International Legal News

The Global Legal Post launches online anti-counterfeiting comparative law guide 

Law Over Borders guide helps international brands navigate laws in array of key jurisdictions   

Linklaters adds two structured finance partners from Alston & Bird in New York

Joseph Gambino and Peter Williams bring CLO expertise to the magic circle firm?s capital markets practice

Womble Bond Dickinson expands US platform with San Francisco tie-up

Merger with Cooper White & Cooper pushes Anglo-US firm's California network past 50 lawyers

Singapore?s TechLaw.Fest returns for metaverse themed three-day hybrid conference

Two-day online conference will be preceded by a one-day in-person virtual reality exhibition

UK law firm financial results tracker

How the top practices performed in a year characterised by record deal markets, salary wars and escalating geopolitical instability

Herbert Smith Freehills' revenue climbs 6% to £1.103bn in ninth consecutive year of growth

CEO Justin D?Agostino credits twin transactional and disputes 'engines' as PEP rises to £1.163m

Simmons & Simmons points to international expansion as revenue rises 6% to £465m

PEP tops £1m for the first time as London firm highlights investment in Germany and Silicon Valley

Gleiss Lutz opens office in the Metaverse

Virtual venture will be led by Stuttgart partner Eric Wagner and target new opportunities in the largely unregulated digital environment

France?s Gide promotes nine to partner in Paris-focused round

New partners also make the cut in Brussels, London and Warsaw

Wachtell and Quinn Emanuel called in as Twitter court battle with Musk looms

Musk's dramatic bid to abort his $44bn takeover is heading for the Delaware Court of Chancery

Clifford Chance names women to lead corporate and financial markets practices

New global managing partner Charles Adams also creates two new roles overseeing client development and business transformation

Arbitration services business Arbitra adds four new members

Group has increased its member headcount to 35 from 18 since launching a year ago

Rimon PC partner trio exit firm to launch Silicon Valley IP boutique

Founding partners joined by three former Rimon lawyers and support staff amid wave of US lateral IP activity

Norton Rose Fulbright rings Brussels changes with new office head and White & Case partner hire

Miranda Cole is taking over from Jay Modrall who is retiring from the partnership

Pinsent Masons elects leading corporate lawyer as next senior partner

Andrew Masraf to succeed long-serving senior partner Richard Foley in October

Managing cross-border anti-counterfeiting

Skadden names next global transactions head after death of Scott Simpson

London partner Lorenzo Corte takes on the role following Simpson's passing in May

Guide to living and working as a lawyer in New Zealand

Everything you need to know about relocating to New Zealand by Alison Barrett of Nicholas Scott Global Legal Recruitment

European class action claims hit new record in 2021, according to CMS study

UK accounts for 54% of total class action activity in Europe, fuelled by surge in litigation funding

Herbert Smith Freehills' former Asia head to chair UK financial watchdog

Hong Kong Securities and Futures Commission's CEO to join strike-hit FCA in January

KKR hires Simpson Thacher M&A co-head as general counsel

Kathryn King Sudol to succeed US private equity giant?s veteran GC David Sorkin

Client-centricity in the legal profession: challenges and opportunities

Patrick Bignon and Richard King of consultancy Bignon De Keyser consider how legal businesses and lawyers can be more client-centric

Taylor Wessing revenue breaks through £400m benchmark against 27% PEP rise

UK firm retains profit share scheme amid bumper crop of financial results

Womble Bond Dickinson hires corporate partner, launches 21st US office in Nashville

Masami Izumida Tyson joins as the office's fourth partner

The Law Commission?s corporate criminal liability reform: what you need to know

Proposals seek balance between reform of archaic rules and need not to overburden corporations, write Aaron Stephens, Jules Quinn and Peter Hood

Ropes & Gray, White & Case and Hengeler Mueller lead on NielsenIQ and GfK combination

BakerHosteler, Squire Patton Boggs and Simpson Thacher also work on merger set to create a leading global provider of consumer analytics

TLT hires Konexo?s former legal services head to lead its managed services business

Jonathan Townend joins after 18 years at Eversheds Sutherland, including its Konexo unit

Reed Smith launches ESG practice to advise on plethora of 'regulations, principles, initiatives and reporting standards'

New team will be led by partners from seven of the firm's 30 global locations

Guide to working as a contract lawyer

Everything you need to know about becoming an on-demand lawyer by Charlie Harris of Contax Law

Pinsent Masons posts 16% hike in PEP against 6% rise in revenue

?Purpose-led? growth sees fee income top £530m as PEP reaches £739,000

Spain?s Cuatrecasas pushes LatAm platform with partner hires in Peru and Mexico

Corporate lawyer Diego Carrión joins in Lima from local firm as tax expert Juan David Mina comes aboard in Mexico City

Sullivan & Cromwell tops global M&A H1 ranking as deal activity slows

Simpson Thacher and Skadden complete the top three by deal value, according to Refinitiv

The Global Legal Post timeline: ESG and the law

How law firms and their clients are responding to the environmental, social and governance movement

King & Spalding names new managing partners in Singapore and Frankfurt

Dual appointments reaffirm commitment to international practice growth post-pandemic

Withers adds seven new partners in London-focused round

Five move up in the UK capital as firm targets growth in dispute resolution, corporate, finance and IP to serve core client base

London legal consultancy Prosperant helps launch new Hong Kong barristers set

Rede Chambers opens with 24 members from Sir Oswald Cheung's Chambers

Criminal barristers instruct Mishcon de Reya to challenge government over strike data collection

London law firm takes pro bono brief as Criminal Bar Association complains of 'intimidatory tactics'

Sidley Austin boosts London private equity practice with Proskauer partner hire

Chicago giant continues to restock London PE practice following raids by Goodwin Procter and Gibson Dunn

Pinsent Masons secures 23-strong team from local firm for Luxembourg launch

Deal adds seven new partners including Michel Bulach who will head the new Luxembourg office

Why law firms should be celebrating independence on 4 July

Don?t assume consultants? advice is unfettered by supplier relationships, warns Paul Longhurst of the ?fiercely independent? 3Kites

Clyde & Co?s £700m merger with BLM goes live

Combination creates UK's 11th largest law firm by revenue and largest casualty insurance team

Who won Luxury Law Awards ? and why

The top brands, law firms, legal teams and individuals honoured at Luxury Law Summit Europe

McDermott hires eight IP partners from Baker Botts to launch in Austin

New office will be headed by Baker Botts? former Austin IP head Kevin Meek

UK government appoints Freeths to oversee new compensation scheme for Post Office victims

More than 500 postmasters eligible for fresh compensation over Horizon IT scandal

Baker McKenzie completes 2022 partner promotions with 52-strong international round

Summer tally follows 23 North America appointments in January with the overall proportion of women rising incrementally to 37%

LGBTQ+ rights and the law ? looking back and looking forward

Reform in the UK has been slow and painful, but it has happened nonetheless and it is picking up speed, writes Jessica Keal of Simkins

M&A boom sees in-house teams almost double deal-related legal spend

Transaction advice represents 7.4% of all legal billing in 2021, up from 4.3% a year earlier

Guide to living and working as a lawyer in Australia

Everything you need to know about relocating Down Under by Alison Barrett of Nicholas Scott Global Legal Recruitment

The demise of Roe v Wade ? an analysis of the critical group health plan issues for employers

Dobbs poses numerous questions for employers wanting to offer abortion benefits to employees working in anti-abortion states, writes Luke Bailey

Hogan Lovells creates new global leadership roles for growth and sectors

Phoebe Wilkinson and Patrick Ayad are named managing partners for growth and sectors respectively

BT announces multi-year expanded partnership with managed legal services provider Factor

Agreement includes increased deployment of ?empowered negotiators? with remit to take on more complex work

Blue Mario ? copyright in gaming and esports

Anti-Counterfeiting: engaging with law enforcement

Eaton promotes new CLO from within as former head departs for Intel

Taras Szmagala takes top legal job after 15 years at the American-Irish power management giant

