As mentioned in our last Cannabis Update dated November 20, 2020, finally on January 12, 2021, Mexico issued the Regulations to the General Health Law regarding the Sanitary Control for the Production, Research and Medical Use of Cannabis and its derivatives (the “Regulations”). The General Health Law was amended in June 2017 precisely to regulate […]

Juan Daniel Rodriguez CardosoPartner, Rodríguez Rueda, S.C.

First a brief roll of thunder from the EP – now a surprising and sky clearing draft by the Commission. Updates on targeted advertising in the EU

The EU Digital Services Act is taking shape – with potential changes for the advertising industry. While voices from the European Parliament (“EP”) preferred a rather restrictive approach, the EU Commission, under the leadership of the responsible Commissioner Vestager, recently released a press release and the proposal for a “Regulation on a Single Market For […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

10 Q&A’s related to Medical Cannabis in Germany (in English)

In this article you can expect a market overview of the medical use of cannabis in Germany.In particular, we discuss the legal situation, licensing and regulatory questions, distribution and, most recently, future business areas. 1. Is medical cannabis legal in Germany? In 2017, the German legislator amended national narcotic laws and other related provisions legalizing […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

European Court of Justice: CBD is not a narcotic

On November 19, 2020 the Court of Justice of the European Union (C-663/18) issued a ruling on the question of whether a national ban on the marketing of cannabidiol (CBD) derived from the entire cannabis sativa plant and not only from its fibres and seeds is contrary to EU law. According to the now issued […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

Framing: Is embedding of copyrighted content on a website allowed?

The Opinion of Advocate General Maciej Szpunar at the CJEU on the issue of permissible embedding of digital media on Internet sites. “The heroes of George Lucas’ Star Wars film saga were able to travel through ‘hyperspace’ faster than the speed of light using a ‘hyperdrive’. In a similar fashion, internet users can ‘travel’ through […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

IR Global Member Bob Fishman Joins Cozen O’Connor

Bob Fishman, exclusive Bankruptcy Law and Cannabis Law member in Illinois and Delaware, has joined the Chicago office of Cozen O’Connor. Bob and seven of his colleagues join Cozen O’Connor from Fox Rothschild. Bob represents trustees, debtors, equity committees, secured and unsecured creditors, receivers and asset buyers, and litigants in various insolvency proceedings, including informal […]

Robert M. FishmanMember, Cozen O'Connor

Karlsruhe Higher Regional Court: Tap tags need to be labeled as advertising

Are tap tags simply a private service for followers or are they hidden surreptitious advertising after all? In the case dealing with the Instagram posts by fitness influencer Pamela Reif, Karlsruhe Higher Regional Court has now confirmed that product links on images must be labeled as advertising. Source: REUTERS / POOL – German courts […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

Margret Knitter LL.M. participates in the IR Global Jurisdictional Guide to Trademark & Copyright

FOREWORD BY EDITOR, ANDREW CHILVERS Intellectual property and the challenges of globalisation  When the US Supreme Court recently ruled that could trademark its domain name, the decision was a game changer for online businesses the world over. The court decided by an 8-1 ruling that adding a “.com” combination to a generic word is […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

Quality. Chocolate. Squared. … Registrable?

Author: Margret Knitter, LL.M. The German Federal Court of Justice decided that Ritter Sport may retain the trademark registration of its chocolate’s square packaging. Square resulted from the nature of the product itself? Ritter Sport had already obtained trademark protection for the packaging of its “Ritter Sport” and “Ritter Sport Mini” square chocolate bars without […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

Free samples of prescription medicines can’t be given to drugstores, ECJ rules. But leaves the door open for over-the-counter medications

Authors: Dr. Markus Brock, Lara Guyot Advertising pharmaceuticals is subject to a large number of restrictions, which is why companies often find themselves in hot water when marketing new products. On 11 June 2020, the European Court of Justice (ECJ) made a landmark decision on the issue of whether free samples of prescription medications can […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte