Insights & News
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Sandoz & Hexal v Searle & Janssen Sciences Ireland: What is the formula for patent extensions?
13 July 2017The UK High Court has held that a pharmaceutical product claimed only within a Markush formula and not expressly referred to in the patent was protected by the patent for the purposes of obtaining a Supplementary Protection Certificate (SPC).
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UPC – UK moves forward whilst Germany stalls
13 July 2017The Unified Patent Court (UPC) is intended to provide a regional forum resolve patent disputes. UPC decisions will have effect in all 25 states participating in the UPC, providing a single forum to resolve disputes.
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People with Significant Control - AIM Companies brought within the PSC regime
12 July 2017UK companies listed on AIM were previously exempt from the obligation to keep a register of people with significant control (PSCs), but recent changes mean they will have to have a register from 24 July 2017 onwards.
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It’s not just about Getting(G) Data(D) Protection(P) Ready(R): some digital businesses and infrastructure providers shouldn’t forget to be ‘NIS’
11 July 2017May 2018 is a month which will already be highlighted in the calendars of those responsible for their organisations’ compliance with the General Data Protection Regulation (GDPR). It’s now under a year away. But for some digital businesses and infrastructure providers, when it comes to security risk management and reporting obligations, the GDPR isn’t the whole story.
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The future of employment law – Taylor-ed to fit?
11 July 2017The Review of Employment Practices in the Modern Economy, commissioned by the prime minister last October and chaired by Matthew Taylor, has produced its long awaited report.
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The Gambling Commission serve some stark warnings to operators
10 July 2017The Gambling Commission has slapped its first advertising-related fine against an online gambling operator for advertising that was deemed to fall foul of social responsibility rules and come to a settlement with another operator.
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The ICO cracking down on the use of personal data to promote online gambling
10 July 2017The ICO has learned that there has been a "large numbers of spam texts linked to the gambling sector", and is therefore clamping down on how companies/affiliates use personal data to promote online gambling.
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The CMA’s fight with online gambling companies
10 July 2017The Competition and Markets Authority (CMA) is upping the ante against online gambling companies by increasing its enforcement action against those suspected of breaching consumer law. The CMA believes that often customers are not getting the deal they expected when signing up, due to misleading promotions and unfair terms within the promotion.
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Lewis Silkin attends The Law Society LGBT roundtable: Out in the open
10 July 2017Geraint Lloyd-Taylor has recently attended a discussion on diversity and equality in the legal profession, hosted by The Law Society.
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Rates debate - Re-development or disrepair?
07 July 2017Business rates have been big news recently following the Government’s controversial revaluation which took effect from 1 April 2017. Against the backdrop of all this negativity, the Supreme Court decision of Newbigin (Valuation Officer) v S J & J Monk [2017] at least provided some positive news for those carrying out developments or refurbishments of property.
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Tenants still can’t assign to their guarantors
07 July 2017There are often very good reasons why a lease would be assigned to a guarantor (e.g. corporate restructuring or the tenant’s insolvency). However, a case in 2016 - EMI Group Ltd v O & H Q1 Ltd - decided that such an assignment would be void at law, even if all parties agreed to it.
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Could a timely PIA have helped save the Royal Free from falling foul of data protection laws?
07 July 2017For many organisations, the acronym PIA represents a Painfully Inconvenient Ask (if not something far less polite). But Privacy Impact Assessments are set to be a key way of meeting the General Data Protection Regulation’s accountability requirement, and their importance is illustrated by the outcome of a recent investigation by the Information Commissioner’s Office.
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Seller/Landlord beware! You need to take care with replies to preliminary enquiries
07 July 2017As 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) .
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Ignore Japanese knotweed at your peril!
07 July 2017Japanese knotweed is an invasive non-native species and is problematic because it can cause physical damage to land and buildings, particularly through spreading roots. During the summer months, it can grow up to 10 centimetres a day and roots can extend to a depth of three metres and up to seven metres laterally. The presence of knotweed can have a significant and detrimental effect on the marketability and insurability of property and may also adversely affect value.
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A milestone for R&D agreements?
06 July 2017R&D agreements can often cover commercially significant and highly technical subject areas. In Astex Therapeutics Limited v AstraZeneca AB [2017] EWHC 1442 (Ch) the court has had to decide on the interpretation of an R&D agreement and whether certain “collaboration compounds” were within the scope of the agreement, triggering milestone payments or not.
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Employment status – the power of three: employee, worker and self-employed
04 July 2017In an article for Employment Solicitor, Karen Baxter takes a look at recent cases which have tested the boundaries of employment status and assess how employers can keep pace with the changing market as the world of work evolves.
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Size doesn’t matter (so says the ICO about recipients of big fines for data breaches)
03 July 2017If you thought that you’re too small a business to have to bother about data protection, then think again.
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Voulez-vous retoucher moi? New French law on retouching advertising images of models
03 July 2017From the beginning of 2017, French law has required the inclusion of the words “Photographie retouchée” on any photos used in a commercial context (such as advertising) in which the body shape or silhouette of a model has been adjusted using image processing software.
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People with Significant Control - changes in force from Monday 26 June 2017
29 June 2017With very little advance notice as to the detail, notable changes regarding the disclosure regime for people with significant control (PSCs) of UK companies and LLPs came into force on Monday 26 June 2017.
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Australia - Work and Holiday visas and new six-year multiple-entry visas available for Singaporeans
27 June 2017Following the recent summit held in Singapore, it was announced that two new visa measures will come into place. These are the availability for Singaporeans to apply for Australia’s Work and Holiday Visa programme and the new six-year multiple-entry visa for business and tourism in 1 August 2017 and 1 January 2018 respectively.