Consumer Products - FMCG

Welcome to the home of consumer products - FMCG on Law-Now.

On this page you can access the very latest updates on the fast moving and diverse FMCG sector here. These Law-Now updates cover all aspects of the supply chain and real industry issues, such as improving yield, cutting costs and reducing environmental impact. As consumer product legislation differs around the world, you will find updates from CMS' industry experts here.

To stay in touch with the latest developments, please bookmark this page on your mobile or register to receive eAlerts.

Recent Articles

  •  
    20.03.2023
    Europe

    Out with the old, in with the new? Con­sid­er­a­tions for pat­entees in opt­ing out of the Uni­fied Pat­ent Court

    So far in this series of blog posts, we began with an article that highlighted some of the key changes between the current European system of patent prosecution and enforcement and the new Unitary Patent and Unified Patent Court (UPC), set to become operational from 1 June 2023.  In part two, we considered the interesting procedural features of the UPC and how they might influence a patentee’s decision to opt in or out of the regime.In this part three, we discuss some of the practical and strategic considerations that patentees should weigh up when deciding whether to opt out of the...
    Read more
  •  
    17.03.2023
    EU

    Mer­ger con­trol re­view be­low fil­ing thresholds – the ECJ Tower­cast judg­ment adds one more ar­row to the quiver

    On 16 March 2023, the ECJ decided that a M&A transaction, which was not subject to ex-ante EU merger control, can be reviewed – from an ex post perspective – as to whether the acquirer (through the acquisition) abused its dominant position within the meaning of Article 102 TFEU (prohibition of the abuse of a dominant position). This allows national competition authorities to apply Art. 102 TFEU to non-notifiable mergers. The judgment therefore provides competition authorities in the EU with a significant additional tool for their scrutiny of transactions, which are not reportable...
    Read more
  •  
    10.03.2023
    Europe

    Se­cur­ity for costs in en­force­ment pro­ceed­ings in Ger­many – The Ger­man Fed­er­al Su­preme Court adds an­oth­er piece to the puzzle

    Pursuant to Sec. 110 of the German Civil Procedure Code (ZPO), claimants who do not have their habitual place of residence in a member state of the EU/the EEA can be ordered to provide security for the costs upon request of the defendant if certain requirements are met. The provision aims at protecting the defendant from the difficulties related to the recognition and enforcement of a cost decision abroad.While Sec. 110 ZPO is designed for ordinary civil actions, it is recognised that the provision applies to other types of (state court) proceedings if the requirements of an analogous application...
    Read more
  •  
    09.03.2023
    International

    CMS Ex­pert Guide to ESG Com­pens­a­tion

    Incorporating ESG KPIs into directors’ remunerationThe urgent need to place sustainability at the heart of company strategy is inextricably linked to incentives provided to its directors and employees. This Expert Guide aims to provide practical insights into key market practices and trends aimed at incorporating sustainability and/or Environmental, Social and Governance (“ESG”) KPIs into directors’ remuneration.The regulations and recommendations on ESG-related remuneration vary considerably from sector to sector and from country to country. The trend is, however,...
    Read more
  •  
    08.03.2023
    Europe

    Out with the old, in with the new? Pro­ced­ur­al fea­tures of the Uni­fied Pat­ent Court

    In our previous article, we looked at the current European system of patent prosecution and enforcement and highlighted some of the key changes that will be coming with the new Unitary Patent and Unified Patent Court (UPC) once the system is operational from 1 June 2023.In this part two, we seek to touch on some of the interesting procedural features of the UPC. These features and their respective benefits (or limitations) may influence a patentee’s decision to opt in or out of the regime. Understanding the procedural nuances of the UPC will be critical not only for patentees but also defendants...
    Read more
  •  
    06.03.2023
    Europe

    Fu­ture im­pact of emer­ging tech­no­lo­gies on IP pro­tec­tion and en­force­ment – EUIPO up­dates its ‘Tech Watch Dis­cus­sion Pa­per’

    As technology develops rapidly, the way in which stakeholders protect and enforce their intellectual property (IP) is changing and will continue to change in the future, but how? And should existing IP laws and enforcement measures be amended to address those changes? These issues, among others, were discussed in the second edition of the ‘Intellectual Property Infringement and Enforcement Tech Watch Discussion Paper’ (see here), which was recently published by the European Union Intellectual Property Office (EUIPO). This Law-Now looks at some of the most significant findings and comments...
    Read more