McDermott International Legal Highlights


International Tax Disputes: A Ray of Hope from the Japanese Experience

There is an ever-increasing level of tension in the world of international taxation. An unfortunate deluge of aging, treaty-based mutual agreement procedures (MAP) and domestic resolution processes are being overwhelmed with international tax disputes, of a volume and complexity for which they are ill-equipped to achieve efficient resolution. The net effect for countries is likely to be the devotion of additional resources to tax base protection.

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The US Department of Justice Auto Parts Cartel Cases

The US Department of Justice Antitrust Division (Division) has been investigating price-fixing, bid-rigging and market allocation conspiracies in the auto parts market for the past several years. The Division first brought charges against Furukawa Electric Company, Ltd. in 2011. Furukawa plead guilty to the charges and agreed to pay US$200 million in criminal fines. Three Furukawa executives also plead guilty, and are now serving prison sentences ranging from 12 to 18 months.

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Working With US Customs & Border Protection to Protect Valuable Brands

Jennifer M. Mikulina

US Customs offers companies the ability to record trade mark registrations in an Intellectual Property Rights Search (IPRS) database that Customs officials access when they receive a suspicious shipment of goods at a US port of entry. US Customs reports that it seized US$1.2 billion worth of counterfeit goods in fiscal year 2014. Companies that export goods to the US without recording their registered trademarks with US Customs may be overlooking an important tool in the monitoring of the unauthorized use of the company’s valuable brands, and combating the importation of counterfeit goods into the United States

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The Unitary Patent and Unified Patent Court Slowly Take Shape in Europe

Dr. Boris Uphoff

There are two ways to obtain a patent in Europe. The first is to apply for a “national patent” at the patent office of any European State. A national patent is only valid for the territory of the relevant State. If you want protection in multiple States, it is necessary to apply for a national patent in each State individually. This is an inefficient method both in terms of time and cost.

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Patents/Extraterritorial Damages: The Availability of Patent Damages for Conduct Outside the United States

The US Court of Appeals for the Federal Circuit addressed a variety of damages issues in its opinion in Carnegie Mellon University v. Marvell Technology Group, et. al. Case No. 14-1492 (Fed. Cir., Aug. 4, 2015) (Taranto, J.). The Court provided significant guidance on the application of the extraterritoriality bar to patent damages.

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