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Brexit is back! European Commission issues Communication on readiness for end of transition period
28 July 2020After a few months where organisations’ attention has been diverted by the coronavirus pandemic, the deadline for an extension to the Brexit transition period has passed without one being agreed and the UK will leave the EU Single Market and customs union from 1 January 2021.
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International data transfers - temporary sigh of relief over model clauses?
17 January 2020The ECJ Advocate General has given his opinion in the ongoing Schrems II case about the validity of model clauses – or Standard Contractual Clauses – as a basis for transferring data out of the EU. The opinion is that model clauses are valid, with an important note of caution.
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Migration Advisory Committee commissioned to report on Intra-Company Transfers
19 October 2020On 1 October 2020 the Migration Advisory Committee (MAC) accepted a commission from the Home Secretary to review Intra-Company Transfer (ICT) visa arrangements. It has also been asked to consider what provision could be made to allow overseas businesses to send a team rather than one individual to establish a UK branch or subsidiary, or to carry out a secondment to work on a high-value goods or services contract. The report is due by the end of October 2021, with a revised route likely becoming available in 2022.
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Confirmation that collectively agreed terms are ‘static’ for transferring employees
08 March 2017In two joined cases referred to the European Court of Justice (“ECJ”) by the German Federal Labour Court, an Advocate General (“AG”) has handed down an advisory opinion on the effect of a TUPE transfer on employment terms governed by a collective agreement.
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Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle
21 May 2019The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
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Test for ‘old-style’ transfer of economic entity requires multifactorial approach
08 March 2017The Employment Appeal Tribunal (“EAT”) has ruled that an employment tribunal, in finding that the termination of a franchise agreement gave rise to a relevant transfer under TUPE, made the mistake of focusing on one particular factor and failing to adopt a multifactorial approach assessing all the relevant circumstances.
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Continuous service for notice pay preserved on transfer
22 September 2017The European Court of Justice (“ECJ”) has considered an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court.
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Automatic transfer of employees applies on ‘pre-pack’ sale
25 September 2017The European Court of Justice (“ECJ”) has confirmed that, in the event of a “pre-pack” sale aimed at rescuing all or part of an insolvent undertaking as a going concern, EU transfer of undertakings law requires that the employees automatically transfer. This is consistent with the position in the UK under TUPE.
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Acquired Rights Directive may apply even if significant tangible assets do not transfer in asset-focused business
09 September 2020In a German case, the European Court of Justice (ECJ) has considered whether the EU Acquired Rights Directive could apply to the transfer of an asset-focused business where significant tangible assets did not transfer due to legal, technical or environmental constraints.
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A Trailer for GDPR Season 2: Creating a ‘Culture of Accountability’
19 June 2019In our previous article*, we looked at some key scenes from the first season of the GDPR. This next part takes a peak at what’s likely to be the main plot for season 2 (spoiler alert).
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Future of Sport: Female Trailblazers (with Reema Juffali and Hannah Rankin)
15 February 2022In this bumper episode, JJ Shaw and Alex Kelham are joined by two trailblazers from the world of women’s sport – Hannah Rankin (reigning WBA and IBO super-welterweight world boxing champion) and Reema Juffali (Saudi Arabia’s first female professional racing driver).
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Trading secrets safely in Europe (Brands & IP Newsnotes - Issue 2)
28 March 2016In December 2015, while most of us were busy wrapping presents and eating mince pies, the representatives of the European Parliament and Council agreed the text of the Trade Secrets Directive.
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Trading through the pandemic: insolvency issues, risk and contractual performance
12 November 2020As England endures its second lockdown, it remains unclear how long we will continue to live under coronavirus restrictions. The economic fallout is staggering and the pressure many businesses are facing is unprecedented.
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Defences to infringement in the EU trademark reforms: a mixed bag
01 August 2017Simon Chapman has written an article for World Intellectual Property Review (WIPR) which discusses how the EU trademark reforms have provided a mixed bag for right owners.
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EU trade mark reforms come closer (Brands & IP newsnotes - issue 1)
27 September 2015Seven years after the European Commission started its evaluation of the European trade marks framework, the texts of the new proposed legislation were finally published in June 2015.
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‘Glee’ less than happy after trade mark strife (Brands & IP Newsnotes - Issue 2)
28 March 2016We’re all familiar with the classic trade markdispute. But can you sue for trade markinfringement if the brand using your name is actually more famous than your own? In February, the Court of Appeal said you could.
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An agency guide to trade mark searching
20 January 2017Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design.
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An agent’s guide to athlete trade marks
20 January 2017Sportsmen and women invest massive amounts of time and energy into perfecting their sporting prowess. As an agent, your role is to invest your time and energy into their well-being, to nurture their income generating potential, and protect their image and reputation.
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Step by step - trade marks in China (Brands & IP Newsnotes - issue 4)
08 February 2017Brand owners will take comfort from a decision of China’s highest Court (the Supreme People’s Court of China) in early December. As part of a long running battle between former basketball star, Michael Jordan, and Chinese sports manufacturing giant, Qiaodan Sports, the former basketball star has finally come out on top – at least in relation to one specific trade mark. Overturning decisions from the lower courts, the Supreme People’s Court revoked a trade mark held by Qiaodan for “Jordan” represented in Chinese characters.
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Beating the Brexit deadlock: squaring free trade with immigration controls
01 August 2017James Davies and Natasha Hotson have written an article for International Law Office which discusses the UK's position on immigration controls in current Brexit negotiations and possible framework options to maintain free movement of persons.