Lorenzo Biamonti explains what China's revised Anti-unfair Competition Law means for licensing intellectual property and trade secrets.Read More
What is needed for patent waivers or “compulsory licensing” to be implemented practically in a comprehensive and effective fashion? Will they remain a pure abstraction? Maurizio Gardenal looks at the nitty-gritty.Read More
Bernando Cartoni addresses the topic of arbitrator’s bias by considering two recent and landmark decisions.Read More
All non-disclosure clauses that are an integral part of another contract involving an EU-based party must now be examined in the light of EU Directive 2016/943. Sven Regula guides you through what this means for contract negotiation.Read More
The US, Turkey and China have stepped in to address cryptocurrencies in very different ways in the past few years.Read More
Introduction Identifying the parties in dispute correctly is of paramount importance and any mistake can determine the nullity of the arbitral award. A very recent decision of the Hong Kong Court of First Instance provides a helpful illustration of this problem. Facts of the case and ratio decidendi In this case (AB v CD, [2021] […]Read More
China’s 2020 revision of the Patent Law takes effect on 1 June, 2021. The amendment changes Article 65 to Article 71, which provides four rules for calculating damages for patent infringement. Loss rules: according to the actual loss suffered by a rights holder due to the infringement; Benefits rules: according to the benefits obtained by […]Read More
Introduction After many years of obscurity, the legal tech market is now booming and is trying to take over parts of the legal market. The very wide term “legal tech” may not be defined legally yet but commonly denotes the use of software for document management or specialised legal research databases, and the automatic creation […]Read More
When discussing the culture of negotiation in Chile, we must first understand that this is a diffuse and somewhat incomplete area of our legal system. The parties to a contract or transaction may find themselves having to exchange a great deal of information or go through several procedures to reach a legal and binding agreement. […]Read More
The introduction of the European Union Cross Border Mediation Directive (2008/52/EC) has helped to augment mediation’s status as a means of resolving international disputes in Europe. The use of mediation can be enforced by inserting a “step-clause” or “escalation clause” into a contract. This requires parties to embark on mediation or other forms of Alternative […]Read More
