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  24.11.2023

  International

  Carbon Border Adjustment Mechanism transition in effect since 1 October 2023

  On 1 October 2023, a two-year transitional period began for implementation of Regulation (EU) 2023/956, which introduces the Carbon Border Adjustment Mechanism (CBAM). CBAM levies punitive CO2 charges against third-country importers of certain goods and only permits CBAM declarants to import these goods into the EU. Although reporting obligations have been imposed for the two-year transition period, CBAM does not fully go into effect until 1 January 2026. For more details, follow this link to the main article.A. General InformationFrom 1 January 2026, importers of specific goods from third countries...

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  22.11.2023

  Europe

  Another grilling: General Court goes against HALLOUMI and strikes down appeal in GRILLOUMI opposition

  IntroductionTwo years ago, we commented on the difficulties that Cypriot cheesemakers faced when attempting to oppose the registration of a figurative mark containing the word BBQLOUMI, relying on EU collective trade mark registrations for HALLOUMI – see here. That opposition was rejected on the grounds that the ‘Halloumi’ mark had low distinctive character and was seen as being descriptive, meaning it was not sufficient to give rise to a likelihood of confusion. Notably, that ruling confirmed that EU collective marks were subject to the same basic requirements of distinctiveness...

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  21.11.2023

  Europe

  EP Case Law in Brief: Proof of common general knowledge

  It is a common sight for a patent attorney – an EPO Examiner acknowledges that a claim is novel, but asserts a lack of inventive step over ‘D1’ in combination with ‘common general knowledge’ (CGK). When considering the ability to challenge this assertion, section I.C. 2.8.5 of the Case Law of the Boards of Appeal provides some guidance.General principlesIt is well established in the case law (T 438/97, T 329/04, T 941/04, T 690/06, T 2132/16) that if the status of some information as CGK is challenged, the person asserting that it is CGK must provide proof, such as...

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  16.11.2023

  International

  NFTs under MiCAR – are they regulated or not?

  The Markets in Crypto-Assets Regulation (MiCAR) sets down a harmonised regulatory framework for crypto-assets. MiCAR's overarching goal is to extend regulatory oversight to those categories of cryptos and tokens that have so far remained outside the scope of regulation. The following focuses specifically on non-fungible tokens (NFTs) and examines whether they are covered by MiCAR.What are NFTs?NFTs are cryptographic records stored on a blockchain that are unique in that they are linked to a specific asset. They primarily serve as the electronic "embodiment" of mainly digital, but also physical...

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  15.11.2023

  EU

  European Parliament adopts Data Act

  On 9 November 2023, the European Parliament adopted the harmonised rules on fair access to and use of data (the Data Act), which complements the Data Governance Act of November 2020 by laying down rules on the use of personal and non-personal data in all economic sectors EU-wide as part of the European Data Strategy announced in 2020 to move Europe into the digital age.BackgroundThis legislation was first proposed by the European Commission in February 2022 with the aim to boost innovation by removing barriers for access by consumers and businesses to data. Under ordinary legislative procedure,...

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  15.11.2023

  EU

  Final text of political agreement on AIFMD II has been published

  1.Background:On 25 November 2021, the European Commission (the Commission) put forward its proposal for amendments to the Directive 2011/61/EU on alternative investment fund managers (the AIFMD) as regards delegation arrangements, liquidity risk management, supervisory reporting, provision of depositary and custody services and loan origination by alternative investment funds. On 19 July 2023, the European Parliament (the EP) and the Council of the European Union (the Council) reached a provisional agreement. After two years, including several months of technical trilogues, the final text of the...

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