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Firm: Delphi

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“Hands on China”, have you prepared your trademark strategy?
Delphi, January 2005

A trademark is any sign which, in the course of trade, can distinguish the goods or services from those of other undertakings. Trademarks are often also used as indications of a certain quality or life style (such as Lancome® trademark represents the luxury cosmetics) or as a marketing tool (such as the IKEA® and VOLVO® marks, which are featured not only on furniture but also on their services)...

“Simplifications” in the Planning and Building Act (PBL) - A Political Rush Job?
Delphi, June 2014

On 2 July 2014, the new regulations regarding further building permit exemption measures will come into effect. Among the news is the opportunity to construct 25 m2 ancillary residential dwelling without requiring a building permit. However, the amendments are not entirely without controversy and have been met by strong criticism from several respondents...

3D Printers – A Host Of Possibilities But Not Entirely Without Problems
Delphi, June 2014

The technology to “print” three dimensional objects with a 3D printer is not new, but as prices for the technology fall it becomes more readily available for private individuals. The possibilities that open up when individuals get access to 3D printers trigger the imagination, but the accompanying issues are not without complications. The technology, and the new areas of use to which it is put, also raises many questions, particularly regarding intellectual property rights...

A Better Environment – Reduced Emissions – Industrial Emissions Survey SOU 2011:86
Delphi, September 2012

BackgroundIndustrial activities are of great importance to Europe’s financial wealth. Industrial emissions, however, cause environmental pollution and industrial emissions constitute a major part of Europe’s total emissions to air, water and soil. Consequently, there is a need for regulation of industrial operations at an EU level.In view hereof the so-called IPPC Directive (Integrated Pollution Prevention Control) was adopted in 1996...

A new Consumer Credit Act came into effect on 1 January 2011
Delphi, January 2011

A new Consumer Credit Act (Sw. Konsumentkreditlagen (2010:1846)) came into effect on 1 January 2011. The Act implements the Consumer Credit Directive (Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC). The Directive’s purpose is to enhance consumer protection by addressing some of the indebtedness problems caused by text message loans (Sw...

A New Labor Law Road Map
Delphi, March 2020

It is, to say the least, an overwhelming time. On 16 March 2020, the government presented a proposal for support measures to companies and employees to mitigate the effects of the corona virus. The proposal was followed on 19 March 2020, by the bill “Additional Amending Budget due to the Corona Virus”.   Read this article as a PDF here...

Amendments to Swedish Companies Act finally enacted – cheaper notices to attend general meetings now open to all public companies
Delphi, December 2010

On 1 December, the Swedish Parliament resolved on the delayed legislative amendments to the Swedish Companies Act which, among other things, concern the mode of convening general meetings, on which we reported in previous newsletters (October 2009 and June 2010). The new rules take effect on 1 January 2011...

Analogous Application of the Commercial Agency Act to Distributors of Computer Software
Delphi, March 2008

At the beginning of this year the Supreme Court delivered a decision of principle interest regarding a computer software distributor’s right to severance pay (case no. T 930-06). Through the decision, the court has clarified that the Commercial Agency Act (1991:352) ( “Agency Act”) can be applied analogously to marketing and collecting of orders for computer software, despite the fact that computer software does not constitute goods under the act...

Arbitration in Stockholm — Distinct Features and Recent Developments
Delphi, July 2007

The Arbitration Institute of the Stockholm Chamber of Commerce upholds a strong position as one of the most important centres of international arbitration. The steady growth in the number of cases involving foreign parties that are administered by the Arbitration Institute convincingly demonstrates its worldwide popularity and reputation...

Better Possibilities to Report Cartels and other Suggested Amendments of the Swedish Competition Act
Delphi, March 2014

On 3 March 2014, the Government presented the bill ”Enhanced competition supervision” (Sw: “Förbättrad konkurrenstillsyn”) (Governmental Bill, prop. 2013/14:135) which contains several suggested changes to the Swedish Competition Act which relate, inter alia, to leniency and the possibility to suspend time limits during merger control assessments...

Beware of Sensitive Competition Advice – Legal Privilege Does Not Apply to In-House Counsel
Delphi, December 2010

The purpose of legal privilege is that companies must be able to obtain legal advice without the risk of having to submit sensitive communication with a lawyer to an authority, such as the Swedish Competition Authority or a court of law during litigation...

Briefly About the Swedish Government’s Emergency Package
Delphi, March 2020

At today’s press conference, the Swedish Government announced a series of support measures for companies and employees to relieve the effects of the new corona virus.   Introduction of short-term work as per today The proposal means that the employer’s salary costs can be reduced by half as the Swedish Government will bear a significantly greater responsibility for costs, compared to when the law was introduced in 2013...