More than a dozen Am Law 100 firms commit to covering travel for out-of-state abortion care

Some 76 Am Law 100 firms have offices in states that have banned or restricted abortions, Above The Law research shows

BCLP secures real estate and insolvency partner quartet in Frankfurt from DLA Piper

German practice grows to 60 lawyers as firm targets further expansion in key market Germany

Morrison Foerster elects San Francisco M&A partner as new chair

Eric Takeshi McCrath will be the firm?s first ethnically diverse chair when he replaces Larren Nashelsky in October

Morgan Lewis expands in Seattle with arrival of 14 litigators from Calfo Eakes

New office will be co-led by prominent trial lawyers Patty Eakes and Angelo Calfo

Open Source Intelligence and brand protection: application and best practices

UK law societies' Brussels office to close in response to Brexit

Move blamed on falling workload now UK has third country status with EU

Women in law don?t see pay equality happening in their working lives, UK study finds

Almost two-thirds of women say senior management at their firms aren?t prioritising gender pay

New York dominates as Debevoise & Plimpton promotes eight to partnership

Women account for 38% of the promotions, just under the firm?s 40% long-term average

Quinn Emanuel files $80bn damages claim for Ukraine over Russian invasion

US disputes specialist teams up with Ukrainian firm and UK barristers to launch Strasbourg proceedings

Star appellate attorneys quit Kirkland after Supreme Court gun victory

Duo to form boutique following Chicago giant?s decision to drop Second Amendment cases

Latham & Watkins hires WilmerHale?s former international arbitration head in New York

John Pierce will co-chair Latham?s international arbitration practice alongside Fernando Mantilla-Serrano

Ashurst to open in Texas as it targets US projects work

Third US office sets out to tap market opportunities fuelled by investment in infrastructure

US push helps Kennedys post 8% revenue rise

Global turnover hits £286m for FY2021/22, buoyed by 24% hike in North America

Eversheds Sutherland expands Central and Eastern Europe business with Bulgarian tie-up

Firm combines with four-parter Sofia-based outfit Tsvetkova Bebov & Partners

Crowell & Moring adds veteran disputes partner in Brussels from Allen & Overy

Werner Eyskens moves over as US firms continue run of partner laterals from UK rivals in Belgian capital

Sullivan & Cromwell, Freshfields advise on ?8.6bn Sitel and Majorel merger

Arendt & Medernach, Stibbe and Elvinger Hoss Prussen also advised on the deal

Gett head of legal joins London logistics startup as GC

Chris Fletcher?s hire follows Infinium Logistics launching £500m EV fleet charging real estate fund last month

Dentons hires DWF?s former Middle East finance and banking head as a partner

Umera Ali will split her time between the firm?s Dubai and Riyadh offices

UK litigation funders? war chests grow as class action interest mounts

Assets increased 11% to hit a record £2.2bn last year, according to RPC study

Squire Patton Boggs launches UK ESG strategy, commits to net-zero carbon emissions by 2035

US firm also pledges to introduce full supplier audit and achieve 25% women partners by 2026

Herbert Smith Freehills secures trio of tax partners from ex-Australian ally as it switches to PwC

International firm pledges to build 'leading tax offering' as bulk of associate firm Greenwoods joins Big Four giant

Ashurst, Arnold Bloch Leibler advise on Aussie crypto exchange merger

Crypto exchange Swyftx is combing with trading platform Superhero to create $1.5bn business

Paul Hastings? London arm scoops partner duo from CMS and Morgan Lewis

Los Angeles firm continues run of lateral hires as it targets London and New York growth

Hogan Lovells and Herbert Smith Freehills act in £5bn London real estate merger

All-share merger of Capco and Shaftesbury one of the largest public M&A deals to be announced this year

Stephenson Harwood boosts London litigation team with Latham hire

Dan Smith joins UK firm as a partner after more than a decade at US firm

Apple, Google GCs among LCLD members making public diversity pledges

Promises are part of the Leadership Council on Legal Diversity?s Leaders at the Front campaign

K&L Gates secures Brussels antitrust partner from Linklaters

Nikolaos Peristerakis is the third Brussels-based lawyer Linklaters has lost to a US firm this year

Cleary Gottlieb hires HSF?s former German managing partner to boost corporate practice

M&A lawyer Nico Abel joins New York firm?s Frankfurt office

Why systems support is the way to a good night?s sleep

The need to maintain legaltech has an important regulatory angle, explain 3Kites? Paul Longhurst and Richard Kemp of Kemp IT Law

Holland & Knight adds veteran tax partner in Colombia as LatAm growth continues

Florida-based firm's focus on LatAm investment yields latest addition to network

Keating Chambers CEO to depart for risk consultants Kroll in London

Declan Redmond will take up an international business development role at the company

Fennemore agrees tie-up with 113-year old East Bay firm Wendel Rosen

Deal adds 56 lawyers to Fennemore?s roster, taking its total headcount to 250

Six Flags adds chief legal officer from Sabre six months after axing GC role

Aimee Williams-Ramey joins following 'strategic reorganisation' that saw GC Laura Doerre leave last December

Squire Patton Boggs adds two real estate partners in Paris

Estelle Vernejoul and Thomas Coëffé each join along with one associate from AVOCATALYSE and Taylor Wessing

Brown Rudnick elects tax partner as next chair and CEO

Vincent Guglielmotti takes over from William Baldiga as US firm's youngest ever leader

Herbert Smith Freehills? CEO appointed to ICC?s executive board  

Justin D'Agostino welcomes appointment at ?critical time for business, industries and economies?

Guide to lateral moves and partner hiring

Everything you need to know about making a lateral move or hiring a partner by Nick Robbins of Nicholas Scott Global Legal Recruitment

Corporate legal spend shifts more in-house, report finds

More than half of legal spend was in house compared to 49% last year according to survey of 400-plus legal departments

Complex EU data rules hindering data-driven business models, survey finds

Some 63% of GCs say data regulation is too confusing, according to Osborne Clarke and ECLA study

Wachtell and Hogan Lovells lead on $26bn deal for Prologis to buy Duke Realty

Alston & Bird and Fried Frank also secure roles as all-stock deal follows previous unsuccessful $24bn bid in May

Clifford Chance adds funds partner in Hong Kong from Kirkland & Ellis

Liyong Xing is the third partner to leave Kirkland in Hong Kong since the start of the year

WilmerHale hires former federal prosecutor Preet Bharara

The US attorney turned podcast star joins as a partner in the firm?s New York office

Shearman & Sterling looks to home for latest partner promotions round

US lawyers dominate 12-strong cohort following last year?s mainly international round

?A fantastic initiative? ? senior figures welcome launch of volunteering scheme for business ops teams

Fifth Day taps into employees? desire for sense of purpose by providing pro bono-style clearing house

Davis Wright Tremaine bolsters financial services offering with boutique tie-up

Merger with McGonigle sees Seattle firm double financial services headcount and add offices in Richmond and Chicago

Revenue jumps 19% at Osborne Clarke to ?407m as UK PEP nears £800k

Top 25 UK firm hands out 5% profit share to its UK employees along with performance bonuses of up to one quarter of base salary

Freshfields and Kirkland advise on Hong Kong's second SPAC listing

Vision Deal is the second SPAC to be listed on the HKSE since rules changed in January

Hong Kong International Arbitration Centre announces new leadership

CMS lawyer Mariel Dimsey is named new secretary-general as Sarah Grimmer steps down after six years

Freshfields promotes London disputes head to lead global practice

Sarah Parkes takes reins as UK firm looks to build in US and establish pioneering German mass claims unit

Fast-growing Canadian startup 1Password adds former top Shopify lawyer as first CLO

Erin Zipes? arrival follows Toronto-based company raising $620m earlier this year at a $6.8bn valuation

In-house counsel see total compensation jump by more than a fifth in 2021, study finds

Male GCs and senior counsel out-earned their female counterparts, according to BarkerGilmore

Eversheds Sutherlands expands Irish business with Kenny Solicitors tie-up

Kenny?s founder Graham Kenny will become a partner in Eversheds? disputes practice

