Page 26 - Law Developments News Today

Facts The employer, PG Plumbing (2014) Limited, closed for a period during the COVID-19 lockdown and temporarily laid off staff. The claimant, William Hague-Holmes, was not paid his wages during that period. The employer said that it would have paid the claimant if the business had received a government wage subsidy. However, the employer had misunderstood the governments COVID-19 payroll co-funding scheme, believing that wages would be funded only for employees earning more than £2,000 per mo...

Facts Sanofi is the owner of European Patent 2.346.552 (EP552), which does not claim a pharmaceutical invention, but an injectable drug delivery device for the administration of drugs, such as a syringe or a pen, with certain technical features. Mylan holds a marketing authorisation for a biosimilar insulin glargine medicinal product (Semglee) in the form of a pre-filled pen with an injectable solution. In July 2019 Sanofi filed an infringement action against Mylan, together with an ex parte p...

An armed robbery at a warehouse provided the basis for an unfortunate – but legally interesting – recent case in the Amsterdam Court of Appeal. The case raised the question of whether the carrier could be held liable for the loss of the goods and, if so, whether it could invoke the limitations of liability applicable to carriers. In this regard, the court also examined whether storage formed an independent part of the contract or whether it was absorbed into carriage.

The Special Judicial Police are: directly investigating mass distributors and frequent sellers of counterfeit products; reinforcing investigative manpower; and Improved damage relief for consumers In cooperation with trademark holders, the results of a counterfeit product evaluation are shared with consumers to enable unsuspecting purchasers of counterfeit products to receive refunds and request compensation. A damages compensation system has been established, under which online open market pla...

On 1 January 2021 Ordinance 404 came into force, establishing Phase II of the Patent Prosecution Highway (PPH) Programme in Brazil. Phase II was published by the Brazilian Patent and Trademark Office (BRPTO) in the last week of 2020 and modifies the limits and requirements for requesting participation in the PPH Programme, which are detailed below. With this new phase of the PPH Programme, the previous Resolution 252 (establishing Phase I) has been revoked. PPH Programme The PPH Programme allow...

The Financial Institutions Act came into force on 1 January 2020. It is crucial that the top management bodies of independent and external investment managers which manage the portfolios of individuals recognise whether a licensing obligation exists and whether appropriate measures must be initiated, as they are responsible for compliance with and the implementation of licensing obligations.

Government bodies have introduced progressive measures and restrictions to minimise the COVID-19 pandemics negative impact on employment and sustain employment relationships. One of the most significant arrangements in this respect is the termination prohibition. However, mutual termination agreements have become a point of contention in light of this prohibition as they are unregulated under Turkish law. Termination prohibition On 17 April 2020 the Law on Minimising the Impacts of the New Coro...

Cloud computing has increasingly become a dominant model for computer and IT service, with the majority of businesses worldwide using computing resources and storing data in the Cloud. However, despite the ease of use and convenience of cloud computing, moving data and services into the Cloud raises several legal issues for both cloud computing providers and users. This article highlights some of the issues and questions relating to IP rights raised by cloud computing. What is cloud computing? ...

In October 2020 the Second Panel of the Superior Court of Justice issued a unanimous decision, on repetitive appeal, establishing that a claim to collect amounts relating to expenses for demurrage previously established in a maritime transport contract (unimodal) is limited to five years by the statute of limitations. This decision ratifies the court's prevailing position on the matter.

The Federal Courts decision in the case of Mansion Properties Sdn Bhd v Sham Chin Yen,(1) regarding applications made by a company or its creditors under Section 368 of the Companies Act 2016 to restrain proceedings against the company under a proposed scheme of arrangement appears to be a welcome decision. It has provided clarity on the previously rather ambiguous procedure to be adopted when making such applications. Facts The appellant, Mansion Properties Sdn Bhd, the developer of a housing...