Güldeniz Doğan Alkan and Cansu Evren of Gün + Partners say that a recent ruling raises the question of how many trademarks should be imitated for an act of bad faith to be recognised
On 10th December, 2021, the High Court of Kenya in the Commercial and Tax Division gave a landmark decision on the question of withholding payment of tax on software licenses in the case pitting Seven.
CLCV and Others,
1 the Court of Justice of the European Union (Court) adopted a broad interpretation on the definition of defeat devices and limited the scope of exceptions for their use in vehicles sold, registered, or put into service in the European Union (EU).
The Court found that a device that improves the performance of an emission control system during vehicle type-approval tests, constitutes a “defeat device” even if such improvements can also exceptionally be observed under normal vehicle use conditions.
Fundamentally, the Court found that a defeat device’s contribution to “preventing ageing or clogging up of a vehicle engine” cannot justify its use under the so-called “engine protection exception.”