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- Could This Decision Be A Game Changer For Brand Owners?
In a recent decision, the Board of Appeal of the European Union Intellectual Property Office held Hasbro’s MONOPOLY registration partially invalid. This decision, if it is not appealed, will have a significant impact on businesses’ brand protection strategies. The five-year grace period - EU Trade Mark owners are afforded a five-year grace period from registration, during which they can enforce their mark without being required to prove use for the registered goods and services. Once this period has expired, owners may be obliged to provide evidence that they have used the mark in commerce in order to rely on those rights against third parties. Therefore, historically trade mark proprietors have, as a common practice, sought to in effect re-set the non-use grace period by re-filing their marks prior to the expiry of the five-year term. Please see full article below for more information.
- European Supervisory Authorities Publish Opinion on AML/CTF Risks in EU Financial Sector
The European Supervisory Authorities have published a joint opinion on the current anti-money laundering and counter-terrorist financing risks posed to the EU financial sector. The opinion is published in accordance with the requirements of the Fourth Anti-Money Laundering Directive, which requires the ESAs to publish a joint opinion on the AML/CTF risks affecting the EU’s financial sector every two years. The most recent previous opinion was published in February 2017.
- European Securities and Markets Authority Publishes Opinion on MiFID II Frequent Batch Auctions and Double Volume Cap
The European Securities and Markets Authority has published an opinion on frequent batch auctions and the double volume cap mechanism. The opinion follows ESMA’s report, published in June this year, reviewing firms’ use of frequent batch auctions and their potential as a means of circumventing the double volume cap and transparency requirements under the Markets in Financial Instruments Regulation and Markets in Financial Instruments Directive II.
- Review of the EU Benchmarks Regulation
European Commission review will inform potential future legislative change. Key Points: ..The European Commission is seeking views on various aspects of the regime, and asking for feedback on areas in which improvements could be made by 6 December 2019. ..Although suggested changes are outlined in some areas, in many areas the Commission asks for stakeholders’ views and feedback, providing an important opportunity for comment. Please see full Alert below for more information.
- European Securities and Markets Authority Consults on Alignment of EU Trading and Clearing Obligations
The European Securities and Markets Authority has published a consultation paper on aligning the trading obligation under the Markets in Financial Instruments Regulation with the recent changes made to the clearing obligation under the European Markets Infrastructure Regulation by the EMIR Refit Regulation. Responses to the consultation should be submitted by November 22, 2019. ESMA intends to submit its final report to the European Commission in early 2020, with the Commission’s report to the European Parliament and Council expected by December 18, 2020.
- What the European Medicines Agency’s qualification opinion means for electronic clinical data capture
The European Medicines Agency (EMA) issued a qualification opinion following a request concerning proprietary eSource DDC (Direct Data Capture) technology. This technology allows the capture of clinical study source data electronically by investigator site staff at the point of care. In its opinion, EMA’s Committee for Medicinal Products for Human Use (CHMP) does not identify or support any specific, proprietary system.
- EU Proposals on Amending the Market Abuse Regulation
The European Securities and Markets Authority has launched a consultation on proposed changes to the EU Market Abuse Regulation. MAR requires the European Commission to report on certain aspects of the operation of MAR, including where appropriate, making recommendations for legislative change. The proposals will mostly affect issuers of financial instruments admitted to trading or trading on a trading venue, investment firms and asset management firms. ESMA is holding a public hearing on the proposals on November 5, 2019, and the consultation closes on November 29, 2019. ESMA expects to submit its report to the Commission in Spring 2020.
- EU Consultation on Clearing Service Provision under EMIR Refit
The European Securities and Markets Authority has opened a consultation on its draft technical advice on commercial terms for providing clearing services under the European Market Infrastructure Regulation. Responses to the consultation should be submitted by December 2, 2019.
