Recent Articles

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  16/04/2024

  APAC region

  Top developments and predictions in the Life Sciences & Healthcare sector in Asia-Pacific

  In this round-up, we look back at the top developments over the last 12 months in the life sciences & healthcare (LSHC) sector, and we look to the future with our top predictions for the coming year for businesses operating in the Asia-Pacific region.In 2023, China enhanced rules for the management of human genetic resources. It also intensified regulatory oversight in the sales of pharmaceuticals, medical devices, and cosmetics, particularly in the realm of online sales. Meanwhile, the Hong Kong government is actively working on unlocking the city’s potential in the Life Sciences &...

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  16/04/2024

  Hungary

  Hungary proposes widening scope of financial entities under DORA Regulation

  On 10 April 2024, the Hungarian Parliament adopted a new law on the detailed rules implementing the DORA Regulation – Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector (Digital Operational Resilience Act – DORA). The following article summarises the main differences between the scope of DORA and the Implementing Law.Scope of DORA in generalDORA lays down uniform requirements concerning the security of network and information systems supporting the business processes of financial entities...

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  16/04/2024

  United Kingdom

  To decide or not to decide: burden of proof findings and subsequent adjudications

  A recent decision of the Scottish Court of Session has considered whether the failure to prove a delay damages claim in one adjudication prevented the claimant from renewing the claim in a subsequent adjudication. In finding that the claim could not be re-adjudicated, the Court sought to distinguish a previous TCC decision in England where a failure of proof did not prevent a subsequent adjudication on the same claim. The Court’s comments suggest that adjudicators might have the ability to avoid deciding a claim where burden of proof issues exist, effectively reserving the claim for a subsequent...

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  16/04/2024

  Poland

  Poland’s strict avoidance action regulations differ from EU Draft Directive

  The European Commission has published a new proposal for a Directive that would harmonise certain aspects of insolvency law across the EU. This proposal, following the enactment of Directive (EU) 2019/1023, illustrates a strong desire to facilitate the free movement of capital within Europe. A significant part of the proposed Directive is designed to make laws governing avoidance actions uniform across the EU.A review of the draft proposal indicates that Poland already has strict provisions relating to avoidance actions aimed at protecting creditors against fraudulent actions preceding the insolvency...

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  15/04/2024

  APAC region

  Top IP developments and predictions across Asia-Pacific

  We look back at the top developments over the last 12 months in Intellectual Property (IP) and we look to the future by offering our top predictions for the coming year for businesses operating across Asia Pacific (APAC) with an emphasis on mainland China, Hong Kong and Singapore.Over the last year, we have seen the continuous and rapid development of IP systems in APAC jurisdictions, including the reciprocal enforcement of IP judgments between Hong Kong and mainland China and innovative Chinese court decisions on FRAND rates and the copyright of AI-generated images.  Over the coming year,...

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  15/04/2024

  Germany

  EU Commission enforces obligation to provide correct and complete information in merger control proceedings

  EU merger control law provides for an obligation of the parties to provide correct and complete information in merger control proceedings. This obligation has a very high relevance for the European Commission, as latest enforcement activities demonstrate. On 19 March 2024, the European Commission sent a Statement of Objections to an insulation panels maker alleging that the company provided incorrect, incomplete and misleading information during merger control proceedings for the company's planned acquisition of a mineral fibre sandwich panel producer.These investigations of the European Commission...

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