Getting the Deal Through: Cartels – Chapter South East Europe 2021

In their latest interview with Lexology GTDT Market Intelligence, competition law experts Srđjana Petronijević and Zoran Šoljaga from Schoenherr Serbia gave in-depth insights into cartels in South East Europe.

Related briefings

NFTs and branding – does trademark protection need to be considered?

Whenever new technology is developed it should be protected as (utility) patent – or kept secret (trade secrets). The new products and/or services resulting from the new invention will usually be commercialised under a specific name – a brand that can be protected as a trademark. Additionally the question arises as to whether there is already a generic name for such product/service or whether the invention created a completely new thing that is not yet reflected in the Nice Classification, the international classification of goods and services used by most IP offices for the registration of trademarks. Therefore, we considered whether the (virtual) goods and services offered in connection with NFTs can already be found in the Nice Classification for trademark applications.

Austria: New guidelines for state aid for climate, environment and energy

As part of the Green Deal of the European Commission, the eagerly awaited draft of the guidelines for state aid for climate, environmental protection and energy 2022 was published for consultation on June 7, 2021 . The 2022 guidelines succeed the guidelines for state aid for environmental protection and energy 2012-2020. The deadline for submitting comments is August 2nd, 2021.

Blockchain and (un)real estate

Blockchain technology has – so far – not lead to a transfer of the world’s land registers onto this technology or to a “tokenization” of title (documents). The only significant exception in this respect is Georgia, where a purchaser’s title to real property can be registered by execution of a smart contract.

Latest Briefings

Contributed surplus: it’s not capital!

In our previous paper, we discussed the meaning of share premium, the various ways a company may use share premium and its importance when determining the assessable capital of a company. In this paper we discuss contributed surplus, another frequently misunderstood concept which is distinct from and is not to be confused with share premium.

The Lugano clock has stalled: what now for dispute resolution clauses?

Since 1 January 2021, Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Recast) and the 2007 Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention) no longer apply to the UK. There is no mechanism allowing the UK to accede to Brussels Recast in its own right. Under the Lugano Convention, however, the UK is entitled to apply for accession following certain conditions specified in Article 72. Although the UK applied for accession in April 2020, it has not yet been ‘invited’ to accede. The European Commission, however, recently notified the Swiss Federal Council (as Depositary of the Lugano Convention) that, representing the EU, it does not consent to the UK’s accession. Whether this is the final decision from the EU, or whether the European Council will vote on the issue, remains to be seen. In the absence of unanimous consent of all contracting parties coupled with the enforcement gap of several months even if accession to the Lugano Convention is permitted, Irish (or indeed EU or EFTA) contracting parties with UK entities should continue to give careful consideration to their dispute resolutions clauses.

Return to the office: Is your data protected?

With the end of COVID-19 restrictions in sight, many businesses and their employees will be returning to the office within the next few months. While some employers will expect their workforce to be back full-time, others will adopt a hybrid way of working with employees’ time split between the office and home. This presents an array of challenges and issues that employers need to prepare for to ensure safety in the workplace, as well as business continuity. This podcast series discusses the key issues and how employers should address them to make sure their return to the office runs smoothly. In this first episode, Gowling legal director Anna Fletcher is joined by partner Jocelyn Paulley from our Data Protection team. Jocelyn will be discussing the key considerations that employers need to focus on in terms of data protection compliance in this new workplace and how to make sure that confidential information remains secure.

COVID-19 update: Step three of Ontario’s ‘Roadmap to Reopen’ plan presents new challenges for employers

Effective 16 July 2021, Ontario entered ‘Step 3’ of its Roadmap to Reopen. Qualifying businesses (including office workplaces) are now permitted to allow workers to return to the physical workplace, subject to compliance with all applicable health and safety protocols and public health requirements, including local requirements introduced under Regional/Municipal By-laws, Orders issued by local Public Health Units, etc.

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Freshfields secures win in Babylon Health battle

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