Europe: International Law

The Court of Justice of the European Union has ruled on whether political expression and parody can justify the unauthorized use of a reputed trademark, examining the balance between intellectual property rights and freedom of speech. The case arose from a Belgian political party's immigration campaign that adopted IKEA's branding without permission, prompting Inter IKEA to bring infringement proceedings.

The Paris Central Division has ruled that UPC actions can be filed for patent applications nearing grant, potentially invalidating opt-outs filed after proceedings commence. This decision raises critical questions about the timing of opt-out filings and the scope of UPC jurisdiction over pending applications.

A Cyprus Appellate Court has ruled that a Certificate of enforceability under Article 54 of EU Regulation 44/2001 confirms the issuing court's verification that the judgment falls within the regulation's scope. The court followed European Court precedent establishing that enforcement procedures preclude subsequent review by the addressed Member State's courts regarding whether the underlying action falls within the regulation's ambit.

European sanctions against Russia now extend to trademark filings at France's INPI, creating new compliance requirements and restrictions for intellectual property practitioners and businesses operating in affected jurisdictions. Understanding these regulatory changes is essential for managing trademark portfolios and ensuring compliance with evolving sanctions regimes.

Norwegian capital managers and their portfolio companies face new challenges as the EU's forced labor regulation comes into force in December 2027, potentially blocking market access for products containing components from high-risk countries like China. With the U.S. using forced labor as justification for punitive tariffs and China implementing counter-sanctions that restrict supply chain investigations, companies must urgently reassess their procurement strategies and compliance frameworks.

Norwegian telecommunications giant Telenor ASA faces criminal charges from authorities investigating suspected sanctions violations and human rights offenses related to its former Myanmar operations. The investigation centers on the company's transfer of customer traffic data and surveillance equipment to military authorities before divesting its Myanmar subsidiary in 2022.

Norwegian capital managers and their portfolio companies face new challenges as the EU's forced labor regulation comes into force in December 2027, potentially blocking market access for products containing components from high-risk countries like China. With the U.S. using forced labor as justification for punitive tariffs and China implementing counter-sanctions that restrict supply chain investigations, companies must urgently reassess their procurement strategies and compliance frameworks.

Cross-border lending in the mid-market presents unique challenges that require careful planning and attention to detail. What are the critical legal and structural considerations that lenders and borrowers must address early in the transaction process to ensure successful international financing arrangements?

As the EU's Markets in Crypto-Assets Regulation (MiCAR) becomes fully applicable on 1 July 2026, third-country crypto-asset service providers face critical decisions about market access. Article 61's 'reverse solicitation' exception offers a narrow pathway for serving EEA clients without authorisation, but ESMA's guidelines reveal strict conditions that may catch many providers off guard.