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Legal Developments worldwide

• Gulbenkian Andonian Solicitors discuss Post Brexit scenarios - EU Nationals and Salient Immigration

  From 1 January 2021 everyone  except for British and Irish citizens will be subject to immigration control. Gulbenkian Andonian solicitors has already published a detailed article on post- Brexit immigration with specific reference to EU nationals and their dependents after Brexit, and this can be read on the firm’s , on settled and pre-settled status requirements.
  - Gulbenkian Andonian

• BGH – A “Praxisklinik” must maintain the option of admitting inpatients

  A medical practice cannot advertise using the term “Praxisklinik” (“clinic” in English) if it does not provide overnight accommodation. That was the view upheld by the Bundesgerichtshof (BGH) in a ruling from October 17, 2018 (Az.: I ZR 58/18).
  - GRP Rainer LLP

• Stelios Americanos & Co LLC Shipping Practice

  The Cyprus flag has had unprecedented success in the last few years, rising to a position of prominence in world shipping.
  - Stelios Americanos & Co

• Malta Gaming Authority launches VFA/DLT Sandbox Environment

  The first phase of the Malta Gaming Authority’s (MGA) sandbox environment was launched on 1 January 2019, for the purpose of accepting virtual financial assets (‘VFA ’) and virtual tokens as valid consideration for the participation in licensed games. This test environment, which is intended to attract innovative business models, allowing them to develop in a contained regulatory environment, is expected to remain operative for a minimum period of ten months and can be extended at the discretion of the MGA.
  - GVZH Advocates

• BLOCKCHAIN TECHNOLOGY VS. GDPR: CONFLICT RESOLUTION REQUIRED

  Authors;
  - Gauci-Maistre Xynou

• CJEU – The taste of a food product is not eligible for copyright protection

  The taste of a food product is not eligible for copyright protection. That was the verdict of the Court of Justice of the European Union (CJEU) in a ruling from November 13, 2018 (Az.: C-310/17).
  - GRP Rainer LLP

• Perhaps the QuadragaCX Story Will Have a Happy Ending

  While there are the aficionados who will say that cryptocurrencies will free us of the chains of the global financial institutions, on the occasions when the world of cryptocurrencies intersects with the world in which most of us live, the news is generally bleak. While you may not know one side of a Bitcoin from the other, you probably know that its value has crashed over the last 13 months, you may even have heard about some of some of the larger cryptohacks (that is computer heists through which digital currencies belonging to investors are stolen from crypto trading exchanges). And over the last week or so, you may have read on mainstream news sites about the death of Gerald Cotton the CEO of Canada’s largest cryptoexchange QuadragaCX. The death of the CEO of a company that few had previously heard of, was news of course, because in his passing he had taken the passwords to the accounts of his customers with him. The result of this being that about $140 million of their money was stuck somewhere between this world and the celestial ether in which Mr. Cotton now resides. Of course, it wasn’t quite told like that. We were fed terms such as “private keys,” lack of “multi-signature protection,” “cold storage wallets” and more readily understandable – “cryptofraud”. Again!
  - Yigal Arnon & Co

• ENVIRONMENTAL LIABILITY: DOES LAND OWNERSHIP IMPLY AN OBLIGATION TO RESTORE A CONTAMINATED AREA?

  A recent judgement delivered by the Administrative Court of Brescia (No. 964/2018) clarified uncertainty on the responsibility of decontaminating a polluted area, specifically enquiring the relationship between ownership and decontamination. 
  - Villata, Degli Esposti e Associati

• Korean Supreme Court Confirms Licensee’s Standing to Challenge Patent Validity

  On February 21, 2019, the Supreme Court of Korea issued an en banc decision overruling its prior precedents on the issue of whether a licensee who is continuing to make royalty payments under an existing license agreement nevertheless has standing to challenge the validity of the licensed patent. In short, the Korean Supreme Court held that absent special circumstance, a patent licensee is an “interested party” eligible for challenging the validity of a licensed patent, despite the lack of any threat or potential threat posed by the patent holder against the licensee’s right to use the patented invention. (Supreme Court En Banc Decision No. 2017Hu2819).
  - Lee & Ko

• Amendments to the KFTC Merger Review Guidelines

  The Korea Fair Trade Commission (the “KFTC ”) recently amended its Guidelines for Merger Review (the ”Guidelines ”), which took effect from February 27, 2019. The Guidelines now provide for particular issues relating to “innovation markets” and “big data” that will be considered during the KFTC’s review of mergers within R&D-intensive (i.e. innovative) industries.
  - Lee & Ko