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  • How to ‘opt-out’ your images from use in AI training: German court considers the EU text and data mining copyright exceptions

    07 October 2024

    The District Court of Hamburg has recently considered a dispute involving a professional stock image photographer Robert Kneschke, who discovered that links to some of his photographs had been included in a generative AI training dataset released by the German non-profit LAION.

  • Baby Loss Awareness Week: how to support your employees

    11 October 2024

    Baby Loss Awareness Week will be recognised in the UK from 9 to 15 October 2024. We consider what support can be provided to employees impacted by pregnancy and baby loss.

  • Software apps and patent trolls: Should you be afraid?

    01 February 2012

    For a very long time there has been a debate as to whether software is better protected by copyright or by patents.

  • TRADER ALERT: Consumer Law Changes - Are You Ready for 13 June 2014...?

    19 May 2014

    If you trade with consumers, you should read on! The (somewhat indelicately named) Consumer Contracts (Information, Cancellation and Additional Charges) Regulations come into force on 13 June 2014. They implement part of the Consumer Rights Directive and contain important changes.

  • You’re cabbing a laugh (Brands & IP Newsnotes - issue 1)

    27 September 2015

    The High Court has refused an application by the manufacturer of the iconic London black cab (“LTC”) for permission to adduce survey evidence in a claim for passing off.

  • Are you ready for TfL’s new ban on advertising?

    01 July 2016

    It is unusual for a politician to fulfil an election pledge within the first 60 days of taking office. In fact, some politicians even refuse to take up office simply to avoid fulfilling an election pledge.

  • Confirmation Statements - what you need to know in a nutshell

    22 July 2016

    From 30 June 2016, the Annual Return (or Companies House Form AR01) has been replaced by the Confirmation Statement (or Companies House Form CS01).

  • Can you tell what it is yet? (Brands & IP Newsnotes - issue 3)

    23 October 2016

    Those looking to register shapes as trade marks have had a tough time of it recently. Attempts to register the shape of a Kit Kat, various bottles and a toothbrush have all recently failed in the UK and EU.

  • Legal advice privilege: Not as wide as you think?

    08 February 2017

    Who is a lawyer’s client and what type of communications are protected for the purposes of legal advice privilege have been the subject of two recent important High Court decisions. These cases make it clear that not all communications between lawyers and a client’s employees will be protected by legal advice privilege, even if the communication took place to allow legal advice to be given.

  • Christmas counterfeits – How did you fare? (Brands & IP Newsnotes - issue 4)

    08 February 2017

    At the end of 2016 the OECD/EUIPO released research suggesting that the total trade in counterfeit and pirated products in the EU amounted to as much as 85 billion Euros in 2013. Luxury goods are top of the list and firmly in the sights of counterfeiters for Christmas. So what was done to tackle the problem for Christmas 2016?

  • You will NOT believe what the Chancellor did next!

    09 March 2017

    Except of course, you probably will believe it. It’s a Budget, not an M Night Shyamalan film. And even by the standards of Budgets, it’s rare for a Chancellor to do as much as Philip Hammond has to set expectations for surprise and drama this low. In fact, some were surprised about some of the things the Chancellor didn’t do on, for example, self-employment. But we’re getting ahead of ourselves.

  • Will you pass the red face test? - Naming and shaming of late payers has now arrived

    09 May 2017

    From 6 April this year, all large UK companies (and limited liability partnerships) are now subject to a new regime which requires them to publish, on a Government website, detailed reports on their supplier payment policies and practices. The Regulations are designed to create public transparency of large businesses’ payment policies and practices, primarily for the benefit of small and medium-sized suppliers.

  • Seller/Landlord beware! You need to take care with replies to preliminary enquiries

    07 July 2017

    As part of any commercial property transaction a seller/landlord will usually be required to provide to the prospective buyer/tenant replies to a set of pre-contract enquiries (known as “preliminary enquiries”) – typically using the standard form Commercial Property Standard Enquiries (CPSEs) .

  • Yahoo! We’re watching you… Monitoring employee communications

    06 September 2017

    Monitoring an employee’s personal correspondence at work was a breach of human rights, according to a new ruling by the Grand Chamber of the European Court of Human Rights (“ECtHR”). This reverses the ECtHR’s previous judgment in the same case in January 2016.

  • You’ve started – so you’ll finish

    11 June 2018

    Claimants commencing proceedings in the Courts of England and Wales may not be able to end those proceedings simply by serving a notice of discontinuance and can be required to take the matter to trial. In this case the claimants were not permitted to discontinue their claim for the recognition and enforcement of an arbitration award under the New York Convention.

  • Budget 2018. What a wonderful surprise! No really, you shouldn’t have!

    30 October 2018

    It was my birthday recently, so I was delighted when the Chancellor told me he had got me a present. A Budget! It was a little late, distinctly homemade, and wrapped in a spreadsheet (natch) - but I was fascinated to find out what was inside. In other words, here is a selection of key tax changes for business that were announced in the Budget.

  • Major overhaul to disclosure coming: are you ready?

    23 November 2018

    Yesterday our commercial dispute resolution specialists Mark Lim and Paula Barry hosted a discussion about fundamental changes to the disclosure process that are due to come into force on 1 January 2019 as part of a two-year pilot scheme that will run in the Business & Property Courts across England and Wales.

  • Brexit and GDPR: What should you do now about EU to UK transfers of personal data? (And other related issues)

    28 November 2018

    There has been much discussion about the impact of Brexit on a company’s personal data flows in and out of the European Union post Brexit.

  • IR35 tax changes – what you need to know

    06 December 2018

    The Chancellor announced in the Budget the latest measure to combat what HMRC calls “false self-employment”, aimed at those who supply their services via their own company.

  • "You ate my sandwich" - monitoring employees in the workplace

    22 March 2019

    I would never give up a meal but I certainly wouldn’t begrudge someone a taste (unless they were a sibling – that’s a different story). I would trust my fellow employees to keep their distance but if my lunch started to disappear daily I’m not sure what I would do - maybe a simple note, a lunch box with a lock, surveillance? – possibly too far but if your employer had to set up CCTV to protect your soup and sandwich, the question arises as to what level of monitoring can be undertaken by an employer and what expectation of privacy do employees have at work?

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