Changes in the Planning and Building Act
Delphi, March 2008

Firstly the act now expressly states that planning and building shall promote good economic growth and effective competition. This change is a clear signal from the legislator that municipalities must not only take into consideration the social and ecological effects in their planning but also the development of commerce and the provision of commercial service...

Changes in the Rights of Priority Act
Delphi, February 2009

Important changes in, inter alia, the Rights of Priority Act (Sw. förmånsrättslagen) entered into effect on 1 January 2009. For example, it becomes possible to use personal property of the business as collateral security for loans in businesses. Elisabeth Söderholm, associate at Delphi Lawfirm, Gothenburg, reports on the new rules...

Commercialization of Inventions from Scandinavian Universities – A Challenge & an Opportunity.
Delphi, December 2004

In Denmark, Norway and Sweden, the ownership and rights to intellectual property conceived and put into to practice by researchers employed by the universities have historically rested with the researchers themselves. This system is now rapidly changing to a model more similar to the way in which US universities handle their intellectual property; universities become responsible for stakeholders in such intellectual property...

Company Law and Capital Market Aspects of Covid-19
Delphi, March 2020

Due to the corona outbreak and the disease covid-19, various legal issues have arisen. The spread of the coronavirus has, inter alia, lead to several companies deciding to take measures before upcoming shareholders’ meetings, which for many public companies involve the gathering of a large number of shareholders...

Company’s Commission Policy Could Be Time Bomb
Delphi, February 2009

Many companies’s apply employment terms – either in a general commission plan or in the individual employment contract – which can entail major unforeseen costs in the form of retroactive claims from employees for holiday pay or pension payments. There are certain differences in judgement between companies which are bound by collective bargaining agreements and those companies which are not...

Competition Rules Apply also During a Crisis – Be Aware of Pricing and Discussions with Competitors
Delphi, March 2020

It is important for all companies to remember that a crisis, such as the current economic crisis that has arisen as a result of the Covid-19 pandemic, cannot be used as an excuse for companies to act as they please. EU and Swedish competition law, both the cartel prohibition and the prohibition on abuse of a dominant position, applies during a crisis as well...

Consultancy found guilty of participation in anti-competition practices
Delphi, February 2009

It has now been clarified that a consultancy, which is not itself active on a certain market, can be found guilty of participation in an anti-competitive cooperation. This was decided by the Court of First Instance in a judgment from 8 July, 2008, T-99/04, AC-Treuhand AG v the European Commission. The judgment is unique in that it is the first time this principle has been upheld in any of the community courts...

Controlling Purchase Prices: The Locked Box Mechanism
Delphi, November 2010

Introduction From the seller's perspective, knowing the outcome of the sale process in terms of the price that it will obtain for a company is always of great importance. Usually, a buyer will make an offer to buy a company on a 'cash and debt-free' basis, meaning that the purchase price offered (ie, the enterprise value) will be adjusted up or down depending on the company's financial position at a given time to reach the actual purchase price...

Corporate Finance/M&A - Sweden: Earn-out Models for Mergers and Acquisitions
Delphi, January 2010

Buyers and sellers often have different views on how much a target is worth and how its value should best be determined. Normally, the valuation of a company is based on both its past performance and its projected future performance. While the seller may be confident of the company's future growth, the buyer may be reluctant to assume the risk of the company failing to perform as expected by paying the seller the whole purchase price upfront...

Corporate Tax in Sweden
Delphi, January 2005

In this article, the authors discuss how the tax system in Sweden treats Corporations...

Counterfeiting is Increasing – How can you Defend Yourself?
Delphi, June 2015

Is your business affected by counterfeiting? If so, you are not alone. A newly released study shows that almost all intellectual property dependent companies listed on the NASDAQ OMX Stockholm 30 Index have been affected. Moreover, most expect that the problem will continue to grow. Better political support is required to stem this development, but companies already have several weapons available to use against the counterfeiters...

COVID-19 - A Few Important Considerations for Tenants
Delphi, March 2020

The spread of the Coronavirus now affects all parts of society. Businesses must review their operations to minimize the negative consequences that may follow. At the same time, it is important to be aware of the legal consequences that may arise from risk minimization. Below is a general summary of some issues that can arise for tenants in commercial premises...

COVID-19: To Be Considered When Processing Personal Data
Delphi, March 2020

Because of the coronavirus, several questions related to processing of personal data must be raised – in particular within the context of work life. In this article, we touch on some of the most important aspects employers should consider when processing employees’ personal data.   A few days ago, the Swedish Data Protection Authority also published its guidance on the coronavirus and personal data. The guidance is available here (only in Swedish)...

 

 

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