Law

Definitive source for EU law soon to be online only

Currently only the paper edition of the EU Gazette has legal effect. Effective 1 July 2013, only the online version will be legally binding. This binding change was published on 14 March 2013 in the paper edition. As Council Directive No. 216/2013, the Official Gazette of the European Union announced its own paper-based end. Instead the electronic version on the EUR-Lex website will become binding this summer. It is available under http://eur-lex.europa.eu. Access to EUR-Lex is free of charge and no registration is required. The Publications Office of the European Unit is responsible for administration.

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Law

Relevant aspects of the new Law against Money Laundering

By Sergio Guerrero Rosas, Guerrero y Santana, S.C.

In October 2012, President Felipe Calderón of Mexico announced the Federal Law for the Prevention and Identification of Operations with Resources of Unlawful Origin, better known as the Law Against Money Laundering, in the Official Publication of the Federation. Despite the early decision in the President's administration to confront the criminality which had become the major threat to the peace and integrity of the state – and to do so with all its available resources, in its first years, the government's strategy to bring down and arrest dozens of drug trafficking capos failed to place the same level of importance on the finances of the cartels.

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Law

U.S. SEC Charges Indian Firms with Acting as Unregistered Broker-Dealers

By David Smyth and Christopher Poe, Brooks Pierce

On November 27, 2012, the U.S. Securities and Exchange Commission charged four Indian financial services firms with acting as unregistered broker-dealers in the United States. The firms were accused of providing brokerage services to institutional investors in the United States without registering with the SEC as required by Section 15(a) of the Securities Exchange Act of 1934 ("Exchange Act"). The SEC censured the firms, who paid a combined total of $1.8 million to settle the SEC's charges. These actions are part of a recent spate of activity for the SEC, which treats Section 15(a) seriously and enforces it to ensure that securities brokers satisfy professional standards, have adequate capital, treat their customers fairly and provide accurate disclosures to investors.

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Law

Patent Marking Under the America Invents Act - Virtual Marking

By Charles A. Gaglia, Jr., Gibbons

As practitioners know, U.S. patent law provides for the recovery of patent infringement damages for a period of time when an infringer has actual or constructive notice of the infringed patent. Actual notice is provided by way of letter or similar mechanism to the infringer after infringement has begun. Constructive notice can be provided by placing the patent number on the patented product. Such constructive notice provides notice to the infringer of the existence of a patent prior to actual notice, thereby extending the time period for recovering damages up to the date the infringement begins.

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Law

Patent Classification Harmonization

By John J. Cahill, Gibbons

The United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) jointly launched the Cooperative Patent Classification System (CPC) and released a finalized set of CPC definitions. The CPC is operational at both the EPO and USPTO. The USPTO and EPO developed the CPC with the collaborative aim of producing a common classification system for technical documents. The CPC brings the promise of transparent and harmonized global classification for patent documents.

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