensure that agri-food companies are protected against these unfair practices.   Scope of the Directive The Directive’s scope is very limited...

OMG! Has China’s Supreme Court Reversed its Position on OEM Trademark Infringement? The Implications of the HONDAKIT Case
Deacons, June 2020

Foreign brand owners have often questioned whether they need a trademark registration in the PRC when engaging PRC factories for Original Equipment Manufacturing (OEM) activities. Previously, a pure OEM arrangement with proper authorisation from the owner of a trademark registration in the exporting country, would generally not be considered infringement of identical or similar PRC trademarks...

Re-Opening Dealer Networks – Five Competition Law ‘Watch Outs’
Shoosmiths LLP, June 2020

As dealer networks in the automotive sector re-open for business following the COVID-19 lockdown, we share below our main competition law watch outs for suppliers over the coming weeks and months. We know that current market conditions are tempting some people to reach out to their competitors – any competitor contact needs to be managed carefully from a competition law perspective...

Protecting a Commercial Trademark - The First Steps to Investing in China Safely
PLMJ, June 2020

If you are thinking about expanding your business to the Chinese market, or you have already started selling in this market, or exhibiting your products at trade fairs or to Chinese partners, it is crucial toprotect your trademark from what are known as “intellectual property hijackers”.Situations of people registering foreign trademarks illegally in China for improper use in their own businesses or for “resale” to other companies are widely known...

U.S. Government Issues Updated Sanctions Warning to Maritime Shipping Community; Recommends Best Practices to Mitigate Risk
Lowenstein Sandler LLP, May 2020

On May 14, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Department of State, and the U.S. Coast Guard issued a Sanctions Advisory for the Maritime Industry, Energy and Metals Sectors, and Related Communities, reflecting increased scrutiny and enforcement attention by U.S. government agencies on curbing illicit shipping practices...

Sanipes Issues Preventive Measures in Fishing and Aquaculture Inrastructures to Face COVID-19
Rodrigo, Elias & Medrano Abogados, May 2020

The Ministry of Production (Produce), through the National Fisheries Health Agency (Sanipes), issued a guide with preventive measures to be implemented by operators of fishing and aquaculture infrastructures during the exercise of their activities against the expansion of COVID -19...

Automotive Manufacturing Workers Allowed to Resume Work Next Week in Michigan
Dykema, May 2020

Michigan Governor Whitmer signed Executive Order 2020-77 today, permitting manufacturing workers to resume work as part of the MI Safe Start Plan. Manufacturing workers, including workers in the automotive industry, are allowed to resume work on May 11, 2020, one week ahead of the planned restart date of certain Michigan automakers. See Executive Order No. 2020-77, Section 10(k)...

Section 301 Tariff Update: USTR Now Accepting List 3 Exclusion Extension Comments
Lowenstein Sandler LLP, May 2020

The Office of the United States Trade Representative (USTR) is now accepting comments regarding the possible extension of List 3 product exclusions that are set to expire on August 7. Companies are invited to submit comments on whether particular List 3 product exclusions granted between August 2019 and March should be extended. (USTR is not currently considering the extension of List 3 product exclusions granted after March...

CDC, OSHA Release Workplace Safety Guidance for Meat Processing Employers
Hunton Andrews Kurth LLP, May 2020

The Centers for Disease Control and Occupational Safety and Health Administration collaborated to release new guidance for employers in the meat processing industry on April 26...

Coronavirus: Measures for Manufacturers and Wholesale Distributors of Medicines
PLMJ, April 2020

INFARMED and the DGS have published a set of guidelines for manufacturers and wholesale distributors of medicinal products for human use. The aim of these guidelines is to ensure supply to the domestic market and, at the same time, to prevent the spread of Covid-19 and protect the employees of these operators...

