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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.A. General InformationFrom 1 January 2026, importers of specific goods from third countries will be required to pay punitive CO2 charges under...

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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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  09.11.2023

  Europe

  CMS Life Sciences Vital Signs, Winter 2023

  2023 has seen some significant legal developments impacting the life sciences industry, and as we look ahead to 2024, there are several important developments which we would like to keep our clients informed of.In the UK, beginning in January 2024, the UK will roll out a new International Recognition Procedure for medicines approved in trusted jurisdictions. There are also new public procurement rules on the horizon as the Procurement Bill has been progressing through the Houses of Parliament, with the aim to make the UK’s public procurement regime more efficient and transparent.In Europe,...

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  08.11.2023

  Europe

  Stoute v News Group Newspapers [2023] EWCA Civ 523: No reasonable expectation of privacy for “pe­r­fo­r­ma­ti­ve” acts

  Article 8 of the European Convention on Human Rights (“ECHR”) (which the United Kingdom is a party to) provides that“[e]veryone has the right to respect for his private and family life”. As the case of Stoute v News Group demonstrates however, this right is not absolute and is highly fact-specific. This case illustrates the approach to and factors that courts will take into account when balancing Article 8 and Article 10 (right to freedom of expression) rights in the context of granting injunctive relief.When considering whether to grant an interim injunction to restrain...

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