Paul Hastings celebrates 'milestone' hire of Gibson Dunn's M&A co-chair in New York

Eduardo Gallardo is latest high-profile addition in Big Apple as headcount nears 400

Matheson hires Mason Hayes & Curran partner to lead EU competition and regulatory practice

Niall Collins moves over in Dublin as real estate partner Karen Sheil joins from William Fry

Brown Rudnick promotes Johnny Depp's lawyer to partner

Camille Vasquez regarded as key to landing $15m verdict in favour of Depp

RPC bolsters insurance ranks with partner hire in London from Mayer Brown

Mike Newham joins amidst rising insurance cases against banks and financial institutions

Founders Forum invests in fintech-focused virtual law startup Chronos Law

Chronos will be rebranded Founders Law as part of the deal

Goodwin raids Latham & Watkins for corporate partner trio in Santa Monica

New hires will sit in firm?s technology practice, following double private equity partner hire earlier this month

Guide to living and working as an offshore lawyer: Cayman Islands, BVI and Bermuda

Everything you need to know about relocating to an offshore jurisdiction

Morrison Foerster adds another West Coast partner from Perkins Coie

Life sciences specialist Matthew Ferry becomes the sixth partner to have moved over since the start of the year

Clifford Chance hires first-ever global 'head of wellbeing' from Aon in London

Charles Alberts will create and lead the firm's wellbeing strategy and consult on mental health and general staff welfare concerns

BCLP announces summer placement scheme for English and French law students

Programme is for students completing dual degree at Queen Mary University and Paris 1

Cybersecurity experts say law firms need to act more proactively on cyber risk

Threats such as ransomware attacks are getting more sophisticated, according to SecurityHQ

IBA launches major project examining lawyers' role as ethical gatekeepers

Project announced following ?sustained charges levied against the profession? relating to perceived greenwashing and facilitation of illicit financial activity

Allen & Overy and Linklaters eye US growth with lateral partner hires

A&O adds to corporate team in Silicon Valley as Links boosts employee offering in New York

Barnes & Thornburg hires healthcare compliance team from Bass Berry in DC

Arrivals include former Bass Berry DC managing partner John Kelly, who joins as chair of Barnes & Thornburg's healthcare department and industry practice

Undervalued lawyers more likely to suffer well-being issues, study finds

Almost half of those lawyers say they have been diagnosed with a mental health disorder

Nigel Boardman among legal heavyweights recognised in Queen?s Birthday Honours

Former Slaughter and May partner knighted alongside ex-Attorney General as lawyers from Hogan Lovells and Norton Rose Fulbright and Ince's brand ambassador also receive awards

Kirkland, Cooley advise on Bristol Myers Squibb?s acquisition of oncology specialist Turning Point

Deal is valued at $4.1bn and gives BMS access to Turning Point Therapeutics' pipeline of cancer drugs

Hogan Lovells? Moscow office spun out to create new independent firm

Level Legal Services launched this month alongside relocations and 'some' expected redundancies

Nigerian firm Aluko & Oyebode joins African legal alliance ALN

Deal expands ALN?s coverage to 16 jurisdictions and third in West Africa

Goodwin adds private equity heft in the US with partner hires from Kirkland and Gibson Dunn

Andrew Kimball and Andrew Cheng join in Washington DC and Santa Monica respectively

Sheppard Mullin names next Chicago managing partner ahead of office relocation

Liisa Thomas takes over for Larry Eppley, who leads the firm's hospitality industry team

Part-time partners included in largest promotions round to date at Australia?s Lander & Rogers

Seven made partner alongside 12 special counsel and 30 senior associates in response to ?strong firm growth?

Hogan Lovells names new head of Silicon Valley base ahead of Redwood City move

Jane Ross takes over from Chris Moore who was appointed in October

Norton Rose Fulbright boosts US West Coast projects team with MoFo partner hire

Renewable energy lawyer Elizabeth Sluder joins firm in Los Angeles

Ex-Singapore politician launches Dubai?s first regulated NFT investment company

Cedar White Bradley advised Calvin Cheng Web3 Holdings, which was set up under Dubai?s new digital assets law

RPC and Pallas Partners secure key arbitration hires in London

As RPC appoints London team head from Stephenson Harwood, Pallas builds on launch with first partner lateral

Former HSF global CEO Mark Rigotti departs legal practice for business leadership role

Rigotti to head up Australian Institute of Company Directors in wake of recent retirement from HSF's partnership

Linklaters and Clifford Chance eye US growth with lateral partner hires

Linklaters grows financial regulatory team in Washington while CC boosts its New York funds bench

NautaDutilh appoints new managing partners, creates inclusion partner role

Changing of guard comes after firm opted to stick with same management team through worst of pandemic

Ince bolsters Greek presence with seven new faces for Piraeus office from rival firms

Rise in volume of work sees new arrivals join shipping litigation and ship finance teams from firms including Hill Dickinson and WFW

Guide to working as an in-house lawyer

Everything you need to know about making an in-house career move

Herbert Smith Freehills named principal legal partner of Sydney WorldPride

The firm will provide the flagship LGBT+ event with legal advice and support

Skadden and Orrick advise on ECARX's $3.8bn SPAC merger with COVA Acquisition

Deal includes an additional $45m investment from Geely Holding Group, Luminar Technologies and Lotus Technology

Law firm mergers: the cultural iceberg below the surface

If people buy off people, then it?s the individuals mergers bring together that will ultimately make them a success or failure, writes Jeff Zindani

LawtechUK 'created a sense of urgency' around tech adoption in legal sector, impact assessment says

Programme includes a regulatory sandbox and an online dispute resolution platform offering SMEs a cheaper alternative to resolving late payment disputes

Herbert Smith Freehills opens construction and infrastructure hub in Malaysia

Partner Craig Shepherd will lead hub from firm?s existing Kuala Lumpur office

'An incomprehensible loss' - Skadden mourns death of M&A trailblazer Scott Simpson

Simpson, who passed away suddenly at 65, was one of Europe's most influential M&A lawyers

Former CNBC lawyer joins executive recruitment platform True as GC

Aisha Christian was earlier general counsel for Rent the Runway

Baker McKenzie turns to rising star to revamp Johannesburg leadership

Appointment follows last summer?s controversy over ?management issues? at office

Squire Patton Boggs makes third lateral partner hire in Paris this month

Maxime Dequesne's arrival from Lamartine follows that of partners from DLA Piper and Shearman & Sterling

Women dominate Corrs Chambers Westgarth's partner promotions round

Australian firm promotes eight partners, of whom six are female, as it continues on growth path

BLM salaried partners to become legal directors under Clyde & Co merger plans

Around 140 salaried partners face having to apply to regain partner status in 'disruptive and potentially unsettling' process

Kennedys doubles Indian tech office size as it eyes further headcount expansion

Kennedys Kognitive Computing in Kerala now has space to add up to 40 more employees

McDermott continues run of transactions partner hires with trio in New York and Atlanta

Partners join in New York from Kirkland & Ellis and Skadden as a former King & Spalding counsel comes aboard in Atlanta

Dublin readies for debut International Disputes Week in June

Inaugural forum will combine a one-and-a-half day conference with other law firm-hosted events

Dust settles on Dubai arbitration reforms as DIFC-LCIA?s Robert Stephen joins boutique

Registrar of superseded centre lands at Ghaffari Partners as international opinion remains divided over shake-up

Shakespeare Martineau expands into Southwest with Bristol merger

Tie-up with GL Law adds more than 60 professionals and takes turnover at parent company to more than £100m

Addleshaws to exit Hong Kong as DWF announces tie-up with local boutique

Just as one top 30 UK firm shifts main Asia focus to Singapore, its listed rival enters market

Corporate insolvency in England and Wales ? the state of the market

A recent increase in insolvencies represents a catch-up effect from the pandemic but there is still much vulnerability in the economy, writes Fladgate?s Jeremy Whiteson

