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

Case of the spectator and the golf ball matters for all kinds of events organisers

Earlier this month the High Court dismissed a claim from a spectator who was struck by a golf ball while attending the West of Ireland Championship at Rosses Point Golf Club in 2016. It was an important decision for sports clubs, tournament organisers and event spectators. The High Court held that the duty of care owed to spectators is not to act in “wanton disregard” for their safety. The decision matters because that is a lesser duty than the duty to act with reasonable care.

Government consults on new competition regime for digital markets

On 20 July 2021, the UK Government published proposals for a new competition regime for digital markets “to make it fairer for smaller businesses, entrepreneurs, and the British public”. These proposals include significant new powers for the Digital Markets Unit which was recently established within the CMA and an enforceable code of conduct for firms with so-called Strategic Market Status (SMS). The Government is also considering new merger control rules for firms with SMS. The proposals are now open for public consultation until 1 October 2021.

Capital gains tax: will deferred proceeds change after the OTS’s recent report?

In July last year, the Chancellor asked the Office of Tax Simplification (OT) to review capital gains tax (CGT). The aim was to “identify opportunities relating to administrative and technical issues as well as areas where the present rules can distort behaviour or do not meet their policy intent”. Following its review, the OTS published its first report in November 2020. Named “Simplifying by design”, it considered the policy design and principles underpinning CGT. In May this year, the OTS published its second report, “Simplifying practical, technical and administrative issues”. We’re focusing on this report throughout this article, in particular, its section on deferred proceeds.

Axminister: another drafting lottery?

Julian Richards and Lynette Lewis discuss the recent High Court decision in relation to the Axminister pension scheme. This podcast touches on what happened, the impact of the decision and what’s next for the ongoing debate over s.37 confirmations.

CSSF clarifies MiFID application to Luxembourg investment fund managers

On 10 June 2021, the Luxembourg Financial Sector Supervisory Authority (the CSSF) issued new versions of (i) its frequently asked questions relating to the Law of 17 December 2010 on undertakings for collective investment and (ii) its FAQs covering the Law of 12 July 2013 on alternative investment fund managers. Both FAQs have been updated following the publication of a FAQ from the CSSF relating to the application of MiFID provisions to Luxembourg Investment Fund Managers.

Recommended

Brussels Belgium

Simpson Thacher launches in Brussels in post-Brexit move

Simpson Thacher & Bartlett is to open a new office in Brussels, the latest US firm to set up a post-Brexit outpost in Continental Europe. Starting in the summer, the new base follows the hire of the co-leader of Allen & Overy’s antitrust practice, Antonio Bavasso, reported by The Lawyer late last year. Bill Dougherty, […]

Seoul

Clifford Chance to close Seoul office

Clifford Chance is to close its Seoul office following a review, the first downsizing of the firm’s network since the onset of the pandemic. The firm has concluded that it will be able to serve Korean clients from its other Asia-Pacific outposts and through local alliances. The lawyers in the office are understood to be […]

Enthusiasm for long-term WFH grows at Gateley

Remote working is set to stay at Gateley, with a recent survey at the listed firm revealing that the percentage of staff wanting to work predominantly from home has increased. Against the expectations of CEO Rod Waldie, who anticipated a drop-off, up to 62 per cent of Gateley’s employees would now like to work from […]

Michael Chissick, Fieldfisher

Fieldfisher pays back salary cuts and plots hybrid model shift

Fieldfisher has paid back the amount of staff salaries and partner monthly drawings that were cut during the pandemic, as it seeks to kick in operational changes as part of a new working model plan.   The firm has carried out most of the reimbursements after, last June, it had asked staff with a salary […]

Webinar: Machine + Human: How advances in AI technology can be leveraged by in-house teams to drive efficiency

This free to watch webinar was part of the virtual General Counsel Strategy Summit that took place on 11th – 13th May 2021. If you’d like to watch the recording of this presentation, please complete the form below. Every organization is now grappling with combing through massive amounts of internal data to respond to internal investigations and the relentless onslaught of DSARs. As data volumes continue to grow and data sources increasingly diversify, this process will be only become more expensive and time-consuming, swallowing up valuable internal resources at a time when in-house teams are already being asked to do more with less. Advancements in AI and analytic technology can now be leveraged to overcome some of these challenges.

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