The protection of confidentiality of exhibits in French civil proceedings | LAVOIX

Legal Briefing

In France, parties have the sole power to delimit the scope of the disputes brought before the courts. In the absence of discovery proceedings, they are also tasked with providing the evidence to back up the demands brought before the courts. The judge may however take any legally admissible measure that appears necessary to the …

Recent competition law developments in Turkey: the administrative court’s stay of execution decision regarding behavioural remedies | ELIG Gürkaynak Attorneys-at-Law

Legal Briefing

The stay of execution order of the ninth administrative court of Ankara (court) regarding the Turkish competition board’s conditional approval decision dated 8 May 2018 and numbered 18-14/267-129 sheds some light and provides insights for future cases regarding the court’s approach towards behavioral remedies. The court found that the behavioral remedies accepted by the board …

Strategic considerations for foreign enterprises considering applying for leniency in India | AZB & Partners

Legal Briefing

The Indian Competition Act (CA02) was enacted in 20021. Since its inception, the Competition Commission of India (CCI) has imposed approximately £1bn in penalties on enterprises and their key individuals for their participation in cartels under s3, read with s27, of CA02. The Competition Commission of India (Lesser Penalty) Regulations were enacted in 2009. Since …

Trademark law and the criteria of distinctiveness

Legal Briefing

Introduction The traditional way of assessing distinctiveness is strictly focused on the specific national market in which the trademark and product occur, so that a trademark may very well be distinctive in a given market and not distinctive in another. In this article, we challenge this traditional approach and investigate more closely if specific circumstances …

The Application of Injunction in IP Litigation Cases in China

Legal Briefing

There is a continuously rising number of IP litigation cases in China in the past five years. For example, the number of civil, administrative and criminal IP cases newly filed before the courts in 2018 reached 334,951, according to the Annual Report on the Judicial Protection of Intellectual Property Rights of Chinese Courts (2018), which …