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  • Brands and IP newsnotes - issue 7

    23 April 2018

    Welcome to the 7th edition of our Brands & IP newsnotes put together to bring you the latest, and most interesting legal developments affecting intellectual property law. In this issue we cover; Nando’s taking legal action against ‘copycat’ restaurant, Fernando’s, Sky v SkyKick referred to CJEU, Brexit & IP, IP & trading names, luxury brand owners rights to prohibit reselling of their products through some internet platforms and Time’s up for Smartwatch appeal.

  • Brexit means BrexIP? (Brands & IP Newsnotes - issue 7)

    23 April 2018

    Struggling to keep up with Brexit? IP Newsnotes brings you the latest on the negotiations as they impact IP.

  • Time’s up for Smartwatch appeal (Brands & IP Newsnotes - issue 7)

    23 April 2018

    The CJEU has dismissed an appeal against a decision not to invalidate a smartwatch design held by Nike, ruling that “pioneering” designs do not attract greater protection.

  • Nando’s v Fernando’s – a peri peri good idea? (Brands & IP Newsnotes - issue 7)

    23 April 2018

    The well-known high street chicken restaurant, Nando’s, has attracted legal and national headlines in its pursuit of ‘copycat’ restaurant, Fernando’s, based in Reading.

  • The Sky’s the limit? Sky v SkyKick referred to CJEU (Brands & IP Newsnotes - issue 7)

    23 April 2018

    In the latest instalment of Sky v SkyKick, the UK High Court has referred several questions to the CJEU relating to trade mark validity, requesting guidance on the limits of bad faith when a mark lacks clarity and precision.

  • Mercky stuff: when do websites target the UK? (Brands & IP Newsnotes - issue 7)

    23 April 2018

    Over the last few years, a long-running dispute has heated up between the US and European pharmaceutical companies that both trade under variations of the name “Merck”.

  • HMRC publishes guidance on new PILON tax rules but uncertainty remains

    12 April 2018

    HM Revenue & Customs has published guidance on the new rules that require income tax and national insurance contributions (NICs) to be paid on all payments in lieu of notice (“PILONS”) with effect from 6 April 2018.

  • Failure to pay father full pay for shared parental leave is not sex discrimination

    12 April 2018

    The Employment Appeal Tribunal (“EAT”) has decided that it is not sex discrimination to fail to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay.

  • Jurisdiction Challenges

    09 April 2018

    Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.

  • A warning to solicitors and legal HR – when settlement agreements go too far

    05 April 2018

    Non-disclosure agreements (“NDAs”) have become hot news. From Harvey Weinstein to Donald Trump, rich and powerful men stand accused of using them to silence women and cover up bad behaviour.

  • EHRC Slams ‘Toxic’ Sexual Harassment Culture

    29 March 2018

    The Equality and Human Rights Commission (EHRC) has denounced a ‘corrosive culture’ of sexual harassment at work and outlined recommendations for change in a new report.

  • The half way point to Brexit: 12 months down, 12 months to go

    29 March 2018

    Today marks the one year anniversary since Article 50 was triggered on 29 March 2017. The last 12 months have seen a number of key developments. Following the end of the first stage of negotiations in Brussels, there is now an agreement in place for the rights of EU nationals and their family members living in the UK. Last week saw the announcement that the UK and EU have finally agreed a deal on the transition period.

  • Workplace Relations Commission Code of Practice on Longer Working

    28 March 2018

    At the end of 2017, the Workplace Relations Commission published a Code of Practice on Longer Working (the “Code”). The Code contains guidance for employers and employees on managing the run up to retirement and dealing with requests to work beyond retirement. This has been an area of increasing focus for employers over recent years as the proportion of older workers continues to rise.

  • Return of the MAC – Business makes the case for EEA migration

    28 March 2018

    There are clear signs that the government is prepared to listen to concerns from business about the impact of restricting EEA migration.

  • Setting up in Ireland?

    28 March 2018

    Here’s what you need to know about the six key differences between employment law in Ireland and the US

  • Service of a Claim Form by email – get it wrong at your peril

    27 March 2018

    Communicating by e-mail is common practice. However unless you adhere to the procedural steps required by the Civil Procedure Rules service of a claim form by email will be defective. The Supreme Court’s decision considered whether to grant relief from sanctions to an unrepresented party for failing to adhere to the procedural steps. The fact that the claimant was unrepresented was of no assistance as the rules were clear leaving the claimant with an expired claim form and a claim likely to be statute barred.

  • Latest Developments in the European Commission’s Draft Withdrawal Agreement – Trade Marks and Designs

    22 March 2018

    Since the Brexit result was first announced, there has been great deal of uncertainty for the UK (and wider EU) regarding the continuity of laws, policies, regulations and practices in relation to various facets of daily life. One of the major areas of uncertainty has been the continued protection to owners of EU registered Trade Marks and Designs.

  • Brexit priorities for HR with a year to go

    21 March 2018

    The United Kingdom will leave the European Union in just over a year’s time on 29 March 2019, in the absence of an agreement to defer the separation. It seems probable there will be a 21-month transitional period, during which EU laws will continue to apply and business will have time to adapt to a post-Brexit world.

  • The General Data Protection Regulation: What businesses in Asia Pacific need to know

    20 March 2018

    Alexander Milner-Smith discusses key issues about the upcoming General Data Protection Regulations that businesses in Asia Pacific need to know.

  • What makes a company a quasi-partnership?

    20 March 2018

    Lord Wilberforce’s observation that “a company, however small, however domestic, is not a partnership…” indicates that there are clear distinctions between even the smallest companies and partnerships. However, case law has shown that in some instances the court has been willing to deem companies “quasi” or “in substance” partnerships.

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