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  04/10/2024

  Europe

  The EU Deforestation Regulation: deferred application, updated guidance and new FAQs

  On 2 October 2024, the European Commission published a proposal for a new legislative act which would defer the application of the recently adopted EU Deforestation Regulation (EUDR) by 12 months, citing the concerns raised by international partners about EUDR and the need to allow them and affected entities additional time to prepare.Separately, the Commission published updated Guidance on the interpretation of some of the key provisions of the EUDR and an updated, lengthy, Frequently Asked Questions document.BackgroundThe EUDR, which is an EU statute designed to ensure that no products or commodities...

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  04/10/2024

  International

  A week in the world of ESG

  A lot can happen over the course of a week in the world of ESG. Since Wednesday 25 September 2024, there have been several important developments in Europe and the US and, while we don’t claim to cover every development, this is a summary of those that have most captured our interest and attention.As ever, please reach out if you would like to discuss any of these areas in more detail.European Commission begins infringement process regarding transposition of the CSRDOn Thursday 26 September 2024, the European Commission (“EC”) announced that it has sent letters to 17 EU Member...

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  02/10/2024

  International

  Taskforce on Inequality and Social-related Financial Disclosures launched

  On 23 September 2024, the Taskforce on Inequality and Social-related Financial Disclosures (“TISFD”) was launched.The TISFD, which has been launched to bring attention to the financial risks presented by inequality and other social-related issues to companies and financial institutions (“FIs”), has said that it will develop a global framework for companies and FIs to include more effective disclosures about impacts, dependencies, risks and opportunities related to social issues in their public reporting.Yet another disclosure framework?Standardised, measurable reporting...

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  25/09/2024

  Europe

  Priority entitlement: the EPO implements the new “rebuttable presumption” criteria of G 1/22 and G 2/22 (T 2360/19)

  In recent Technical Board of Appeal decision T 2360/19, the Board considered the validity of priority claims following the Enlarged Board of Appeal consolidated decision G 1/22 and G 2/22.The opposed patent EP2784162 in the name of The Broad Institute, Inc. relates to CRISPR gene editing technology and is a divisional of EP2771468. The parent patent EP2771468 was previously revoked as confirmed by the Board of Appeal decision in T 844/18 (discussed in our article here) following case law known as the “same applicant” or “all applicants approach”, which preceded G 1/22 and...

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  10/09/2024

  International

  CMS Annual Review of English Construction Law Developments: An International Perspective

  We are pleased to announce the publication of the 2024 edition of our internationally focused Annual Review of English Construction Law Developments. The Annual Review summarises key developments in English construction law over the previous calendar year including developments in related common law jurisdictions. The publication has been prepared with our international clients in mind and aims to provide a greater degree of background and analysis than our regular Law-Now alert service.This year’s edition has a strong focus on exclusion and limitation clauses, with more than half of the...

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  16/08/2024

  Europe

  CMS Data Protection Update EU and Germany, August 2024

  I.    The latest from the data protection authorities and current topics1.    AI Act: Legislative proceedings finalisedThe legislative proceedings for the AI Act have been completed and came into effect on 1 August 2024. The CMS homepage provides an overview: Looking ahead to the EU AI Act (cms.law). The data protection authorities have published the following notifications and are gearing up for their new duties: Statement 3/2024 of the European Data Protection Board (EDPB) on data protection authorities' role in the Artificial Intelligence (AI) Act...

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