Commercial - Verträge

Aktuelle eAlerts

•  

  05.09.2023

  Oman

  The New Oman Social Protection Fund Law - Key Changes

  The Sultanate of Oman as a welfare state has for long operated under the old Public Authority for Social Insurance (PASI) Law (Royal Decree 72/9). Recently however, Oman has enacted the novel Social Protection Fund Law (SPFL) (Royal Decree 52/2023) in an attempt to enhance its social welfare framework by creating a single and unified social protection fund that improves financing and provides a wide range of benefits to workers and their families. This article provides an overview of some of the key aspects of the new law and compares it with its repealed predecessor, by highlighting the key impacts...

  Mehr
•  

  25.08.2023

  England and Wales

  Enforcing licence option rights: is it worth it?

  The recent decision in Exelogen Inc v. University of Birmingham highlights the challenges of enforcing option agreements for intellectual property rights and the difficulties of proving loss of profit-earning opportunities. The court dismissed Exelogen's claim for damages against the University, despite the University admitting breaching the option agreement.An option agreement is a contract that gives the right, but not the obligation, to enter into a further contract, usually within a specified time and on specified terms. In this case, the University granted Exelogen an exclusive...

  Mehr
•  

  21.08.2023

  United Kingdom

  Feel the glamour in pink: the com­mer­cia­li­sa­ti­on of Barbie

  In a recent interview with LexisNexis Kelly Saliger discussed the layers of IP involved in the creation and commercialisation of Barbie.  From copyright options to leverage in commercial negotiations – what’s worked well?  The article also considers collaborations and merchandising, basic contract terms including exclusivity and territory, the use of social media during promotion and how close is too close for social commentary and parody?What does the Barbie film mean for IP rights?‘Barbie’ is one of the most publicised films of the summer. What IP issues are...

  Mehr
•  

  15.08.2023

  England and Wales

  Royalties on Revenue: can you Deduct Rebates?

  The English High Court recently decided a dispute over royalty payments in relation to a pharmaceutical product. The main issue was whether rebates given to industry intermediaries could be deducted from the "gross income" on which royalties were based. The court found that rebates were properly deductible, even though they were not mentioned in the agreement. This case provides useful guidance for other parties involved in royalty agreements, especially in the pharmaceutical sector.The claimant, Eteboxagu AB, was due royalties on sales of a drug called NITYR by the defendant, Cycle Pharmaceuticals...

  Mehr
•  

  28.07.2023

  United Kingdom

  Beauty box subscriptions: the makeover mandated by the new DMCC Bill

  Everyone loves a well-thought-out surprise. And many consumers feel overwhelmed by the sheer number of products available in the cosmetics industry. In steps the beauty box: a personalised, monthly assortment of skincare, makeup, haircare and beauty products, often in sample sizes, delivered right to a consumer’s door.But, at least for some, the appeal of these subscription boxes can start to fade, particularly where the initial enticement of a discounted or free box subsides. Some companies make unsubscribing simple. For others, consumers face a laborious, pain-staking process. New provisions...

  Mehr
•  

  24.07.2023

  Europe

  EU proposes legislation affecting digital payments

  The EU has proposed the creation of a third Payment Service Directive (PSD3) Directive to replace PSD2 and a regulation on payment services in the internal market in an effort to protect consumers involved in digital transactions.According to the EU, the need to introduce the PSD3 is justified in order to prevent new forms of fraud and to protect consumers resulting from digitalisation and technological developments (e.g. open banking, contactless and QR code payments).The PSD3 will not replace PSD2 but rather develop it by extending the fraud and abuse prevention obligations of payment service...

  Mehr