most interesting rulings

No income recognised on in-kind contribution to partnership

In-kind contribution of a sole proprietorship to a partnership does not constitute the sale of the business, and thus the partner is not deemed to have income on the transaction.

Beware: not every infringement of a renowned brand is actionable

The court may refuse to find unfair competition even if the grounds are met, if the facts in the case show that the holder of a renowned trademark did not take action against infringements for an extended time.

When is income on currency options recognised?

In the case of “virtual” currency forward contracts income is deemed to arise upon receipt of payment.

Price regulation on a competitive gas market

Setting rates for energy companies is not inconsistent with achieving competition on the energy market, but not all price interventions by regulators are legally permissible.

Better to file petition to enforce claim before the debtor is declared bankrupt

Sometimes creditors put off commencing an action to enforce a claim when it could worsen the debtor’s financial position. As a result, they must wait until the bankruptcy proceeding is over before filing suit.

Not every use of a trademark is sufficient to maintain registration rights

Placing a trademark on items given free-of-charge to customers does not constitute “genuine use” of a trademark required to maintain the registration.