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22/09/2022
CMS ad­vises Mutares on sale of Finnish Nor­dec Group
Mu­nich - DONGES STEEL­TEC GmbH, a port­fo­lio com­pany of the lis­ted private equity in­vest­ment com­pany Mutares SE & Co. KGaA, has signed a con­tract for the sale of the Finnish Nor­dec Group Oyj. The buy­er...
21/09/2022
Any way you see it: CJEU Ad­voc­ate Gen­er­al is­sues Opin­ion on parts of designs...
The Court of Justice of the European Uni­on (CJEU) Ad­voc­ate Gen­er­al Szpunar (AG) has de­livered his Opin­ion in a re­quest for a pre­lim­in­ary rul­ing by the Fed­er­al Pat­ent Court of Ger­many (Bundes­pat­ent­gericht)...
20/09/2022
Skin­teg­rated Cos­me­ceut­ic­als - is Pharma be­com­ing sexy (again?)
Case Study: Skin­tegra, Skin­teg­rity Cos­me­ceut­ic­als are sexy right now.  They’re less reg­u­lated than the phar­ma­ceut­ic­al in­dustry (al­though don’t let that fool you in­to be­liev­ing you can say whatever...
16/09/2022
CMS ad­vises in­ter­na­tion­al auto­mot­ive sup­pli­er Webasto on ac­quis­i­tion of...
Co­logne – Webasto Roof & Com­pon­ents SE, a glob­al auto­mot­ive sup­pli­er based in Stock­dorf near Mu­nich, has in­dir­ectly ac­quired all the shares in Car­lex Glass Lux­em­bourg S.A. by pur­chas­ing all the shares...
15/09/2022
Boom & Gloom? CMS European M&A Out­look 2023
We are pleased to share with you the 2023 edi­tion of the European M&A Out­look pub­lished by CMS in as­so­ci­ation with Mer­ger­mar­ket.
14/09/2022
CMS ad­vises Art-In­vest Real Es­tate on in­vest­ment by DTCP in main­cubes
Co­logne – Frank­furt-based data centre op­er­at­or main­cubes has gained Di­git­al Trans­form­a­tion Cap­it­al Part­ners (DTCP) as a new stra­tegic in­vestor with a fo­cus on di­git­al in­fra­struc­ture. DTCP made a sub­stan­tial...
14/09/2022
CMS ad­vises Ar­cadis on ac­quis­i­tion of Gift­ge Con­sult
Ber­lin – Ar­cadis, a lead­ing glob­al design & con­sultancy or­gan­iz­a­tion for nat­ur­al and built as­sets, has ac­quired all shares in Gift­ge Con­sult GmbH, a lead­ing con­sult­ing and en­gin­eer­ing com­pany for en­ergy...
14/09/2022
Wa­ter­Row­er is “ar­gu­ably” a work of artist­ic craft­man­ship
The In­tel­lec­tu­al Prop­erty En­ter­prise Court (IPEC) has ruled that there are “real pro­spects” of es­tab­lish­ing that a wa­ter res­ist­ance row­ing ma­chine is a work of artist­ic crafts­man­ship un­der the Copy­right...
13/09/2022
Open secrets? Guard­ing value in the in­tan­gible eco­nomy
Some leaks can’t be fixed “Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This, from the so-called Spycatch­er case (1987), ap­plies well to cor­por­ate as­sets: fail to store them cor­rectly and all you might have left is an ex­pens­ive mess.The con­sequences of even a minor ex­pos­ure of a trade secret can be huge. As this re­port re­veals, the pro­tec­tion of trade secrets is rightly re­cog­nised by most seni­or ex­ec­ut­ives as a pri­or­ity is­sue. But the re­search also re­veals gaps that leave com­pan­ies un­ne­ces­sar­ily ex­posed to risks. The top named threats – cy­ber­se­cur­ity at­tacks and em­ploy­ee leaks – res­on­ate with what we see im­pact­ing our cli­ents. In­creased home and re­mote work­ing is strain­ing se­cur­ity meas­ures and em­ploy­ee loy­alty. Ad­ded to this, an ‘in­nov­ate or die’ at­ti­tude in highly-com­pet­it­ive sec­tors can mo­tiv­ate new join­ers to ar­rive with ques­tion­able ma­ter­i­al from their pre­vi­ous em­ploy­er, or worse: out­right theft between com­pet­it­ors. But while it is easy to fo­cus on the lurk­ing threats from weakened cy­ber se­cur­ity and dis­gruntled em­ploy­ees – and they are im­port­ant – there are more routine ac­tions a com­pany can take to safe­guard its secrets than just up­dat­ing its IT sys­tems or the em­ploy­ee hand­book. Com­monly, those who most need our help already have a trade secrets policy but have not prop­erly im­ple­men­ted it in re­la­tion to the secret in ques­tion. Or the policy has not been up­dated to re­flect the in­tan­gible as­sets the busi­ness now owns. Or pro­tec­tion was taken for gran­ted.With trade secrets – which for many busi­nesses are stra­tegic­ally more im­port­ant than a pub­lic pat­ent port­fo­lio – it is al­ways cost­li­er and messi­er to find solu­tions after a theft or a leak. Identi­fy­ing the trade secrets and the threats posed to them, com­bined with rig­or­ous in­tern­al pro­cesses and well-draf­ted con­tracts, can help pre­vent such prob­lems from hap­pen­ing. Harder, but just as ne­ces­sary, is en­ga­ging hearts and minds in cor­por­ate cul­ture, to know why trade secrets are im­port­ant, why we are all are re­spons­ible for pro­tect­ing them, and what may hap­pen if we do not (to both the com­pany and the in­di­vidu­al). In our ex­per­i­ence, the busi­nesses with the strongest de­fences have not only thought stra­tegic­ally about their in­tan­gible as­sets and how best to pro­tect them but are also pre­pared for the worst. The trick to avoid­ing an as­set be­com­ing a crisis is to be wise be­fore the event.
13/09/2022
Pub­lic pro­cure­ment reg­u­la­tion in Ger­many
Oc­to­ber 2018 The pro­cure­ment dir­ect­ives 2014/23/EU, 2014/24/EU, and 2014/25/EU were trans­posed in­to Ger­man law on 18 April 2016. 1. Where can one find pub­lic pro­cure­ment no­ti­fic­a­tions for Ger­many? Be­sides...
13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
12/09/2022
Land­mark trans­ac­tion: CMS ad­vises Aquila Cap­it­al on the fin­an­cing for 2.6...
Ham­burg – Aquila Clean En­ergy EMEA, Aquila Cap­it­al’s clean en­ergy de­vel­op­ment plat­form in Europe, has fi­nal­ised a EUR 1 bil­lion con­struc­tion fa­cil­ity sup­por­ted by the In­vestEU pro­gramme. The be­spoke...