Recent Articles

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  29/04/2024

  Europe

  Design decision on ‘Sole technical function’ packs a punch – The CJEU breaks down the technical design exclusion in Papierfabriek ruling

  SummaryIn a case which has been recognised as among the most impactful European design cases of the past year, the Court of Justice of the European Union (“CJEU”) has clarified the principles of ‘sole technical function’ invalidity for registered designs (Papierfabriek Doetinchem BV v Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co.)This case revolves around a Community design registered by Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co (“Sprick”), which Papierfabriek Doetinchem BV (“Papierfabriek”) was alleged to have infringed.Papierfabriek...

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  29/04/2024

  Luxembourg

  ELTIF 2.0: revised RTS amendments issued by ESMA

  The European Securities and Markets Authority (ESMA) has responded to the European Commission (the Commission) request for amendments to the draft Regulatory Technical Standards (RTS) for the new ELTIF 2.0 regime. Here are some of the key amendments:Redemption notice period: the minimum 12-month notice period for redemptions has been removed. Justification for the consistency of the notice period to the competent authority if the notice period is less than 6 months (instead of 3 months as suggested by the Commission). In addition, ESMA still links the length of the notice periods with...

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  29/04/2024

  Bulgaria

  Safeguarding Stability: EU's Intensified Scrutiny of Transfers with Russian Links

  In a geopolitical landscape fraught with tension and complexity, the European Union (EU) continues to refine its strategies for maintaining stability and security, particularly with respect to financial transactions with ties to Russia. Against the backdrop of Russia's invasion of Ukraine and its broader geopolitical ambitions, the EU has recognized the imperative of bolstering its financial oversight mechanisms to mitigate risks and safeguard its economic interests. One pivotal measure in this ongoing endeavour is the introduction of Article 5r in Council Regulation (EU) No. 833/2014, which...

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  26/04/2024

  United Kingdom

  World IP Day: Could IP help fuel the renewable energy transition in Scotland and beyond?

  The need to facilitate the transition to renewable energy and pressure to meet sustainable development goals continues to grow. As such, World IP Day seems an apt time to consider the vital role IP is playing in harnessing Scotland’s wealth of natural energy resources, by encouraging and protecting innovation.IntroductionIt is clear that the transition to renewable energy will rely heavily on new technology and innovation. This can be protected by a mixture of registered and unregistered IP such as patents, trade secrets, confidential information and copyright. Ensuring relevant IP protection...

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  26/04/2024

  EU

  Update on the AML-CTF Package: Formal Adoption by the European Parliament on 24 April 2024

  Following the political agreements which have been reached earlier this year, the European Parliament has now adopted the last remaining texts of the AML-CTF Package on 24 April 2024.By way of reminder, the AML-CTF Package is composed of four legislative proposals aiming at harmonising and strengthening AML-CTF rules in the European Union:Regulation 2023/1113 on information accompanying transfers of funds and certain crypto-assets, which has already been adopted last year and will enter into force on 30 December 2024;Proposal for a Directive on the mechanisms to be put in place by the Member States...

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  26/04/2024

  Belgium

  Belgian Competition Authority authorises sale of 54 Louis Delhaize supermarkets to Colruyt

  On 12 April 2024, the Belgian Competition Authority authorised the sale of 54 of 57 Louis Delhaize supermarkets under the brand Smatch, Match and Louis Delhaize to the Colruyt Group under merger control. The transaction was approved in the first phase after modification of the project by the parties.The prenotification of the project, which took place in October 2023, initially concerned the Colruyt Group’s acquisition of 57 Smatch, Match and Louis Delhaize supermarkets that belonged to the Louis Delhaize Group. The project was formally notified on 2 February 2024.The Investigation Service...

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