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Recent Articles

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    12/04/2024
    United Kingdom

    NSTA releases much needed guidance on measurement of carbon dioxide and the content of Carbon Storage Permit Applications

    The North Sea Transition Authority (“NSTA”) is responsible for offshore carbon storage licensing and permitting in relation to the UK Continental Shelf (UKCS). Following the successful initial carbon storage licensing round in 2022, there are now over 21 offshore carbon storage licences in the UKCS. Only a limited number of these relate to the Track 1 and Track 2 CCS cluster projects which are expected to be now working towards key investment decisions. There remains significant uncertainty surrounding what the NSTA expects to receive from carbon storage licensees (including the Track...
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    12/04/2024
    Europe

    Navigating clinical trial disclosures: No reasonable expectation of success in a patient sub-population in view of prior art reporting phase III clinical trial (T 1437/21)

    Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial. At a time when the European Medicines Agency (EMA) is requiring increased transparency for EU clinical trials, this case law is of increasing importance to those operating in the pharmaceutical space.In brief, this decision further supports the position that the disclosure of a clinical trial protocol does not always mean there is a reasonable expectation of success of achieving treatment. The...
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    12/04/2024
    International

    Oil & Gas: English court restrains foreign JOA proceedings in breach of arbitration provision

    In The Shell Petroleum Development Company of Nigeria Limited v Sunlink Energies and Resources Limited [2023] EWHC 3135 (Comm), the English Commercial Court demonstrated its willingness to ensure that a joint operating agreement’s arbitration provisions were preserved, and backed by real action by the court for a party seeking to circumvent them.BackgroundThe claimant, Shell Petroleum Development Company of Nigeria Limited (“SPDC”), and the defendant, Sunlink Energies and Resources Limited (“Sunlink”), were parties to a 2005 Joint Operating Agreement (the “JOA”)...
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    11/04/2024
    China

    China expands foreign investment in value-added tele­com­mu­nic­a­tions services through pilot programme

    On 8 April, the Ministry of Industry and Information Technology (MIIT) issued the Circular on Launching the Pilot Programme for Expanding the Opening-up of Value-Added Telecommunications Services.Prior to this announcement, China had long regulated foreign investment in the telecommunications sector with varying degrees of restrictions across different services. In the value-added telecommunications services (VATS) sector, certain areas such as e-commerce, domestic multi-party communications, store-and-forward services and call centres have seen a relaxation of foreign investment restrictions,...
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  •  
    11/04/2024
    Europe

    Designs practice update: EU Court of Justice upholds Advocate General’s opinion on strict rules for design priority

    BackgroundIn our previous article (here), we discussed the opinion of Advocate General Capeta in EUIPO v The KaiKai Company Jaeger Wichmann. That opinion was provided following an appeal against the General Court’s ruling, which had held that the 12-month patent priority period could be applied to an EU design application claiming priority from a prior-filed PCT.By way of background, the European Intellectual Property Office (“EUIPO”) had rejected a priority claim by KaiKai Company for a Community Design application based on an earlier PCT patent, on the basis that it exceeded...
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    11/04/2024
    Scotland

    Housing (Scotland) Bill: Rental Control and Enhanced Duties in Focus

    Introduction In an attempt to “establish a well-regulated rented sector that balances the needs of tenants and landlords”, the Scottish Government has introduced a new Housing (Scotland) Bill. The Bill proposes several key reforms to Scotland’s private rental sector, particularly concerning rent controls, tenants’ rights to keep pets and decorate their homes, and delayed evictions.In this Law-Now we consider some of the proposed reforms and the potential impact of these on investment into the private rental sector.  Rent ControlIf passed, the Bill will require...
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