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EUROPE
Estonia: New Rules on Right of First Refusal
Tark & Company, Tallinn
by Risto Vahimets
Right of first refusal is quite often a centerpiece of hostile takeover battles. In many cases it plays a significant role in the more friendly takeover negotiations as well. Use of right of first refusal based on the law and articles of association has been heavily disputed and rules on that critisized in Estonia for many years. It has almost seemed that the legislator can not get it right and this concept remains uneffective for ever.
[FULL STORY]
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Intellectual Property in Designs – Poland
Kochanski Brudkowski i Wspolnicy Sp.J., Warsaw
by Dustin Du Cane
As with other modern legal regimes, Poland recognizes and protects the value of intellectual property in designs and of the work put into creating a design and giving it value, during the initial or later stages, through quality production, advertising or marketing.
Legal protection in Poland is gained through creation (copyright law), registration (industrial property law) or market and consumer recognition (unfair competition law), sometimes on the basis of all of above. Poland does not have a strict registration regime and in many cases it will be possible to protect a design without formal registration.
[FULL STORY]
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The European Enforcement Order for Uncontested Claims
Göhmann Wrede Haas Kappus & Hartmann , Barcelona
by Annette Haym
By creating a European enforcement order for uncontested claims the European Union has tackled a common problem faced in cross-border issues when enforcing a court order obtained in one state in another state of the EU. Procedural rules have been adapted to correspond more closely to the effects of free movement in the EU and to the reality of a common market without borders, thus offering higher legal certainty when seeking civil justice within EU boundaries and allowing the free circulation of decisions.
[FULL STORY]
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Google Print for Libraries: has Google gone too far?
Fladgate Fielder, London
by Eddie Powell
In the beginning it seemed like a dream come true: to make literature and knowledge accessible from all over the world and at any time. Free access to culture and information, this was Google’s promise, when it announced in October 2004 the launching of the first Google Print programme: Google Print for Publishers (GPP). For this purpose, Google has negotiated title-specific contracts with many publishers mainly from the US, including big houses like Penguin, Taylor & Francis, Blackwell, Springer, Chicago and Cambridge, to digitise their publications and to make them available on the internet via the Google search function.
[FULL STORY]
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The new Companies Act of Sweden - Streamlining and simplifying the old act
Hellström & Partners law firm, Stockholm
by Staffan Michelson
There are about 307 000 limited companies in Sweden out of which approximately 1 000 are public limited ones. The basic regulations are set forth in the 1975 Companies Act (aktiebolagslagen). Due to the many changes in business life and the requirements of making the rules for limited companies clear and lucid a complete revision has been made, the result of which is the new Companies Act which will come into force by 1st January 2006.
[FULL STORY]
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Reconsideration of Romania's state aids policy as an EU accession condition and risks for state aid beneficiaries
Zamfirescu Racoti-Predoiu Law Partnership, Bucharest, Romania
by Raluca Marian and Cristina Dinu
Romania’s accession to the EU requires, among others, the improvement of its state aid policy in order to make the internal competition environment compatible with the common market.
[FULL STORY]
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