On 1 July 2004 European Union Regulation 1383/2003 came into force, simplifying the procedures for seizure by Customs of infringing goods throughout the EU. Businesses should consider their current customs seizure arrangements, as significant efficiencies are now available. Preventing counterfeit or pirated goods from entering the EU can be much more efficient than trying to stop distribution once the goods enter the EU.

In one of the year’s most valuable contract claims to come before the UK Patents Court, the <I>CAT v Abbott </I>dispute demonstrates the importance of properly understanding both the extent of existing IP rights and the nature of the protected technology, when drafting commercial agreements in technically complex fields.

A decision of the European Court of Justice (ECJ) on 24 June 2004 confirms the registerability as trade marks of combinations of colours <I>per se. </I>Brand owners may wish to review their portfolio to ensure they are fully taking advantage of trade mark protection for colours.

Data protection is antagonistically opposed to discovery: discovery promotes the disclosure of data whereas data protection is intended to prevent such disclosure.

Proposals have been circulating before the United States Congress regarding changes to the US code to restrict continuation practices for US patent applications. In Europe, the term "continuation application" does not exist. Nevertheless, it is customary for applicants to file divisional applications and ‘divisionals of divisionals’in order to extract the last benefits from their applications and to prolong pendency.

More often than not, infringement of intellectual property rights takes place in several countries at the same time. If the intellectual property holder wants to end the infringement, in principle, he has to start separate proceedings in the various countries where the infringement occurs. This may be a cumbersome operation.

In the aftermath of the collapse of the BCCI and Equitable Life litigation, the Commercial Court was subjected to unprecedented criticism.

Lord Hoffman, unusually sitting in the English Court of Appeal, today handed down judgment in the much anticipated appeal of H. Lundbeck A/S v Generics (UK) Ltd and Others.

Now that individual Member States of the European Union have given up some of their sovereignty, the extraterritorial jurisdiction of patent judges is a point that merits serious debate.

It is now 20 years ago that I argued for the first time in <I>Monsanto v DSM </I>that a Dutch Court could grant an injunction, which later became known as a cross-border (the better name) or pan-European injunction.</

Companies can, in principle, be held responsible in criminal law for causing the death of employees or of members of the public.

Competition and intellectual property laws are closely linked, but a number of recent cases confirm that disparities remain in how European and US courts tackle conflicts between the two.

Winning a big court case or arbitration will be the culmination of many years work, but a new battle may soon thereafter ensue as the winning party chases defendants and their assets across the world in an attempt to convert a paper award handed down by the tribunal into hard cash.

Hedge fund managers often provide certain investors in hedge funds with separately negotiated ‘side letters’ granting terms that are different from the fund’s standard offering documents.

Your business is the victim of a breach of contract that requires immediate action to deal with the consequences: a fuel leak necessitates a clean-up operation, or defective machinery needs repairs.

It was revealed in early January 2007 that the Financial Services Authority is conducting a study with the Federal Reserve Bank of New York and the US Securities and Exchange Commission to examine counterparty credit risk exposures to hedge funds, and collateral policies, procedures and practices.