Montenegro

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  •  
    27/03/2024
    Europe

    Inflation Reduction Act

    The ActOn 16 August 2022, the US took an important step in the history of clean energy and climate change with the adoption of the Act. The Act establishes energy communities and offer production and investment tax credits for clean electricity, bonus credits for projects located in an energy community to ensure workers and communities are included in sustainable growth and prosperity.The Act, often deemed as the most significant climate legislation in the US history, provides financing, programmes and incentives to enable significant deployment of new sources of clean electricity, accelerating...
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  •  
    27/03/2024
    Europe

    Another step towards green transition: EU’s Deforestation Regulation

    As global concerns about environmental sustainability and climate change escalate, regulators around the world are adopting increasingly stringent measures to address pressing issues such as deforestation. One such regulation is the European Union’s Deforestation Regulation (“EUDR”) which entered into force on 29 June 2023, and which has significant implications for companies operating in affected industries. This regulatory evolution aligns with broader global conversations, including deliberations at the 28th Conference of the Parties (“COP28”), and underscores the...
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    27/03/2024
    Europe

    The CJEU finds that the UK violated its European Law obligations when it complied with pre-existing ICSID Convention obligations without waiting for CJEU to first rule on the issue

    On 14 March 2024, in the case of European Commission v United Kingdom of Great Britain and Northern Ireland, the Court of Justice of the European Union (“CJEU”) found that the UK “seriously compromised the EU legal order” and violated its obligations under the Treaty on the Functioning of the European Union (“TFEU”). This finding concerned a decision by the UK Supreme Court (“UKSC”) to enforce an “intra-EU” ICSID arbitral award on the grounds that the UK’s international obligations under the ICSID Convention pre-dated and were not...
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  •  
    26/03/2024
    Europe

    EU Court ruling upholds invalidity action against PUMA shoe design

    The EU General Court ruled on the invalidation of a community design by the EUIPO and an appeal against that decision (judgement of the General Court in Case T-647/22, Puma v EUIPO - Handelsmaatschappij J. Van Hilst), finding that PUMA's shoe design had lost its individual character due to its disclosure, which preceded the application for the disputed design by more than 12 months. The poor quality of the photos on Instagram or the lack of focus on the design of the shoes did not constitute a reasonable argument. The Court also held that the disclosure on a social media platform was sufficient...
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  •  
    25/03/2024
    Europe

    Patentability of inventions relating to diagnostic methods at the EPO

    Under Article 53(c) of the European Patent Convention (EPC), diagnostic methods practised on the human or animal body are excluded from patentability. The purpose behind this exclusion is to avoid patent infringement by medical and veterinary practitioners when carrying out a medical diagnosis. How Article 53(c) EPC should be applied was discussed in detail in the Enlarged Board of Appeal decision G 1/04.In this decision, the Board held that the exclusion of diagnostic methods from patentability should be interpreted narrowly and sets out specific criteria for the assessment of this exclusion.The...
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  •  
    22/03/2024
    Serbia, Montenegro

    Avoidance actions in Serbia and in Montenegro: An overview

    In response to the EU Commission's proposal for a directive to harmonse specific elements of insolvency law on 7 December 2022, this article explores avoidance actions, one of the Directive Proposal’s key aspects, and the way avoidance actions are regulated in Serbia and Montenegro as EU candidate countries.In the context of insolvency proceedings, avoidance actions involve the annulment of transactions undertaken by the insolvent debtor before the initiation of insolvency proceedings.Avoidance actions in SerbiaAvoidance actions in insolvency proceedings in Serbia are prescribed by the Law...
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