Six London law firms back creation of new black British civil rights organisation

Magic Circle firms Allen & Overy, Clifford Chance, Freshfields and Slaughters among the six

Osborne Clarke helps Paris crypto-asset manager secure regulatory landmark

Arquant Capital becomes first digital asset manager to be authorised by top regulator

Dentons extends flexible working trial for UK, Ireland and Middle East offices

Firm launched You Choose last May to positive feedback from lawyers and staff

K&L Gates hires four renewables partners from Husch Blackwell as it launches in Kansas City

Three of the four will be based in the new Kansas City office, with the fourth joining in Austin

CMS appoints new managing partner for Kyiv office

Energy specialist takes helm as Ukrainian team looks to future and rebuilding phase

Dentons adds 17th Africa office with Tunisia tie-up

Latest instalment of firm's pan-Africa expansion follows deals in Mozambique and Nigeria last year

Skadden adds DLA Piper energy co-chair in Houston

Drew Baldinger also served as DLA Piper's M&A vice-chair

Fieldfisher names finance and corporate duo as co-managing partners for Netherlands

Marinus de Waal and Frans-Jozef Crousen take over from Marcel Willems in Amsterdam

Linklaters and Duane Morris advise on India's largest-ever IPO

Shardul Amarchand Mangaldas and Cyril Amarchand Mangaldas provide local law advice on LIC's $2.7bn listing

France's Mermoz Avocats doubles lawyer headcount following merger with local PE boutique

Combination with HPML sees Mermoz reach 50 fee earners - twice that of its January launch

To be, or not to be? compliant, that is the data retention question

3Kites? Paul Longhurst and Richard Kemp of Kemp IT Law on how law firms are adapting to GDPR

Osborne Clarke adds five-strong pensions team from BDB Pitmans

Team is led by partners David Hosford and Chris Netiatis as Pitmans exits pensions

Davis Polk?s Asia head withdraws from conference on Hong Kong security law

Agreement to participate ?did not reflect an endorsement? of topics, says veteran partner

Davis Polk draws fire for speaking at event to mark anniversary of Hong Kong's national security law

Wall Street firm 'denounced' over Asia chair's billing to speak at department of justice conference, Financial Times reports

Nine judiciaries launch global network to promote alternative dispute resolution

US, UK, Singapore, and Germany among those to sign up to Judicial Dispute Resolution Network

Freshfields adds another Cravath dealmaker in New York as it pushes US growth

Jenny Hochenberg follows Damian Zoubek?s arrival at the Magic Circle firm last September

Winston & Strawn and Kirkland & Ellis both target ?dynamic? Miami with new offices

Chicago firms take different routes south, Winston through lateral hires while Kirkland opts to relocate team

Willkie launches capital markets practice in Frankfurt with double partner hire from McDermott

Arrival of Simon Weiss and Joseph Marx brings US firm's lawyer headcount in Germany to 54

Listed UK law firm Knights expands again with £11.5m South East acquisition

Bolt on of Portsmouth-based Coffin Mew adds 102 fee earners and follows recent acquisitions in York and Sheffield

London-listed companies face rising class action threat, Thomson Reuters study finds

Class action lawsuits for FTSE 100 entities increased 10% last year to 170 cases

UK legaltech firm Legl raises $18m in Series B round backed by Octopus Ventures

Latest cash injection will help startup expand its product offering, hire new staff and tap new markets

Dentons expands in Dublin with triple partner hire

Addition of energy and projects and M&A lawyers follow global giant's launch in the city in 2020

Quinn Emanuel sets out plans for fifth German office in Berlin

Recruitment market and client proximity cited as key drivers for firm's first foray in eastern Germany

Picking up the pieces: claiming compensation in Ukraine

Taras Bezpalyy, head of criminal law at Ukrainian law firm Legal Alliance, considers how businesses can collect compensation for damage caused by an aggressor state

Multidisciplinary dispersed firm launches to target UK high-net-worth clients

Barrister and private banker join forces in venture with ?fully flexible? model

Paul Hastings lands high-profile infrastructure partner trio from Shearman & Sterling in New York

Hires follow arrival of 18-partner restructuring team from Stroock in March

Travers Smith promotes 11 to partner in largest round to date

Promotions reflect firm?s core focus areas of asset management, M&A and disputes and investigations

Germany's Hengeler Mueller names next co-managing partners

Real estate specialist Thomas Müller and M&A lawyer Bernd Wirbel set to take the reins in July

Ex-Dechert London partner leaked details of client investigation to press, judge rules

UK court finds in favour of former mining client ENRC after closely watched 47-day hearing

European law firm association Advant launches international secondment programme for associates

Initiative intended to offer junior lawyers ?exciting professional and personal development opportunities? in a competitive market

BASF announces global programme to boost diversity among its panel firm lawyers

Initiative follows similar scheme in North America that has seen a doubling of diverse relationship partners

DLA Piper, Roschier advise Philip Morris on $16bn cash offer for Swedish Match

Global firm fielded lawyers from more than 20 offices; Mannheimer Swartling and KANTER advise target

Comparative Guides:Anti-counterfeiting 2022

Anti-counterfeiting 2022 is a practical and comprehensive guide providing answers and insight into how businesses can protect their brands from counterfeiting and the grey market. Legal experts outline the relevant law and enforcement measures in key jurisdictions around the world while industry experts provide advice about cross-border management and engaging with relevant authorities. In addition, the book outlines anti-counterfeiting issues relating to e-sports and emerging techniques utilizing current open source intelligence.

Anti-counterfeiting 2022: Brazil

Intellectual property rights are widely protected in Brazil. Recognising the importance of ?creations of the human mind? the Brazilian Constitution treats intellectual property rights as a fundamental right, and therefore the rights of creators and innovators cannot be eliminated from the Federal Constitution.

As in most countries, in Brazil, intellectual property is divided into two branches: industrial property and copyright. There are two major laws that regulate industrial property rights and copyright, as well as a number of specific laws on related subjects. For the purposes of this handbook, the relevant national substantive legislation is the following:

  • Law no. 9.279/1996 ? Industrial Property Law.
  • Law no. 9.609/1998 ? Software Law.
  • Law no. 9.610/1998 ? Copyright Law.

Brazil is a member of the Paris Union for the Protection of Industrial Property, as well as the Berne Union for the Protection of Literary and Artistic Works and has also implemented the Trade-Related Aspects of Intellectual Property Rights. Hence, intellectual property holders can expect to find a well-structured legal framework for the protection of intellectual property rights in Brazil.

In order to guarantee exclusivity over intellectual creations and innovations, the laws provide for criminal and civil remedies, including provisional remedies intended to cease any counterfeiting immediately. Additionally, there are border enforcement measures and administrative procedures that can be utilized by intellectual property owners.

Even though there have been recent relevant changes to the Brazilian intellectual property legislation in view of the COVID-19 pandemic (for example, as to the patent term and the compulsory licensing of patents), the criminal prosecution and civil enforcement regimes have not been altered significantly over the past few years.

Brazilian legislation is constantly evolving, and there are many bills being discussed in Congress, but there are no imminent changes to current federal legislation that might have a major impact on the enforcement of intellectual property rights in the short term.

Anti-counterfeiting 2022: Canada

The following legal framework can assist in fighting counterfeits in Canada: 

  • Trademarks Act (RSC 1985, c T-13); 
  • Copyright Act (RSC 1985, c C-42, as amended); 
  • Criminal Code (RSC 1985, c C-46); 
  • Consumer Product Safety Act (RSC 2010, c 21); 
  • Consumer Packaging and Labelling Act ( RSC, 1985, c C-38); 
  • Competition Act (RSC, 1985, c. C-34.

Product counterfeiting typically involves a violation of trademark rights or copyright. The Combating Counterfeit Products Act ( S.C. 2014, c. 32) amended the Trademarks Act to expand the rights conferred by registration to include the right to preclude others from manufacturing, possessing, importing, exporting or attempting to export any goods, labels or packaging for the purpose of their sale or distribution if: 

  • they are identical or confusingly similar to a trademark registered for such goods; 
  • the owner of that registered trademark has not consented to have the goods, labels or packaging bear the trademark; and 
  • the sale or distribution of the goods would be contrary to the Trademarks Act.

