A need for greater understanding of civil law entities by common law jurisdictions

In the course of the last six months, the ratification by theSwiss parliament of The Hague Convention of 1 July 1985 on theLaw Applicable to Trusts and on their Recognition has generatedmuch attention. There has also     

German Supreme Court stands firm on liability for unjustified warning letters

In one of its very rare decisions, the Grand Senate of the GermanSupreme Court has ruled that intellectual property right ownersface damages claims if they issue warning letters in cases wherethere is no infringement and the claim has been brought at leastnegligently, thus putting an end to the tendency in some Germancourts—including the First Senate of the German SupremeCourt itself—to lessen the liability of senders of unjustifiedwarning letters.     

Employment discrimination: age discrimination and sexual harassment

This is the era of deregulation—and yet in U.S. labor markets, at least, the legal regulation of the employment relation has been expanding in recent decades. The laws have been stiffened and their enforcement, mainly through private lawsuits, has been beefed up. Currently the two most important areas, in terms of impact on employers, are age discrimination and sexual harassment, and these will be my focus.     

One on the nose for Bellure: French appellate court confirms that perfumes are copyright protected

The Cour d'appel de Paris has held that a fragrance could beprotected by copyright, as long as it fulfils the requirementof originality.     

Futile treatment: the need for legislation and uniform policies

As a matter of social policy, providers should place a top priority on educating colleagues and the public, including lawyers and the courts, so that there is genuine understanding that certain medical conditions, like anencephaly and brain death, cannot be ameliorated, changed, or improved through medical treatment even though the patient may continue to breathe with mechanical assistance for years. If health care professionals do not articulate and adhere to clear, universal standards of practice in this area, the courts will continue to define the duty of the medical profession, and, as Baby K illustrates, that is not acceptable.     

HIV testing: progress in Hungary, problems in Russia

Voluntary anonymous HIV testing is about to become the norm in Hungary. Mandatory HIV testing, however, is widespread in Russia, contrary to the federal law on HIV prevention.