- Counterculturalist Banksy To Defend His Intellectual Property In A European Cancellation Proceeding
If you’re familiar with Banksy, you know he’s the epitome of counterculturalism. For those of you who aren’t familiar with Banksy, he is an anonymous England-based street artist, vandal, political activist, and film director who has been active since the 1990s.
- Taxing the digital economy - The ABCs of the secretariat proposal for a “unified approach under pillar one”
On 9 October 2019, the Organisation for Economic Co-Operation and Development (OECD) published its latest public consultation paper in relation to its proposals to address the challenges of taxing the digital economy, entitled “Secretariat Proposal for a “Unified Approach” under Pillar One” (the “Consultation”). This Consultation puts forth a suggested approach to addressing Pillar One of its previous proposals that focuses on issues of taxable nexus and profit allocation, which would apply to “large consumer-facing businesses,” not just businesses with highly digital models.
- Brussels Brief - March 9, 2011 - European developments impacting dominant, vertically integrated operators – the TeliaSonera judgment
Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the Stockholm District Court (SDC) – clarified, and indeed expanded upon, the scope of the law in relation to pricing practices of vertically integrated companies. The...
- European IP Bulletin - Issue 80, May 2011
PATENTS: Pilot Drilling Control Ltd v Smith International Inc: UKIPO Refuses Request for Confidentiality In Pilot Drilling Control Ltd v Smith International Inc BL O/046/11, the UK Intellectual Property Office (UKIPO) has refused a request for confidentiality in respect of...
- AIFMD Published in EU Official Journal
On July 1, the final text of the EU Alternative Investment Fund Managers Directive (AIFMD), passed by the European Parliament in November 2010 and formally adopted by the EU Council in May, was finally published in the EU Official Journal. The AIFMD comes "into force" on July 21, 20 days...
- European IP Bulletin - Issue 82, July 2011
In This Issue: PATENTS The “Patent Box”: Preferential Tax on Profits From Patents On 10 June 2011, the UK Government launched a Consultation on the “Patent Box”, a preferential corporation tax regime of 10 per cent on profits arising...
- Trademark Rights Give Way to Free Competition
Principled decision concerning the scope of 3D trademark protection ensures cheap gas for the consumers On 14 July 2011, the Court of Justice of the European Union passed a judgment establishing that given certain assumptions, considerations for the consumer and for free...
- European Commission Proposes Financial Transactions Tax
The European Commission have just released details of their proposal to introduce a Financial Transactions Tax (“FTT”). This follows on from high profile statements of support for the introduction of an EU FTT from the French and German governments. The EU’s proposal envisages that the tax would...
- Commission Publishes New Best Practices For Antitrust Procedures And Expands Role Of Hearing Officer; And Strasbourg Court Stresses The Importance Of Full Merits Judicial Review Of ...
On 17 October 2011, the European Commission adopted a package of three measures concerning the procedural rights of parties in antitrust proceedings. The package is composed of the following: - Notice on Best Practices for the conduct of antitrust...
- EU adds 180 designated parties to Iran sanctions list as the first part of strengthening of its Iran sanctions regime
On 1 December 2011, the Council of the European Union (EU) – in Council Decision 2011/783/CFSP1 – added entries to its list of designated parties under the Iran sanctions regime. This Decision was published in the EU’s Official Journal of 2 December 2011, with accompanying Council Implementing...
- The Disclosure of Leniency Documents: Confidential Documents Still Protected
On 15 December 2011, the EU General Court ruled that the European Commission should have disclosed the index from a cartel investigation to Cartel Damages Claims (CDC), a company bringing a collective damages action against the cartel defendants. The decision, which is likely...
- EU tightens Iran Sanctions with embargo on Iranian oil and petrochemicals plus new sanctions on precious metals, diamonds and key equipment & technology for the petrochemical sector
I. Introduction On 23 January 2012, the Council of the European Union (EU) adopted further measures to tighten existing EU sanctions against Iran by introducing an embargo on the imports/purchase/transport of Iranian crude oil, petroleum and petrochemical products (and related...