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Copycats Beware − Unregistered Designs Now have More Protection
Krogerus, July 2014
Finland

 

According to the Council Regulation (EC) No 6/2002 on Community designs (CDR), you can protect a design without registering it. But here is the catch: the unregistered design must be new and have an “individual character”. So, what is individual character? A recent court case gives insight. It specifically addresses the fashion industry, but the ideas are useful for any company that does not register all of its designs...

Keep Calm and Browse on
Krogerus, June 2014
Finland

 

Browsing the internet – even in a commercial context – does not require authorisation from the relevant copyright owners, says the EU’s top court. The Court of Justice of the European Union (CJEU) confirmed in its recent judgment in Public Relations Consultants Association Ltd (PRCA) v Newspaper Licensing Agency Ltd (NLA) and Others (Case C-360/13) that browsing the internet without a copyright owner’s authorisation does not infringe the owner’s copyright...

On And Beyond Hyperlinking - Svensson Decision And The Right Of Communication To Public
Krogerus, May 2014
Finland

 

The Nils Svensson v Retriever Sverige AB decision addresses fundamental questions of copyright and Internet use.  In essence, the case addresses the question of whether hyperlinking to freely accessible content requires authorization.  The original plaintiffs of the Svensson case were Swedish journalists who wrote press articles that were published in the Goteborge-Posten newspaper and on its website, where they were freely accessible...

Got a Compliance Programme? Steps to Consider Before you Jump In
Krogerus, March 2014
Finland

 

Your company’s compliance programme may not be the easiest topic to bring up at an executive management meeting, but it probably is one of the most important. What makes for a good compliance programme? This topic was raised at a Krogerus Compliance Officer Roundtable that gathered a cross-section of business executives in Finland. Here is a summary of some ideas you may wish to keep in mind...

Sometimes an End is a New Beginning
Krogerus, January 2014
Finland

 

Traditionally, the estate administrator’s main duty has been to liquidate the machinery of the estate as quickly as possible. But there are alternative possibilities. Instead of seeing the bankruptcy estate as a pile of assets left behind by a company that has gone through financial hardship, smart thinking says you should see this as an opportunity to start a new business. At its best, bankruptcy means a fresh start for a successor company without burdens of the bankrupt one...

Piercing the Asset Shield: Why Trusts and Private Foundations Work to Protect Capital and When They do not Work
Krogerus, August 2013
Finland

 

Trusts and Private Foundations often serve the same purposes. One transfers goods (money, real estate, shares, etc.) to an Private Foundation or trustee to be managed for the benefit of one or more others. Those “others” can be the ones who have transferred the goods to the trustee or the Private Foundation, but not necessarily so...

Use It or Lose It
Krogerus, July 2013
Finland

 

A recent ruling by the Court of Justice of the European Union (CJEU) could mean trouble for many Community trade marks. There is now a heightened risk that national courts will invalidate these trade marks if they have not been used extensively enough in the European Union.   Is broader protection better?   A Community trade mark (CTM) confers protection in all 27 EU member states...

Arbitration Essentials
Krogerus, July 2013
Finland

 

While arbitration offers an excellent means for parties to get their disputes settled faster than in traditional courts, how you draft the arbitration clause in a document is critically important for a positive outcome – should a dispute arise.  Legal agreements often have a clause indicating that parties agree to settle any disputes arising from the arrangement in arbitration. The text for this clause is frequently supplied by a local arbitration institute...

Feeling the Jolt: Impact of New Energy Market Legislation in Finland
Krogerus, May 2013
Finland

 

On 20 March 2013, the Finnish government issued its much-awaited proposal for a new Electricity Market Act and an amended Natural Gas Market Act. It also sent to the parliament a separate supervision act. The proposal implements the European Union’s third Electricity and Natural gas Directives to the Finnish legislation. It also includes numerous nationally prepared amendments and changes...

Use It or Lose it: Use your Community Trade Mark Wisely or you may risk losing it
Krogerus, March 2013
Finland

 

A recent ruling by the Court of Justice of the European Union (CJEU) could mean trouble for many Community trade marks. There is now a heightened risk that national courts will invalidate these trade marks if they have not been used extensively enough in the European Union. Is broader protection better?A Community trade mark (CTM) confers protection in all 27 EU member states...

A Contractual Tool for Anti-Corruption has Launched: a Summary of the ICC Anticorruption Clause 2012
Krogerus, February 2013
Finland

 

Corruption is undoubtedly one of the biggest problems facing civil societies these days. It prevents naturalcompetition in a marketplace and makes goods or services more costly. It has a detrimental effect on themoral, legality and transparency in a society and is an enemy to democratic decision-making. By underminingpredictability in business transactions, corruption makes investments more hazardous and reduces growthand business opportunities...

Finland Enacts a Number of Restrictions - and Some Incentives - in the Country's Recent Tax Package
Krogerus, January 2013
Finland

 

This is an important year on the taxation front. New rules restrict interest deductions and increase the transfer tax related to the sale of shares in housing and real estate. Additionally, two tax incentives support research and development activities, as well as innovation and growth. Restriction on interest deductionThe Finnish legislature has restricted interest deductions applied in taxation starting in the 2014 taxation year...

Intellectual Property Gets a New Home: the Finnish Parliament Decides to Move IPR Disputes to the Market Court
Krogerus, January 2013
Finland

 

With a law enacted on 17 December 2012, the Finnish parliament moved forward on the longstanding plan to house intellectual property rights disputes in the Market Court. This legislative reform has a significant impact for all companies operating in Finland. The Market Court will start to hear these disputes in the autumn of 2013...

Finland is Set to Increase its Wind Power Capacity
Krogerus, October 2012
Finland

 

Wind power offers Finland an attractive means to hit its renewable energy targets. It is estimated that by 2020 some 800 turbines will operate throughout the country, bringing 2,500 megawatts of production capacity. And there are plans for much more wind farms in the pipeline. While the Finnish wind power industry is still in its nascent stage, look for this to change in the near future...

The European Commission proposes stringent rules for high-frequency traders
Krogerus, September 2012
Finland

 

Over the past few years, high frequency trading has changed the landscape of financial markets. Although trading algorithms have existed for years, the scope of their application, as well as their complexity, has evolved significantly. European regulators are now taking a closer look at speed trading to see how they can regulate this activity...

Arbitration: Consider Your Options at the Contract Negotiation Stage
Krogerus, September 2012
Finland

 

While arbitration offers an excellent means for parties to get their disputes settled faster than in traditional courts, how you draft the arbitration clause in a document is critically important for a positive outcome – should a dispute arise. Legal agreements often have a clause indicating that parties agree to settle any disputes arising from the arrangement in arbitration...

New Proposal for Feed-in Tariff System for Wind Power Production Submitted
Krogerus, April 2011
Finland

 

Introduction Based on the final report submitted on September 29 2009 by a working group established by the Ministry of Employment and the Economy, on March 11 2010 the government submitted a draft for proposal to Parliament on new legislation in relation to a feed-in tariff system for electricity produced by renewable energy...