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Simonsen Vogt Wiig AS | March 2023

We are delighted that Lill Egeland, Halvor Klingenberg and Christian Reusch have strengthen their individual rankings with respectively Band 1 within Employment and Band 3 within Banking & Finance and Dispute Resolution ...

Shoosmiths LLP | March 2023

The Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA) are increasing their scrutiny and enforcement of ‘green claims’ to protect consumers from 'greenwashing'. What are green claims? Green claims (also known as ‘environmental claims’ or ‘eco-friendly claims’) are claims that a product, service, or business provides a benefit or is less harmful to the environment ...

Shoosmiths LLP | March 2023

Following a wave of recent prosecutions in relation to cash fraudulently obtained through the various Covid-19 support schemes, we consider the criminal and civil ramifications on a legitimate business which has received cash from someone who has been prosecuted and offer some helpful tips to reduce the risk of your business inadvertently laundering the proceeds of crime ...

DFDL | March 2023

The Royal Government of Cambodia has issued the Sub-Decree on Requirements and Procedures for Business Combinations dated 6 March 2023 (“Merger Sub-Decree”). The Merger Sub-Decree elaborates on the prohibition on anti-competitive business combinations set out in Article 11 of the Law on Competition. The Merger Sub-Decree was officially implemented on its signature date (of 6 March 2023) and will be enforced within 6 months of that date ...

ENSafrica | March 2023

Grey-listing by the Financial Action Task Force (“FATF”) has major implications for countries and companies alike. These implications include reputational damage, economic consequences, and increased compliance costs, which can lead to restricted foreign investment and reduced capital inflows ...

ENSafrica | March 2023

Reliance on performance guarantees in infrastructure projects has gained traction in Uganda in recent years. A performance guarantee is a legal promise made by one party to another, and typically backed by a third-party financial institution, to ensure fulfilment of contractual obligations ...

Mamo TCV Advocates | March 2023

  Malta, as a European Union (‘EU’) Member State, is bound to apply the 2019 Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, also known as the Hague Judgments Convention, from the 1st of September 2023 ...

Regents of the University of Minnesota v. Gilead Sciences, Inc., Appeal No. 21-2168 (Fed. Cir. Mar. 6, 2023) The Federal Circuit’s only precedential patent opinion this week focuses on the written description requirement in the context of an anticipation analysis in the chemical arts.  Specifically, it concerns whether disclosures in asserted prior art were sufficient to disclose a claimed molecular structure ...

Shoosmiths LLP | March 2023

Sustained biodiversity loss since the industrial revolution has resulted in Britain being one of the most nature-depleted countries in the world. One response to this enduring problem are proposals to use the planning system to mandate biodiversity net gain (BNG) through the development management process.  The aim of the requirements is to secure a minimum 10 per cent biodiversity net gain from new developments, with effect from November 2023 ...

On March 1, 2023, the Department of Education (“DOE”) released guidance related to the instances in which it will require assumption of personal liability for an institution’s continued participation in Title IV programs. Last year, the DOE announced updated signature requirements for institutions’ Program Participation Agreements (“PPA”). Institutions entering into PPAs already agree to comply with regulatory requirements related to financial responsibility ...

In the waning days of 2022, FDA issued an updated Food Code with several important updates. FDA is responsible for more than a quarter of the U.S. economy, and the Food Code impacts virtually every American ...

Dinsmore & Shohl LLP | March 2023

Trademark owners have already faced a number of changes since the Trademark Modernization Act (“TMA”) first began to take effect in 2021.  However, it’s a small change to the provisions regarding attorney representation at the US Trademark Office that may have the most costly impact to trademark owners and lead to an unintended loss of rights. The provision is 37 CFR § 2 ...

On January 19, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here and here. The original deadline for comments on the proposed rule was March 20. On March 6, the FTC announced it is extending the deadline to submit comments to April 19. As of March 9, a total of 16,965 comments (8,848 electronically) have been received on the proposed rule ...

On January 19, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here and here. The original deadline for comments on the proposed rule was March 20. On March 6, the FTC announced it is extending the deadline to submit comments to April 19. As of March 9, a total of 16,965 comments (8,848 electronically) have been received on the proposed rule ...

Shoosmiths LLP | March 2023

Back in May 2021, the UK Government and India formed a new partnership to facilitate Indian and British young professionals being able to work in each other’s home countries. The Home Office has now published guidance in respect of this on its website calling the scheme the “India Young Professionals Scheme visa”. The scheme is reciprocal so young UK nationals meeting the criteria can apply to live, study and work in India for up to two years ...

Shoosmiths LLP | March 2023

Shoosmiths’ CR&A team were instructed by Teneo, the special administrators of Sova Capital Limited, on their directions application relating to a proposed sale of “trapped” securities which had traded on the Russian Stock Exchange ...

Carey | March 2023

On Tuesday, February 21, 2023, Decree Nº318/2022 of the Ministry of Foreign Affairs was published in the Official Gazette, enacting the "Comprehensive and Progressive Agreement for Trans-Pacific Partnership" (CPTPP), which has entered into force as of that date. The treaty seeks to promote the economic integration of the parties, generating a common framework for trade policy, government procurement, intellectual property, electronic commerce, investment, among others ...

Carey | March 2023

On Tuesday, February 21, 2023, Decree Nº318/2022 of the Ministry of Foreign Affairs was published in the Official Gazette, enacting the "Comprehensive and Progressive Agreement for Trans-Pacific Partnership" (CPTPP), which has entered into force as of that date. The treaty seeks to promote the economic integration of the parties, generating a common framework for trade policy, government procurement, intellectual property, electronic commerce, investment, among others ...

Carey | March 2023

18.71 Duty to establish procedures for the enforcement of IP rights The treaty establishes a duty to improve, streamline and simplify procedures aimed at preventing and prosecuting intellectual property infringements. 18.72 Presumptions regarding IP rights A duty is incorporated in order to extend to related rights the presumption of ownership already contemplated in our legislation for intellectual works ...

Carey | March 2023

Chapter 8: Technical Barriers to Trade This chapter provides rules to facilitate trade by eliminating unnecessary technical barriers, improving transparency, and promoting greater regulatory cooperation. It applies to the elaboration, approval and application of technical regulations, standards, conformity assessment procedures and trade authorization for pharmaceuticals, cosmetics and medical devices ...

Carey | March 2023

Chapter 18 of the CPTPP devotes an entire section to copyright and related rights. In this regard, the Treaty regulates the following matters: Recognition of rights of reproduction, communication to the public, distribution and related rights ...

Carey | March 2023

Among the main aspects regulated by the CPTPP in terms of trademarks, domain names and patents, the following should be considered: Recognition of non-traditional trademarks and collective and certification trademarks The Treaty states that the fact that a sign is visually perceptible shall not be a condition for the registration of a trademark, and the possibility of registering sound and olfactory marks is contemplated ...

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