Additionally, in 2019, significant changes were implemented to the Trademarks Act dealing with trademark eligibility, examination procedure, ratification of the implementation of the Madrid Protocol and alignment of Canada?s Trademark regime with that of the United States and European Union.

In addition to registered trademarks, common law rights can be acquired through use of the mark in association with goods and services in Canada. As goodwill attaches to the mark, rights owners are able to assert claims against others who use the mark by bringing an action for passing off. 

Anti-counterfeiting 2022: China

In China, brand owners have an arsenal of civil and criminal laws and regulations at their disposal, which provide various remedies to use in pursuit of efficient and effective anti-counterfeiting enforcement programs. For example, IP rights holders have the ability to initiate a civil litigation before the local Court in which they can seek, among other things, compensation, and injunctive relief. If an infringer?s behavior constitutes a crime, the local Public Security Bureau (PSB) may initiate a criminal action. In addition, IP rights holders have the ability to record their IP rights with Customs, file complaints with online e-commerce platforms, and file complaints with the local Administrative Authority (the AIC). Both Customs and AIC have the authority to seize goods and AIC may also levy fines and conduct raids. E-commerce platforms set their own rules as to how to enforce against counterfeiting violations. In some instances, the platforms have been known to cooperate with, and even proactively share evidence with, law enforcement and/or brand owners regarding potential counterfeit rings or manufacturing operations. 

The primary laws relating to IP in China are: 

  • Trademark Law; 
  • Copyright Law;
  • Patent Law; 
  • Administrative Punishment Law;
  • E-commence Law;
  • Anti-unfair Competition Law;
  • Civil Procedure Law; and
  • Criminal Procedure Law. 

Recently, China revised certain IP-related legislation, issued new guidelines concerning IP rights, as well as new trademark examination guidelines in 2021. Most notably, the trademark examination guidelines now explain the principles for assessing similarity between trademarks when considering an application for registration, including factors that are not inherent to the marks, such as their fame, the degree of attention paid by the public, and the subjective intent of the applicant (helpful in cases involving bad faith filings), among other factors.

In the next decade, it is likely that China will strengthen the protection of intellectual property, including by potentially implementing a stricter system of punitive damages for trademark infringement, intensifying the crackdown on malicious trademark registrations, accelerating the revision of the Patent Law, extending the protection period of design patents, and patent rights more generally. Also, it is anticipated that China will issue new e-commence laws to deal with the platform issues. 

Anti-counterfeiting 2022: Israel

The enforcement of IP rights and confronting the import and distribution of counterfeits is given great importance in IP laws and other legislation in Israel. The Israeli enforcement authorities provide rights owners with appropriate and efficient means for enforcing their IP rights. 

Israel is also a member of most major international treaties on Intellectual Property rights, including the Trade Related Aspects of Intellectual Property (TRIPS), which is the most relevant treaty to anti-counterfeiting. 

The laws governing anti-counterfeiting are:

  • Trademark Ordinance [New Version], 5732-1972. 
  • Copyright Law, 5768-2007.
  • Commercial Wrongs Law, 5759-1999.
  • Customs Ordinance [New Version].
  • Merchandise Marks Ordinance 1929, Amended. 
  • Consumer Protection Law, 5741-1981.
  • Unjust Enrichment Law, 5739-1979.
  • Design Law, 5777-2017(the former Patents and Designs Ordinance still governs designs filed before the new Law came into force).

A recent change to the legal framework in Israel is the legislation of the Design Law, 5777-2017, which took effect on 7 August 2018, and replaced the former Patents and Designs Ordinance (which still governs designs filed before the new Law came into force).

The importation and distribution of goods infringing a design registered in accordance with the new Law constitutes a criminal offence, whereas formerly, design infringement merely constituted a civil wrong. Furthermore, in accordance with the new Design Law, the Customs Authorities are authorized to detain goods suspected of infringing registered designs. 

Currently, there are no anticipated changes in the legislation in Israel.

Anti-counterfeiting 2022: Italy

Italian law provisions against IP infringement are quite effective. National law provides the statutory framework for the registration of IP rights, for the substantive rules applicable to registered and unregistered IP rights, for administrative actions before the Italian Patent and Trademark Office and for enforcement of the same (complemented by the relevant Code of Procedure), primarily under the Industrial Property Code (IP Code) (Law decree no. 30/2005) and Copyright Law (Law no. 633/1941 as modified).

National law provisions are aligned with and have been shaped by European legislation (among others, EC Directive no. 2004/48 and Directive no. 2436/2015) and by the International treaties to which Italy is a signatory.

The Criminal Code and the Code of criminal procedure are the main sources for criminal IP rights enforcement, while Border enforcement is primarily governed by EU Regulation No. 608/2013. 

Courts? decisions are not binding and thus are not a source of law in Italy. However, especially when issued by higher Courts, they may represent persuasive authority in future cases. 

As part of the Next Generation EU programme, issued by the EU in response to the Covid-19 Pandemic crisis, Italy presented the National Recovery and Resilience Plan (NRRP) that includes:

  • reform of the judicial system to reduce the length of proceedings, especially civil proceedings, and the significant backlog at the Courts; and
  • modifications to IP legislation to guarantee a more rigorous enforcement of rights, also with the aim of simplifying the assessment, storage, confiscation and destruction of counterfeit products. 

Anti-counterfeiting 2022: Mexico

The Mexican Constitution provides the basis for the framework of laws that exist in Mexico to protect innovation, creation, commerce and trade. The laws that are used to enforce intellectual property rights and anti-counterfeiting in Mexico are the Federal Law for Industrial Property Protection, the Federal Copyright Law, the Federal Criminal Code, the Federal Civil Code, the Federal Law of Administrative Procedure, the Federal Law of Contentious Administrative Procedure, Customs Law, the Federal Civil Procedure Law and the National Code of Criminal Proceedings, as well as a number of regulations.

In 2020, the United States?Mexico?Canada Agreement was implemented in Mexico. The Agreement features an important IP chapter which includes a series of international duties related to IP rights protection among the Parties. The Agreement?s implementation included the new Federal Law for Industrial Property Protection and relevant amendments to the Federal Copyright Law and the Federal Criminal Code.

Although not so recent, in June 2016 the Criminal Mexican system changed from inquisitorial to an accusatory system. However, we still see processes managed through the old rules (applicable rules of process are the ones in force at the time that the facts took place).

Finally, regulatory disposition applied to labelling also impacted IP in 2021.

New Regulations for the Federal Law of Industrial Property Protection must be issued by the Mexican Institute of Industrial Property for a proper implementation of the new Law.

Anti-counterfeiting 2022: The Netherlands

The applicable intellectual property laws and regulations are the basis for all enforcement actions taken by the owners of registered and unregistered IP Rights. These laws/regulations also enable the Dutch governmental bodies to take appropriate actions against traders in counterfeit products. 

The laws and regulations relating to intellectual property rights in the Netherlands (partly EU law and partly national law) are listed below.

EU (European Union) law

At EU-level the following legislation is directly applicable (sorted by category) relating, directly or indirectly, to IP protection.

Intellectual property law:

  • Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union Trade Mark (EUTMR).
  • Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.
  • EU Council Regulation (EC) 2100/94 of 27 July 2004 on Community plant variety rights.
  • Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.
  • Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products.
  • Regulation (EC) no 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products. 
  • Protection of original topographies of semi-conductor products act (Wet bescherming oorspronkelijke topografieën van halfgeleiderprodukten).

Customs law:

  • Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003.
  • Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code.

National law

At national level the following legislation (sorted by category) relating, directly or indirectly, to the protection of intellectual property applies.

