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Third Party Claims against P&I Clubs and the “pay to be paid” Rule

The “pay to be paid” Rule is a fundamental component of Protection & Indemnity (hereinafter referred to as “P&I”) insurance policies, which requires a Club Member to discharge his liabilities to the injured third party before he can be indemnified by the P&I Club. If the Club Member cannot compensate the third party as a result of insolvency, the third party is denied full satisfaction

The exclusion from protection of functional shapes under the trade mark law of the EU

Article 4 of the Community Trade Mark Regulation (CTMR) defines signs of which a Community trade mark may consist in a very wide manner, expressly including the shape of goods or of their packaging. However, with regard to such shapes, the Regulation in its Article 7(1)(e) introduces a, in comparison with other signs, additional ground for refusal that has to be overcome when seeking registration.