The Convention on International Interests in Mobile Equipment (“Cape Town Convention”) and Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (“Protocol”) were concluded in Cape Town on 16 November 2001, and entered into force on 1 March 2006. They are to be read and interpreted as one instrument ...
On 15 March 2007, the European Court of Justice confirmed that the European Commission had been correct to fine British Airways £6.8 million for abusing its dominant position by operating loyalty enhancing performance bonus schemes for travel agents since the schemes had the effect of excluding competitors without any objective economic justification ...
In its judgment of 4 May 2023 (Case C-487/21), the European Court of Justice (“ECJ”) specified the scope of the right to obtain a “copy” of personal data in the context of the right of access. The ECJ ruled that the copy must be used to provide the data subject with a faithful and intelligible reproduction of all personal data that are the subject of the processing ...
In accordance with its announcement in its Notice of Intent published on October 21, 2006(1), the federal government, on April 26, published the regulatory framework it favours for greenhouse gases emissions and other air pollutants.The “Regulatory Framework for Air Emissions”, despite its title, is not a restrictive regulation ...
We would like to inform you that on July 10, 2023 the Federal Law No. 301-FZ “On Amendments to the Federal Law “On Protection of Competition” has been adopted (hereinafter – the “Law”, the “Fifth antimonopoly package”). The Law shall take effect as of September 01, 2023 ...
In Apple Inc. v. Fintiv, Inc., (IPR2020-00019, Fintiv), the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) elegantly laid out six different factors that the Board currently considers in discretionarily denying institution of an Inter Partes Review (IPR) that has a parallel district court proceeding ...
1. Background to the case The case concerned a young, female employee in a mechanical workshop, who felt she had been sexually harassed by two of the enterprise’s customers. Customer No 1 had on one occasion, while the female employee was sitting on the floor in a forward-leaning position, performing work, put his hands on her lower back, under her top ...
In what appears to be the first substantive dispositive ruling on a COVID-19 related business interruption insurance claim, a Michigan court has dismissed an insured’s business interruption claim, finding that the insured did not suffer a direct physical loss and no insurance coverage exists for the insured’s claim ...
In the turmoil of adjusting and living day-to-day in this time of the COVID-19 virus, the public has become more attuned to the reality of the term “Supply Chain.” We are gaining a better appreciation that before products reach the consumer, an extensive network of shippers and transportation entities of all types and modes of commerce, as well as freight brokers and any other functions essential to the delivery cycle, are at play 24/7 ...
Governments around the world are thinking about encouraging data sharing on a larger scale by using regulation. In the EU we have the EU Data Act, which will take effect in 2025 so is fast coming around the corner. It’s a juggernaut, and once it hits things may never be quite the same again. So what effect will it have? A recent CJEU ruling illustrates some of the problems it is likely to cause ...
In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it's very solvency in the unpredictable hands of a judge and jury? Many "form" commercial contracts contain clauses mandating that any disputes that arise be resolved by binding arbitration rather than a jury or bench trial ...
This article was originally written for the April 2005 issue of The Negotiator, the magazine of the Canadian Association of the Petroleum Landman. Protected by Copyright 2005 ...
The International Court of Arbitration of the International Chamber of Commerce (‘ICC’) has issued a revised version of its Arbitration Rules. The 2021 Rules enter into force on 1 January 2021 and aim to make arbitration even more efficient, flexible and transparent ...
Effective January 1, 2014, the International Chamber of Commerce (“ICC”) replaced its Amicable Dispute Resolution rules with new Mediation Rules. The new ICC Mediation Rules (the “Rules”) set clear parameters for mediating disputes, while also providing for additional flexible procedures that allow the parties to resolve their disputes privately and confidentially ...
The coronavirus (COVID-2019)[1], which today affects more than 150 countries and territories around the world, has already had, and continues to have, a significant impact on the global economy ...
On August 11, 2021, the California Court of Appeals for the Second District extended the Pebley v. Santa Clara Organics (“Pebley”) Court’s analysis as applied to the admissibility of unpaid medical liens. Based on the Court’s reading of Howell v. Hamilton Meats[1] (“Howell”) and its progeny, the Court in Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al ...
The rule that a party receiving documents in litigation holds them subject to an implied undertaking to use them only in the proceedings in which they were produced has been a fixture of practice in British Columbia since 1995. However, while the rule is easy to state, it often proves more difficult to apply in practice and carries with it the potential for very serious sanctions for breach ...
The case of Re Arboretum Devon (RLH) Ltd (28 April 2021) concerned a challenge to the validity of the ranking of the parties to an intercreditor agreement, the outcome of which signified the importance of intercreditor agreements and their drafting. An intercreditor agreement (“ICA”) can be a very powerful tool and it can limit or prohibit unwary creditors from being able to take action and recover debt ...
This case highlights the importance of registering a franchise with the Registrar of Franchises and the consequences of not doing so. In particular, the effect and applicability of section 6(1) of the Franchise Act 1998 (“FA 1998”) are discussed. Facts The subject matter was “Dr. Fong’s Method” of teaching mathematics to students in primary and secondary school, which was developed by Dr. Fong Ho Kheong (“Dr. Fong”). Dr ...
On May 19, 2016, the concept of a “Bankruptcy,” as the legal term was defined, ceased to exist under Panamanian law. Law 12 of 2016 (the “Insolvency Law”) entered into force on that date and introduced new proceedings into our legal system. These proceedings are referred to as Reorganization and Liquidation ...
The Intellectual Property and Related Rights (Amendment) Law of 2022, published in the Official Gazette of the Republic of Cyprus on 7 October 2022, aims to harmonise the Cyprus copyright regime with various acts at the European Union (‘EU’) level and the WIPO Performances and Phonograms Treaty. This Law amends and redefines already existing concepts and establishes new definitions and obligations ...
View the PDF version of the April 2018 IP Beacon. Are Works Generated by AI Subject to IP Protection? When Philip Dick wrote the 1968 novel "Do Androids Dream of Electric Sheep?," the inspiration for the 1982 film "Blade Runner," artificial intelligence was more fiction than science. Fifty years later, theHarvard Business Reviewpredicts that AI will be the single biggest technological development of our era, as transformative as the steam engine or electricity ...
View the PDF version of the August 2018 IP Beacon. Squarely Decided: The Fifth Circuit Sides with Spongebob On May 22, 2018, inViacom Int’l, Inc. v. IJR Captial Invs., LLC, 242 F. Supp.3d 563 (2017), the Fifth Circuit Court of Appeals upheld summary judgment in favor of Viacom International Inc. (Viacom) on its trademark infringement and unfair competition claims against IJR Capital Investments, LLC (IJR) ...
View the PDF version of the October 2018 IP Beacon. Jason Bloom Co-Authors SCOTUS Amicus Brief for INTA in Key Copyright Case The International Trademark Association (INTA) tapped Haynes and Boone Partner Jason Bloom to co-write an amicus brief inFourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, a pending U.S. Supreme Court case that will address a key issue regarding when copyright owners can sue for infringement ...
The superintending and reforming power of the Superior Court of Québec over the decisions of the Court of Québec is indisputable. It is furthermore confirmed by article 34 of the Code of Civil Procedure1, which grants to the Superior Court powers to judicially review decisions made by the Québec courts, with the exception of the Court of Appeal ...
