In Interflora, the ECJ confirmed its strict interpretation of article 5 (2) of the EU Trademark Directive, according to which the sole use of trademark in keyword advertising does not per se constitute an infringement of trademark with a reputation but rather required the trademark owner to show that the purpose of this use by the competitor is likely to be considered as free riding, dilution or tarnishement.

Various amendments to the Capital Gains Tax (CGT) laws in France were adopted by the French Assemblée Nationale on September 7, 2011 and October 12, 2011.

A group of attorneys practicing in France and specialized in securities law, have created the “Securities Lawyers Association / Avocats en Droit Boursier (ADB)”. Fabrice Demarigny and Christophe Clerc, lawyers at Marccus Partners, are among the member participants.

On November 11, 2010 the European Parliament voted the Directive on Alternative Investment Fund Managers (AIFM) which is to be enacted within two years by the Member States.

In the aftermath of the recent disarray of the real estate markets and notably some resounding fund closures, Germany passed, on February 11^th, 2011 the Act on Strengthening Investor Protection and Improving the Functionality of the Capital Market.

Marccus Partners advised Nordmilch AG (Bremen) on its merger with Humana Milchindustrie GmbH (Everswinkel). The two firms were the major dairy products groups in Germany and, as a result of transaction, now constitute the largest German dairy company, trading under the name of DMK Deutsches Milchkontor GmbH.

On 1 May 2011, Germany will open up its labour market fully to Czech workers and enterprises. However, certain important prerequisites remain to be fulfilled in the areas of employee leasing and secondment, non-compliance with which may have serious consequences.

Published in Plus, Magazin der Deutsch-Tschechischen Industrie- und Handelskammer, February 2011
(Article in German and Czech)

A new bill on banking and financial regulation was adopted by the French Parliament on October 11, 2010. It takes measures following the financial crisis and implements a series of provisions including EU regulations under French law with a view to strengthen the regulation of the financial system.

On October 20, 2010 the European Parliament adopted a series of amendments to the EU Late Payments Directive. These amendments will affect both suppliers and purchasers of goods and services in the public and private sectors.

The French Ministry of Economy and Finance released on August 24^th, 2010 four important guidelines dealing with the tax treatment of the following structures: Murabaha and Tawarruk (transaction in which the financing company acquires an asset and sells it later to the investor for a higher price), Sukuk (hybrid financing, whereby the remuneration and the capital depend on the return of an underlying asset owned by the issuer), Istina (financing of real estate construction) and Ijara (Lease purchase).

Emmanuel Gougé (42), partner and head of the IP/IT department of the international business law firm Marccus Partners has been appointed as President of the French group of the Licensing Executive Society (L.E.S. France).

Marccus Partners expertise has been recognized and compensated during the 11^th award ceremony of the “Trophées du Droit et de la Finance”, which took place November 29^th, 2011 at a gala awards dinner in Paris with the presence of more than 750 legal professionals.

The business law firm Marccus Partners is pleased to announce the arrival of Anne-Laure Fonade who joined the Paris office on 14^th November 2011 as a partner, heading its Real Estate Department.

Christophe Clerc (Managing Partner – Legal) and Yves Charles Zimmermann (Managing Partner – Tax) are strengthening their respective teams in Paris through the lateral hire of new partners.

The business law firm Marccus Partners is pleased to announce the arrival of Emmanuel Gougé who has joined the Paris office on June 1 as a partner to develop the IP/IT department within the group.

After establishing its presence in Europe, Marccus Partners continues to expand its global coverage by creating a network of law firms in Asia Pacific. The first step in the Asia Pacific region was done last year, in the summer, with the association of HHP Shanghai.

Marccus Partners is proud to announce its association with Mabel & Associates, Attorneys at Law, an Indonesian law firm in Jakarta that has established itself as a provider of legal and advisory services to many corporations and individuals throughout Indonesia."

The Spanish Marccus Partners’ / Mazars’ team was recently reinforced by José Alberto Rodríguez Llorente, a lawyer specialized in labour law who joins the team as the new Director of the Labour Law department.

Marccus Partners has reorganised its management team in France.
In order to meet the challenges of its sustained growth rate – the firm has doubled its turnover and number of French lawyers in three years – the Management Committee has been expanded to comprise six members, each of whom is in charge of specific areas.

Mazars and its law firm Marccus Partners have the pleasure of informing you of the presence of their International Real Estate Team at the MIPIM 2011, Premier Global Real Estate Summit, in Cannes.

Marccus Partners is pleased to announce the arrival of Yves-Charles Zimmermann at its Paris office on 3 January 2011 as new international partner and head of the French tax department within the Mazars group.