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eAlerts Récentes

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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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  28.03.2023

  Royaume-Uni

  Em­ploy­ment rates and li­mits - Changes for April 2023

  April 2023 will see changes to employment rates and limits which are adjusted annually in line with the retail prices index. The RPI has risen significantly over the last year and statutory redundancy payments, employment tribunal awards and national minimum wage rates will all be affected. The key changes for employers to be aware of are outlined below.National minimum wageThe increases in the national minimum wage rates (including the national living wage rate) that apply from 1 April 2023 are as follows:for workers aged 23 and over, from £9.50 to £10.42 per hour;for those aged 21-22,...

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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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  22.03.2023

  Croatie

  Wor­king for a UK em­ployer: Croa­tian wor­kers fa­cing a dif­fi­cult de­ci­sion: a hi­gher sa­lary now or a pen­sion to­mor­row?

  Brexit has resulted in significant changes to contribution requirements, registration, and payment obligations for Croatian citizens employed by UK-based employers. The regulation on the coordination of social security systems applies to employment with EU member countries, the European Economic Area, and Switzerland. Croatian legislation applies to workers living in Croatia and employed by UK-based employers, and such individuals are required to make contributions to pension and health insurance in Croatia while being entitled to receive benefits from the Croatian pension and health systems. The...

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  22.03.2023

  Europe

  Eu­ro­pean Pa­tent Of­fice (EPO) le­vel of dis­clo­sure re­qui­red for an­ti­bo­dies - first me­di­cal use

  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, although it has been a somewhat quiet year for significant decisions in the antibody area.  Most decisions in this technical area consolidate what is now fairly settled practice at the EPO for antibody cases, where inventive step continues to be a major challenge....

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  22.03.2023

  Europe

  Is a pa­tient in a cli­ni­cal trial con­si­de­red to be a mem­ber of the pu­blic in the con­text of no­velty prior art?

  In T 0670/20, the question was whether the internal structure of medicinal tablets had been made available to the public by patients taking part in clinical trials involving administration of the tablets. The Appeal Board found that the patients participating in the trial had entered into a special relationship with the investigators of the trials and were not free to dispose of the tablets. Accordingly, the patients were not members of the public for novelty purposes.However, the Board acknowledged that the patients were not under a duty of confidence with respect to their participation to the...

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