Intellectual property law:

  • Dutch Copyright Act (Auteurswet).
  • Benelux Convention on Intellectual Property (trademarks and designs) (Benelux-Verdrag inzake de Intellectuele Eigendom).
  • Trade name act (Handelsnaamwet).
  • Dutch patent act (Rijksoctrooiwet).
  • Neighboring rights act (Wet op de naburige rechten).
  • Seed and planting material act (Zaaizaad- en plantgoedwet).
  • Dutch Code on civil proceedings (Wetboek burgerlijke rechtsvordering) (in particular articles 1019a ? 1019i).

Customs law:

  • General customs act (Algemene douanewet).
  • General customs decree (Besluit van 5 juli 2008 houdende regels ter uitvoering van de Algemene douanewet, ?Algemeen douanebesluit?).

Criminal law: 

  • Criminal Code (article 337).
  • Economic Offenses Act (Wet op de economische delicten).

Tax law:

  • Value Added Tax Act (Wet op de omzetbelasting).

On 1 July 2021, in the European Union as well as in the Netherlands, the VAT rules on cross-border business-to-consumer (B2C) e-commerce activities changed, in order to overcome the barriers to cross-border online sales and address challenges arising from the VAT regimes for distance sales of goods and for the importation of small, low value consignments.

The main changes are that online sellers, including online marketplaces/platforms:

  • can register in one EU Member State and this will be valid for the declaration and payment of VAT on all distance sales of goods and cross-border supplies of services to customers within the EU; and
  • will benefit from less administrative burdens by registering with the new One Stop Shop (OSS) application.

Existing thresholds for distance sales of goods within the EU have been abolished and replaced by a new EU-wide threshold of EUR 10,000. Below this EUR 10,000 threshold, the supplies of TBE (telecommunications, broadcasting and electronic) services and distance sales of goods within the EU may remain subject to VAT in the Member State where the taxable person is established. 

Special provisions have been introduced whereby online marketplaces/platforms facilitating supplies of goods are deemed for VAT purposes to have received and supplied the goods themselves (?deemed supplier?) and new record keeping requirements have been introduced for online marketplaces/platforms facilitating supplies of goods and services, including where such online marketplaces/platform are not deemed a supplier. 

The VAT exemption at importation of small consignments of a value up to EUR 22 has been removed. As a consequence all goods imported in the EU will now be subject to VAT.

A scheme for distance sales of low goods imported from third territories or third countries has been created. The Import One Stop Shop (IOSS) has been created to simplify the declaration and payment of VAT (see

Currently there are no anticipated changes to the current legislation in the Netherlands.

Anti-counterfeiting 2022: Spain

The relevant intellectual property laws and regulations which assist in protecting and enforcing intellectual property rights and anti-counterfeiting measures in Spain are:

  • Intellectual Property Law (1/1996).
  • Trademarks Law (17/2001) (TM Act).
  • Industrial Designs Law (20/2003).
  • Patents Law (24/2015).

There have not been any recent developments, but it is worth mentioning that, pursuant to the TM Directive (see Section 1. Criminal Prosecution & Civil Enforcement: Civil enforcement), a recent amendment of the national TM Act has granted the Spanish Patent and Trademark Office (SPTO) jurisdiction over revocation and invalidity proceedings of Spanish trademarks. Such amendment will enter into force on 14 January 2023. As from that date, all invalidity and revocation proceedings will have to be brought before the SPTO, but the National Courts will retain jurisdiction over invalidity and revocation actions exercised as counterclaims in infringement proceedings or directly accumulated in conjunction with an infringement trademarks or design action.

Anti-counterfeiting 2022: Ukraine

In Ukraine, no laws or regulations deal specifically with counterfeiting. This type of infringement is dealt with under the Trademark Law. The relevant civil and criminal laws contain blanket provisions referring to the Trademark Law, particularly the definition of ?use of a trademark?.

Provisions on remedies against counterfeiters are set out in:

  • the Civil Code;
  • the Commercial Code;
  • the Criminal Code;
  • the Code on Administrative Infringements; and
  • the Customs Code.

The relevant procedures are set out in:

  • the Civil Procedure Code;
  • the Commercial Procedure Code;
  • the Criminal Procedure Code; and
  • the Code on Administrative Jurisdiction.

Current legislation makes it possible to protect the interests of intellectual property rights holders from fraudsters who manufacture and sell counterfeit goods under the trademarks of well-known companies.

In our opinion, the only effective mechanism for influencing the counterfeit market is to create conditions under which the manufacture and sale of counterfeit products will become unattractive and unprofitable, by:

  • application of stronger sanctions to producers and sellers of counterfeit goods;
  • setting up effective work of law enforcement agencies in this area in close cooperation with right holders; and
  • conducting awareness-raising campaigns that highlight this problem and ways to solve it.

Anti-counterfeiting 2022: United Arab Emirates

The United Arab Emirates consists of seven emirates which are Abu Dhabi (the Capital), Dubai, Ras Al Khaimah, Sharjah, Fujairah, Ajman and Umm Al Quwain, which are all part of the Federal Constitution. This constitution prescribes the relationship between the federation and each emirate, and sets out the legal framework. Federal Laws and regulations apply to all of the emirates whereas local laws and regulations are specific to each emirate and only concerns matters where the Federal Law is silent. 

The UAE operates under a civil law system. The legislation is formed by codified statutes and their implementing regulations. The judiciary?s role in a civil law system is to establish the facts and apply the relevant legislation on a case by case basis, as the judgments of higher courts are not binding on lower courts. The court system does not permit the use of juries however, court sworn experts are often appointed to provide their opinion to the judge, especially in cases of a specialized subject matter. All proceedings before local courts, except special courts Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM), are conducted in Arabic and all proceedings are generally conducted by a series of written memos with little oral advocacy involved.

For counterfeiting, the federal legislation stipulates criminal, civil and administrative liability. The core provisions are in many legislations, such as:

  • Federal Decree Law Number 36 of 2021 on Trademarks.
  • Federal Decree Law Number 38 of 2021 on Copyrights and Neighbouring Rights.
  • Federal Decree Law Number 34 of 2021 on combatting Cybercrimes.
  • Federal Decree Law Number 43 of 2021 concerning Goods Subject to the Prohibition of Proliferation.
  • Federal Law Number 19 of 2016 on Combatting Commercial Fraud.
  • Federal Law Number 24 of 2006 concerning Consumer Protection.
  • Federal Law Number 18 of 1993 concerning the Commercial Transactions Law.
  • The Unified Customs Law (Regulation) for the Arab States of the Gulf Cooperation Council of 2003.
  • Federal Law No. (3) of 1987 Promulgating the Penal Code.

The UAE is also party to many international treaties that relate to intellectual property such as the Berne Convention, the Paris Convention, the Rome Convention, the WIPO Copyright Treaty, Patent Cooperation Treaty, the TRIPS agreement and the Madrid agreement and protocol. 

Anti-counterfeiting 2022: United Kingdom

The UK?s legislative framework is well-equipped to address counterfeits in the UK. However, public resources can be stretched, particularly following the Covid-19 pandemic. Therefore, much responsibility rests with rights holders to act for themselves. However, the UK Government has just announced an ambitious 5-year plan to tackle IP crime (see Section 4: Additional Information), which is positive, and promising, news for rights holders. 

Anti-counterfeiting 2022: United States

The U.S. has a wide range of federal and state laws and regulations available to IP owners. The Lanham Act, 15 U.S.C. §§ 1051 et seq., was enacted in 1946, and today defines U.S. federal trademark protection and registration rules, among other things. Unlike patents and copyrights, which are governed exclusively by federal law (although invoked by IP rights holders less frequently), individual states have also passed their own laws and regulations pertaining to trademark protection and registration. The Lanham Act provides IP owners with a wide array of enforcement claims to pursue, namely:

  • trademark infringement; 
  • counterfeiting;
  • federal unfair competition (including false advertising and false association); 
  • dilution; and 
  • cybersquatting. 

