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  31.03.2023

  Europe

  Ar­m­chair in­ve­n­tio­ns pa­rt 3: De­ci­sion on plau­si­bi­li­ty at the EPO (G2/21)

  The issue of plausibility was previously referred to the Enlarged Board of Appeal (EBA), the highest judicial authority at the European Patent Office (EPO). Our article on the referral can be found here. The oral proceedings for G2/21 took place in Munich on 24 November 2022 and our article summarising the preliminary opinion can be found here.  The final decision has now issued – and leaves plenty of room for interpretation.Question 1: Principle of free evaluation of evidenceThe first question considered by the EBA was whether, in a case where post-published evidence is the exclusive...

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  30.03.2023

  Europe

  EU re­fo­rm of ele­c­t­ri­ci­ty ma­r­ket de­si­gn: The Co­m­mi­s­sio­n's pro­po­sed re­fo­rm of the RE­MIT Fra­me­wo­rk

  On 14 March 2023, the European Commission (“Commission”) published its legislative proposals to reform the EU electricity market in a two-fold way:by amending Regulation (EU) No 1227/2011 of the European Parliament and of the Council (REMIT) to enhance the toolbox available to monitor and enforce market integrity and transparency (“REMIT Proposal”), andby amending the Regulation (EU) 2019/943 (Electricity Regulation) and Directives Nos (EU) 2018/2001 (RED II) and (EU) 2019/944 (Electricity Directive) to reform the electricity market design rules.In this first article of...

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  29.03.2023

  Europe

  Of­f­sho­re Wi­nd in No­r­way – Fi­r­st Rou­nd An­nou­n­ced

  Live-streaming from an electrical, carbon fibre catamaran, Norwegian Prime Minister Jonas Gahr Støre and Minister of Petroleum & Energy Terje Aasland announced today the long awaited first tender process for offshore wind. This first round, catering for approximately 3 GW of offshore wind, is the first step towards the Norwegian government's long-term ambition to allocate areas for 30 GW offshore wind by 2040.A number of offshore wind consortia have been established in anticipation of this first round and we expect to see fierce competition over the four project areas up for award. The...

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  28.03.2023

  Europe

  Eu­ro­pean Pa­r­lia­me­nt and Coun­cil ready to sta­rt ne­go­tia­tio­ns on EU Da­ta Act – Eu­ro­pe ge­ts clo­ser to ado­p­ti­ng a da­ta law

  In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the EU and will, similar to the GDPR, be applicable to businesses established outside the EU. The proposed regulation contains a set of rules defining how various forms of data can be used and by whom for purposes across all economic sectors with the aim of creating a new data-agile ecosystem. While the new law will bring new opportunities, it will also create legal challenges for all actors in the...

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  24.03.2023

  International

  CMS Eu­ro­pean M&A Stu­dy 2023: Re­co­rd nu­m­ber of dea­ls la­st year de­s­pi­te cha­l­le­n­gi­ng eco­no­mic ba­c­k­d­rop

  The CMS Corporate/M&A Group is pleased to launch the 15th edition of the European M&A StudyIt has been a challenging year for M&A in view of rising inflation and interest rates, slowing growth and increased geopolitical tension, which have added up to a difficult macroeconomic environment. However, there have been plenty of deal opportunities, as demonstrated by the fact that our study covers a record 509 M&A transactions on which CMS advised in 2022. In a difficult M&A market, we are pleased with this result, which reflects the strength of our corporate offering throughout...

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  23.03.2023

  Europe

  Eu­ro­pean Pa­te­nt Of­fi­ce (EPO) di­g­gi­ng its hea­ls in over the need for de­s­c­ri­p­tion ame­n­d­me­n­ts, but how to do this re­mai­ns a cha­l­le­n­ge

  As a complement to the 10th edition of the EPO "Case Law of the Boards of Appeal" (CLB), the EPO has published an Annual Review containing summaries of decisions from 2022. The review provides a thematic overview of selected decisions of the boards of appeal published in 2022. There are a number of notable decisions in the summary including those concerning the controversial topic of bringing the description into line with amended claims.BackgroundIn October 2020, CMS published an article ‘New EPO Guidelines expected regarding amending a description: what’s all the fuss about?’,...

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