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  07/05/2024

  International

  Energy and climate change: The most significant climate change litigation decision yet?

  In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20), the European Court of Human Rights (ECtHR) issued arguably the most impactful and far-reaching ruling on climate change by any European court. The decision has the potential to impact individuals, businesses, and governments in a radical way by casting the law (and courts) rather than governments (and parliaments) as the ultimate body responsible for deciding whether public authority action and inaction are appropriate in the context of climate change. Furthermore, if NGOs determine that a public authority...

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  01/05/2024

  Europe

  Flushed and failed: General Court shuts the lid on invalidity attack against toilet seat design

  IntroductionEarlier this year, we reported on a Belgian court ruling relating to the validity and infringement of designs for cat litter trays (read about it here). This time, in a decision which will be of greater relevance to our feline friends’ human companions, the EU General Court has dismissed an appeal seeking to invalidate a design for toilet seat lids (Nextrend v EUIPO - Xiamen Axent Corporation and Axent Switzerland, Toilet seats (elements of - ) Case T-82/23). The decision re-states some key principles of design law on the impact of technical constraints for functional products,...

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  29/04/2024

  International

  On your radar | Key employment issues to be aware of internationally

  We are delighted to share with you our latest and largest edition of On Your Radar, with contributions from 35 countries. As ever, you will find employment law updates covering a diverse range of topical developments, for example:Several countries report changes to their rules on hiring foreign workers – Hungary, Serbia and Romania.Belgium explains that companies with over 50 employees must appoint a person of trust who plays an important role in protecting employees against psychosocial risks in the workplace including sexual harassment. At a time when employers are looking for ways...

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  29/04/2024

  Europe

  Design decision on ‘Sole technical function’ packs a punch – The CJEU breaks down the technical design exclusion in Papierfabriek ruling

  SummaryIn a case which has been recognised as among the most impactful European design cases of the past year, the Court of Justice of the European Union (“CJEU”) has clarified the principles of ‘sole technical function’ invalidity for registered designs (Papierfabriek Doetinchem BV v Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co.)This case revolves around a Community design registered by Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co (“Sprick”), which Papierfabriek Doetinchem BV (“Papierfabriek”) was alleged to have infringed.Papierfabriek...

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  25/04/2024

  Europe

  Cheers! New EU rules to strengthen GI protection for wine, spirit drinks and agri-food products come into force on 13 May 2024

  On 23 April 2024, a new EU regulation aimed at enhancing the protection of geographical indications (GIs) for wine, spirit drinks and agricultural products, and other quality schemes for agricultural products was published in the Official Journal. The new rules, that enter into force on 13 May 2024, provide for a streamlined registration procedure, a strengthened role of producer groups, and improved provisions on GI protection (both online and offline) and sustainability.Background on Geographical Indications (GIs) for wine, spirit drinks and agri-food productsGIs are intellectual property rights...

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  18/04/2024

  International

  Transforming the Legal Landscape? The Impact of LLMs

  Large Language Models (LLMs) are a branch of artificial intelligence (AI) that can generate human-like text based on deep learning techniques. LLMs are trained on massive amounts of textual data, such as books, articles, and websites, and learn to recognise patterns, structures, and relationships within the data. By doing so, they develop the ability to produce text on various topics. The presence of LLMs in the legal sector is increasing and, with this, the ability of lawyers to understand and use LLMs in providing quality advice to their clients is becoming more important. CMS have a dedicated...

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