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Industrial relations update
22 February 2017Our summary of recent “collective” employment law developments includes the latest on the Government’s industrial action reforms, the Court of Appeal’s ruling in the Boots case concerning a “sweetheart” recognition agreement and a decision of the Central Arbitration Committee (“CAC”) upholding an information request by the trade union Unite.
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Clarification on tax changes for the public sector ‘off-payroll’ workers
22 February 2017HM Revenue & Customs has issued guidance on forthcoming changes to the IR35 rules where workers provide their services to a public authority through a personal services company (“PSC”), i.e. a company owned and controlled by the worker.
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Overview of: ‘Data Analytics and the Future of Elite Sporting Performance’ forum 7 February 2017
21 February 2017The Lewis Silkin Sports Business Group hosted its latest forum event, ‘Data analytics and the future of elite sporting performance’ on Tuesday 7 February, at which our esteemed panellists provided real insight on how elite athletes and teams are increasingly relying on data analysis to gain a competitive edge.
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Dating apps get even more interesting
17 February 2017A Scottish court has recently refused to find that a legal partnership existed between two former friends and Mr Elliott in relation to a business arrangement to develop and exploit a couple of online dating apps. The court held that, without a contract, there was no partnership and Mr Elliott was not obliged to share the profits from the venture with the friends.
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Estate agent unable to claim his fee on successful property sale
17 February 2017The Court of Appeal has decided that it cannot imply contractual terms where there is no contract in the first place. In this case, it would not imply a term to enable an estate agent to recover his commission on a sale.
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Chinese visa applications additional new requirements to be aware of
16 February 2017Following the recent rollout of China’s new work permit system for Chinese Business Z visas, the Chinese Ministry of Foreign Affairs has revised the requirements for photographs submitted to overseas Chinese consular and embassies with visa applications.
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Pimlico Plumbers are workers not self-employed
14 February 2017In the latest development in a series of cases on employment status, the Court of Appeal has rejected an appeal by Pimlico Plumbers and found that a “self-employed” plumber should have been classed a worker.
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Court considers service of a defendant’s notice to force claimant to serve proceedings or discontinue a claim
14 February 2017A recent decision not only reminds practitioners of a defendant’s ability to force a claimant to either serve proceedings or discontinue a claim by using a CPR 7.7(1) notice, but also considers for the first time the date for compliance with such a notice.
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We are family – I’ve got all my passports with me
09 February 2017An EEA national using the online application form for a registration certificate or for a document certifying permanent residence can now add their close and extended family members to their online form.
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IP myth busters (Brands & IP Newsnotes - issue 4)
08 February 2017Myth and legend is not just the stuff of Lord of the Rings. There are plenty of ommon misconceptions in intellectual property which are often further exacerbated by statements on the internet and the popularity of TV shows where legal ‘advice’ or commentary may be given. Here are a few of the most common ones we hear and the truth behind them.
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Hacked off? Data breaches abound (Brands & IP Newsnotes - issue 4)
08 February 2017The inevitable rise of the data breach, otherwise known as the ‘hack’, continued unabated in 2016. The UK government reported that two thirds of ‘large’ business (i.e. greater than or equal to 250 employees – regardless of revenue) “experienced a cyber-breach or attack in the past year”.
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Rubik’s Cubes: In a spin (Brands & IP Newsnotes - issue 4)
08 February 2017Those of us of a certain age will remember the frustration of trying to complete a ‘Rubik’s Cube’. But following the CJEU’s ruling that the trade mark registration for the shape of the famous puzzle is invalid; it is the owner of the original Rubik’s Cube 3D puzzle that will be feeling frustrated.
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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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Unregistered designs: Open and shut case (Brands & IP Newsnotes - issue 4)
08 February 2017In a recent case, Action Storage (a producer of lockers, such as the ones installed in schools) sued G-Force (another producer of lockers) for infringing its design rights in producing a similar product.
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New Year’s resolutions for better IP (Brands & IP Newsnotes- issue 4)
08 February 2017Why stop at making personal resolutions for the New Year when you can make them for your IP too. The start of the year is an excellent time to consider your general IP strategy and even to introduce new practices that will make protecting, using and enforcing your IP that much easier in 2017.
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Christmas counterfeits – How did you fare? (Brands & IP Newsnotes - issue 4)
08 February 2017At 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?
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Legal advice privilege: Not as wide as you think?
08 February 2017Who 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.
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Indemnity costs intended to have chilling effect
07 February 2017Court orders indemnity costs in recognition of the fact that litigation became “out of control” due to factors that were attributable to the conduct of the Claimants and their legal representatives and experts in the lead up to trial.
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UK proceeding with UPC (Brands & IP Newsnotes - issue 4)
07 February 2017The UK government announced that it will proceed with the Unitary Patent and the Unitary Patent Court (“UPC”). This ends months of speculation in the patent community as to what would happen afterthe Brexit vote last June. The UK was a mandatory signatory to the UPC Agreement and there had been concern that the project would stall in light of the UK’s European exit. Only Germany is left to ratify the Agreement and it is expected that the UPC will open in December this year.
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‘ETO’ reasons must entail changes in workforce
06 February 2017A recent decision of the Employment Appeal Tribunal (“EAT”) serves as a useful reminder of how employers can fairly dismiss employees for an economic, technical or organisational (“ETO”) reason following a TUPE transfer.