COVID-19: Prime Minister Decree dated 26 April 2020 - The Start of Phase 2
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

As the contagion rate and death toll caused by the Covid-19 emergency (“Covid-19”) continues to decrease, on 26 April 2020 the Prime Minister announced in a press conference the measures adopted to ease the lockdown during the so-called “phase 2”. The new measures are reflected in the Prime Minister Decree dated 26 April 20201 (the “26 April 2020 Decree”)...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic - Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic - Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic – Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

Brexit: Trade Mark Update
ENSafrica, April 2020

If you have been keeping a close eye on the ongoing discussions relating to Brexit, you will recall our earlier ENSight where we reported that the United Kingdom Intellectual Property Office (“UKIPO”) provided some clarity on how European Union (“EU”) trade mark registrations will be treated on Brexit...

The "Preventing Essential Medical Device Shortages Act of 2020": COVID-19 Side Effect that Could Permanently Harm Medical Device Manufacturers
Spilman Thomas & Battle, PLLC, April 2020

The ongoing COVID-19 pandemic crisis—infecting more than 2.7 million people worldwide, with almost 870,000 cases in the United States alone as of the writing of this article—has thrown nearly every industry into chaos as the world struggles to adjust to the new reality of social distancing and self-quarantining...

New Guidelines for the Operation of the Manufacturing Sector
Brigard Urrutia, April 2020

The Government issued new regulations setting the guidelines and adopting the biosecurity protocol for the operation of the manufacturing industry The Ministry of Work issued Resolution 675 adopting the biosecurity protocol for the management and control of COVID-19 risk in the manufacturing industry. This protocol is complementary to the protocol adopted through Resolution 666 of 2020 and to other measures adopted in each factory...

The "Preventing Essential Medical Device Shortages Act of 2020": COVID-19 Side Effect that Could Permanently Harm Medical Device Manufacturers
Spilman Thomas & Battle, PLLC, April 2020

The ongoing COVID-19 pandemic crisis—infecting more than 2.7 million people worldwide, with almost 870,000 cases in the United States alone as of the writing of this article—has thrown nearly every industry into chaos as the world struggles to adjust to the new reality of social distancing and self-quarantining...

The "Preventing Essential Medical Device Shortages Act of 2020": COVID-19 Side Effect that Could Permanently Harm Medical Device Manufacturers
Spilman Thomas & Battle, PLLC, April 2020

The ongoing COVID-19 pandemic crisis—infecting more than 2.7 million people worldwide, with almost 870,000 cases in the United States alone as of the writing of this article—has thrown nearly every industry into chaos as the world struggles to adjust to the new reality of social distancing and self-quarantining...

FDA, TTB Help Distillers Aid Communities through Hand Sanitizer Production during Pandemic
Dinsmore & Shohl LLP, April 2020

The U.S. Food and Drug Administration (FDA) recently issued a burst of COVID-19-related guidance documents to facilitate expanded availability of medical products during the current public health emergency created by COVID-19. FDA-regulated products under these temporary policies include: PPE, diagnostic tests, hand sanitizers, disinfectant devices, remote monitoring devices, ventilators, and electronic thermometers for clinical use...

A Pandemic Upsets Supply Chains as Proposition 65 Enforcement Soars and New Regulations Take Effect
Hanson Bridgett LLP, April 2020

Key Points: Since Governor Newsom announced a state of emergency due to the COVID-19 outbreak, private Proposition 65 enforcement has increased by about 50%. Effective April 1st, new regulations clarify how manufacturers can satisfy their Proposition 65 warning obligations. These new regulations also clarify when retail sellers assume the burden under Proposition 65 to warn Californians...

English Law COVID-19 Q&A Series- Drilling Contracts
Haynes and Boone, LLP, April 2020

Does the COVID-19 pandemic (or actions taken to counter the spread of COVID-19) constitute Force Majeure and is there any implied remedy (e.g. implied force majeure relief) arising as a result of the COVID-19 pandemic? Under English law, unlike civil law systems, force majeure is neither defined nor automatically applicable to commercial contracts...

 

 

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