While there have been considerable changes to the Lanham Act aimed at bolstering trademark owners? rights and enforcement mechanisms, the most recent changes came with the Trademark Modernization Act of 2020 (TMA), which went into effect on December 18, 2021. The TMA gave U.S. federal trademark applicants and registrants new tools to clear the federal register of unused trademarks, reduce the number of fraudulent trademark registrations, and notably for this treatise, codified the evidentiary burden for injunctive relief in trademark infringement and counterfeiting claims to allow for a rebuttable presumption of irreparable harm upon a showing of infringement or likelihood of success on the merits.

Additionally, early in 2022, the U.S. House of Representatives passed the America COMPETES Act of 2022 (ACA), a bill containing a version of the SHOP SAFE Act of 2021 (SSA), which would amend the Lanham Act to expressly establish contributory trademark infringement liability for e-commerce platforms for sales of counterfeit products that pose a risk to consumer health and safety unless the platforms implement certain best practices, such as:

  • verifying (through government ID or other reliable documentation) the identity, principal place of business and contact information of the third-party sellers on the platforms; 
  • conspicuously displaying the verified place of business, contact information, and identity of third-party sellers, as well as the country of origin and manufacture of the goods, and the location from which the goods will be shipped;
  • terminating accounts of third-party sellers who have offered or advertised counterfeit goods on more than three occasions;
  • requiring sellers to contractually agree not to sell or promote counterfeit goods; and
  • requiring sellers to contractually consent to the jurisdiction of United States courts with respect to claims related to the sellers? participation on the platform. 

The ACA also contains The INFORM bill, which would similarly require platforms to collect identifying information like government ID and tax ID from "high-volume" third parties that sell on their platforms, defined as those who make more than 200 sales amounting to $5,000 or more in a year. While the INFORM Act and SSA have similar requirements, the purpose is slightly different, with INFORM focused on promoting product safety for consumers and the SSA focused on thwarting the distribution of counterfeits on the platforms. Neither Act would create criminal penalties, but would impose civil ones.   

These further amendments to the Lanham Act, if enacted, will potentially make platforms contributorily liable and increase obligations to vet their sellers more substantially, which hopefully will curtail online counterfeiting to some degree. Moreover, requiring foreign sellers from countries that are known for substantial counterfeiting activities, such as China, to submit to the jurisdiction of U.S. courts, could deter them from engaging in unlawful conduct, give trademark owners better recourse and provide a more efficient means of service of process (potentially e-mail, messaging and publication) rather than the lengthy and costly requirements of the Hague Convention.    

Anti-counterfeiting 2022: Uruguay

Uruguay is a stable country in terms of legislation protecting intellectual property rights and combatting counterfeits. The National Constitution provides that ?intellectual work, copyrights, and the inventor?s or artist?s work? shall be recognized and protected by law?. 

Regarding trademark protection, Law No. 17.011, (Trademark Law) confers to the owner of a registered trademark the right of ownership and exclusive use thereof, and the possibility of preventing - before the competent authorities - unauthorized third parties from using ?(...) an unregistered trademark, identical or similar to their own?. Chapter XIV of said law, entitled ?Civil and Criminal Actions?, provides in articles 81 to 83, the criminal conducts defined by the legislator, and the corresponding punishment foreseen for those who commit such acts. 

Among the latest amendments introduced is the one made by the Law No. 19355, Article 84, that introduces two important innovations: firstly, the admissibility of expert opinions as technical expertise; and, secondly, the possibility for the judge to order the destruction or donation before the sentence.

Comparative Guides:Luxury Law 2022

Luxury Law 2022 is a comprehensive guide providing answers and insight into how luxury businesses can protect their brands in a range of jurisdictions. Written by experts, topics include the protection of intellectual property using trademark, copyright or design, privacy, product placement and the protection of corporate image and reputation.

Luxury Law 2022: Belgium

Luxury Law 2022: Brazil

Luxury Law 2022: China

Luxury Law 2022: Cyprus

Luxury Law 2022: Czechia

Luxury Law 2022: France

Luxury Law 2022: Germany

Luxury Law 2022: India

Luxury Law 2022: Italy

Luxury Law 2022: Japan

Luxury Law 2022: Netherlands

Luxury Law 2022: South Korea

Luxury Law 2022: Spain

Luxury Law 2022: Taiwan

Luxury Law 2022: Turkey

Luxury Law 2022: United Kingdom

Luxury Law 2022: United States

Comparative Guides:Fashion Law 2021

Fashion Law 2021 is a comparative guide providing answers and insight into the law around the business of fashion in 18 jurisdictions around the world. Our experts provide guidance on areas such as the effective legal protection of brands, the rules around e-commerce and marketing as well as how to navigate sustainability guidelines.

Fashion Law 2021: Australia

The Australian Fashion and Textile Industry includes design, textile, manufacturing, retailing, marketing, events, and education activities. It is a valuable contributor to the Australian economy and it is also an important contributor to Australia?s creative and cultural fabric. In 2021, according to a report released by the Australian Fashion Council, the Australian fashion industry contributed more than $27 billion to Australia?s economy. The Industry employs more than 489,000 people, 77% of whom are women.

Fashion Law 2021: Brazil

The Brazilian fashion industry generates around 1.5 million of jobs and has the fifth largest textile industry in the world. In 2019, the fashion industry had a turnover of R$185.7 billion (, becoming a promising sector with new technology and sustainable developments. Notably, the fashion luxury market is growing due to an increasing number of Brazilian millionaires, which in 2010, according to Capgemini, was 86,000 (

In Brazil, ?iconization? of brands is a characteristic of the new fashion era. Trademarks are still at the center of the market interest. Trademarks in fashion are a way of communication, a way of free speech and status. Brazil has a continental dimension. Many cultural, artistic, and folkloric aspects are reflected in fashion and accessories.

However, many legal and social challenges in the productive chain are still faced in our country, such as the informality of workers, the distribution chains, or tax aspects. On the other hand, it is undeniable that the Brazilian creativity and strong exotic culture may contribute to placing Brazil first among worldwide brands (Natura is an example of this importance). Brazil is a paramount leader in beach wear and denim sectors. Designers such as Alexandre Herchcovitch or Alexandre Birman are examples of contemporary influence associated with Brazilian culture in fashion.

Fashion law in Brazil is interdisciplinary and transversal, touching many areas of the law, not only intellectual property or trademarks. Often consumer, labor, contractual, tax, corporate, advertising and even environmental law are involved.  

Fashion Law 2021: China

“China” in this chapter refers to Mainland China and does not include Hong Kong SAR, Macau SAR and Taiwan.

China is now a major contributor to the world fashion industry. China has transformed from an inexpensive manufacturer into a place where every area of the fashion industry is represented. Malls in any city of substance have outlets for almost every major fashion brand in the world. This is only part of the story, however. China is now an important source of the resources that support the fashion industry: models, fabrics, design, machinery and equipment and logistical support. 

In 2020 the total revenue from textile and clothes production was approximately US$210 billion; for textiles exported from China it was approximately US$153.8 billion; and for clothes exported from China, approximately US$137.4 billion. (Figures from The White Book on Intellectual Property Protection in China’s Clothing Industry, published on April 25, 2021 by Beijing Intellectual Property Judicial Protection Association in Beijing, China.)

Fashion Law 2021: Finland

The turnover of the Finnish textile and clothing industry was EUR 3.95 billion in 2020, and the industry employed 18,000 people in a total of 3,180 companies. The export of textiles and fashion goods out of Finland totalled EUR 648 million.

Finland has a strong track record of technical innovations, and Finnish textile innovators are ambitiously seeking to solve global climate challenges. One example of the Finnish textile industry?s carbon handprint (a measure of beneficial greenhouse gas impacts) is the production of recycled and cellulose-based textile fibres in Finland and the export of the related expertise.

Finns are known for favouring domestic brands, and consumer interest in sustainable business is clearly on the rise. Beloved consumer brands range from classics, such as Marimekko and Andiata, to newer arrivals, such as Makia.

Fashion Law 2021: France

In France, fashion remains the sector the most affected by counterfeiting activity, increasingly online. Further, its capital city Paris is known all around the world as the capital of fashion. Therefore, French law is quite protective and enforces the IP rights of the fashion industry using diverse and specific tools.

