Recent Articles

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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

  Turkiye

  Proposed EU Directive on Harmonisation of Insolvency Law could safeguard Turkish creditors, if adopted

  Insolvency proceedings and avoidance actions play a significant role in safeguarding creditors' interests and maximising the insolvency estate in Türkiye. The European Commission's Proposal for a Directive (COM (2022)702) aims to harmonise contestation rights in insolvency across EU member states. Although Türkiye is not an EU member states, Türkiye has similar avoidance actions regulated under its own insolvency legislation, the Turkish Enforcement and Bankruptcy Law (EBL).OverviewSimilar to the EU’s proposed Directive, the EBL contains provisions for the annulment of transaction...

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  26/04/2024

  Germany

  Interpretation vs. decision-making? Bavarian Highest Regional Court rules on power of state courts and its limits to interpret and clarify operative part of arbitral awards in recognition proceedings

  In a decision on an application for declaration of enforceability of a domestic arbitral award on agreed terms, the Bavarian Highest Regional Court (BayObLG) recently addressed the power of state courts and their limits to interpret and clarify the operative part of arbitral awards. The ruling also clarified the requirements for formal service of an application for declaration of enforceability on the respondent and on the admissibility of penalty interest.Facts of the caseIn an arbitration concerning remuneration claims for corporate finance services, the Claimant sought payment from the Respondent,...

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  26/04/2024

  Croatia

  Contestation rights in Croatia and the impact of the EU’s insolvency law draft Directive

  Regarding the draft Directive proposed by the European Commission that harmonises facets of insolvency law, it is worth noting that the draft Directive does not prevent EU member states from maintaining or adopting provisions that offer greater protection to creditors than those outlined in the Directive. Since the existing Croatian law framework on contestation rights provides numerous and detailed rules that go beyond the draft Directive, its implementation is not expected to require extensive or substantial modifications.Legal acts intentionally detrimental to creditor (Art. 8)The acts of the...

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  26/04/2024

  Germany

  Article 82 GDPR: Liability claims under the right of access under data protection law

  It is easy to request access pursuant to the GDPR. If it is not granted, if it is granted late nor not fully, claims for compensation may be asserted as a result.Employees against former employers, consumers against insurance companies, banks and other entities: there are a variety of legal relationships in which claims for compensation may arise as a result of infringements of the European General Data Protection Regulation (GDPR). Article 82 (1) GDPR states that any person who has suffered material or non-material damage as a result of an infringement of the GDPR has the right to receive compensation...

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  25/04/2024

  United Kingdom

  The Procurement Act 2023 ‘goes live’ on 28 October 2024

  The Government has announced that it is working towards a ‘go-live’ date for the new procurement regime of  28 October 2024. This marks the beginning of the six month preparation period for contracting authorities, utilities and suppliers to the public, utilities and defence sectors.Guidance for transitional arrangementsOn 22 April, the Cabinet Office published guidance for transitional arrangements.The guidance sets out how the changeover from the previous legislation to the Procurement Act 2023 (the ‘Act’) should be managed and effected by contracting authorities,...

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