Fashion Law 2021: Germany

Several years ago, Oprah Winfrey asked the internationally famous fashion designer Ralph Lauren how he manages to re-invent himself in these short terms of fashion seasons. He answered bluntly: "You copy … Forty-five years of copying, that’s why I’m here." (Farkas, Nachahmungsschutz und Schutzrechtskumulation am Beispiel von Modekreationen, Baden-Baden 2016, p. 23.)

So, it seems that copying is the way to be successful in fashion industry. However, that does not mean that fashion designers copy their competitors but instead may return to old designs and styles, sometimes from several centuries ago. If this is the case, these old designs are no longer protected (if they were at all). However, in many cases designers go back only a few fashion seasons. This is the reason why Intellectual Property Rights are important to safeguard fashion designers' interests.

Fashion Law 2021: Greece

Creativity has always formed an integral part of the Greek culture and tradition. One need only to consider the events that have taken place in Greek historical monuments and cultural heritage sites (such as the recent Dior fashion show held at the iconic Panathenaic Stadium (Kallimarmaro) in June 2021) to understand the great influence that Greek culture has on the fashion industry at a global level.

The turnover of the Greek fashion industry was EUR 3.2 billion in 2020 (significantly lower than the average EUR 4 billion ? due to the global Covid 19 pandemic), with textile and clothing representing EUR 2.6 billion, footwear EUR 685 million and sportswear EUR 658 million.

Alongside iconic domestic brands such as Zeus & Dione, Vassilis Zoulias, Ancient Greek Sandals, Mary Katrantzou, Sophia Kokosalaki, Dimitris Dassios, Yiorgos Eleftheriades and Celia Kritharioti, there is a considerable number of emerging Greek designers dedicated to sustainable, ethical fashion, using environmentally and socially friendly manufacturing techniques and materials.

Fashion Law 2021: Hong Kong

Hong Kong has long been one of the top markets for fashion goods. In recent years, the fashion industry in Hong Kong has been hit hard by social unrest and the COVID-19 outbreak. In the first three quarters in 2020, the number of tourists dropped by over 90% according to the World Tourism Organization (UNWTO). On the other hand, the value of clothing export from Hong Kong fell by 34% to US$8.24 billion due to regional competition, according to the Hong Kong Trade Development Council (HKTDC) research. However, with its duty-free policy and robust IP protection regime, Hong Kong has proven to be a resilient market and has shown signs of recovery as the city starts embracing the paradigm shift to e-commerce.

Fashion Law 2021: India

Rapid growth in the global economy has placed a premium on innovation and Intellectual Property rights. There is no denying that Intellectual Property rights have served as a catalyst spurring innovation and accelerating growth. India has transitioned from a process-patent oriented system to a product-patent system using The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as an opportunity to amend its laws and the TRIPS-compulsions as an opportunity to make giant strides in this well-known but unexplained terrain.

After Pharma, a crucial sphere of IP rights in India is the fashion industry. Although IPR attempts to tackle the emerging issues of fashion law, it will nonetheless always remain an unfinished chapter in view of the ever-expanding horizons of law.

Fashion Law 2021: Ireland

The Irish fashion market is a mixture of foreign-owned high street stores and independent Irish designers. Many international designers, such as Louise Kennedy, Paul Costello, Simone Rocha, Peter O'Brien, and Philip Treacy are originally from Ireland.

Fashion Law 2021: Israel

During the last few decades, local manufacturing of fashion goods in Israel has decreased significantly, partly due to rising production costs. Simultaneously, Israeli consumers' preference for international fast-fashion brands is growing and the sales are increasingly shifting to e-commerce. At the same time, Israeli designers have been making a name for themselves internationally (for example a few years ago, a quarter of all wedding dress designers in NYC Bridal Fashion Week were Israelis).

Fashion Law 2021: Italy

The fashion industry in Italy generates over 80 billion Euro (8.5% of the manufacturing industry) and employs almost 500,000 people (12.5% of the workforce). In the period from 2019 to 2021 the fashion industry saw a steady and considerable growth, reporting an 8% increase in 2021, doubling the estimate based on previous years. Aside from the most notable high-end luxury brands, small and medium enterprises (SMEs) still constitute the majority of the operators in the field.

Fashion Law 2021: Singapore

Singapore has a highly educated, tech-savvy, and digitally connected population, which has resulted in a boom in online fashion shopping. Singaporean shoppers have high expectations of the online shopping experience and an increasing number have also begun prioritising personal alignment with brand values such as sustainability and diversity.

The fashion industry is characterised by speed, transience, and obsolescence. Technological advancements have facilitated easy copying and counterfeiting, necessitating robust intellectual property protection and enforcement strategies.

This chapter introduces Singapore’s strong and reliable intellectual property regime. Singapore is well positioned in its move towards becoming a global intellectual property hub in Asia, and provides a conducive environment for intellectual property development, protection, and enforcement.

Fashion Law 2021: Spain

Nowadays, Spain is one of the most important countries in the fashion industry, having traditionally been at the forefront of fashion and elegance. Cristóbal Balenciaga, Pedro del Hierro, Amaya Arzuaga, Paco Rabanne, Custo Dalmau, Ágatha Ruiz de la Prada, Adolfo Domínguez, Modesto Lomba, Victorio & Lucchino and Roberto Verino: they are just some of the representatives of the fashion industry in Spain. In this context, Spain has found its place in the fashion industry thanks to companies, popular events and designers that have conquered the international market with impressive results and success. In this sense, Spain is synonymous with competitiveness, creativity and innovation and, therefore, intellectual property is a vital tool to protect fashion products in Spain.

Fashion Law 2021: Thailand

Thailand has many attributes that make it attractive to fashion industry professionals. With a history of silk production and a start-to-finish supply chain, the country plays an important part in the global fashion industry ((for more information, see the brochures on the "Textile Industry" page of the Thailand Board of Investment website).

In order to strengthen its reputation on the world stage, Thailand has been working hard to ensure that the intellectual property (IP) rights of participants in the fashion industry are protected. The Thai Trademark Act was amended most recently in 2016 and included increased protection for non-traditional trademarks, among other modernizations. Another milestone was achieved in 2017, when Thailand joined the Madrid Protocol. In the near future, amendments to both the Thai Copyright Act and Patent Act are expected. All of these changes demonstrate that the Thai government is dedicated to ensuring that IP owners have confidence in doing business in Thailand.

Fashion Law 2021: United Kingdom

As of 1 January 2021 the UK is no longer a member of the European Union. EU Regulations that were in force on 31 December 2020 were brought into English law and thus there may currently be little difference to the pre-Brexit situation. However, in the future, as EU Regulations and laws change, English law will not change but will create its own laws, thereby diverging away from European law. Hence the contents below are accurate as of 2021 but are liable to material change over the next few years.

Fashion Law 2021: United States

The US fashion industry is comprised of a chain of highly valued fashion designers, manufacturers, suppliers/vendors, marketers and retailers, producing a wealth of high-end, moderate and basic products sold around the world. While the industry has traditionally been based on seasons and trends, recent advances in technology has helped propel the industry to new creative fetes, making lawyers who can keep up, not only with changing trends, but constantly changing innovation, essential. The concept of fashion law in the US is not always straightforward or easy to protect: it requires creativity and incorporates various legal disciplines, including intellectual property, advertising and marketing, contract, corporate, commercial sales, real estate, employment and international trade and customs laws. A true expert in fashion law will have a deep understanding of the industry and these concepts, but more importantly must come prepared with novel and innovative ideas for protection.

Fashion Law 2021: Vietnam

The textile and garment industry is a vital part of Vietnam’s economy, and the country has emerged as one of the top textile producers and apparel exporters in the world. Although the industry was hit hard by the COVID-19 pandemic, government policy support and effective tools to protect IP rights in the fashion space are reasons for investors to be optimistic about the industry’s post-pandemic future in Vietnam.