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ICO fines Flybe and Honda
28 March 2017The Information Commissioner’s Office has issued data protection fines to two household names: Flybe and Honda, for sending marketing emails in breach of the Privacy and Electronic Communications Regulations (“PECR”).
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What game creators need to know about protecting their brands
30 March 2017We have written an article for GamesIndustry.biz, one of the leading websites for news and information about the global video games industry. The article comments on a recent kart racing suit filed by Nintendo and offers advice for game companies.
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Counterfeit tech products on the rise
30 March 2017The OECD has just published a report entitled “Trade in Counterfeit ICT Goods” which estimates that 6.5% of the global trade in information and communication technologies (ICT) equipment is counterfeit.
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Greater clarity on data subject access requests
30 March 2017A recent Court of Appeal decision has given clarity to data controllers in terms of the grounds on which they may refuse a data subject access request (“DSAR”), although the position is not always a helpful one.
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Court of Appeal confirms deterrent sentences for copyright infringement
30 March 2017In Regina v Evans the Court of Appeal has provided guidance on the appropriate level of sentencing for criminal offences under the Copyright, Designs and Patents Act 1988. The Court of Appeal confirmed that the sentence should have a deterrent effect.
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Indian nationals must now apply for visit visas directly to the HKSAR Department of Immigration
03 April 2017Effectively immediately, Indian nationals who require visit visas must do so directly by post to the Immigration Department in Hong Kong instead of submitting applications to the nearest Chinese diplomatic or consular post.
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Introductory guide to data sharing
11 April 2017Most organisations carry out some form of data sharing, whether it be data sharing between organisations within the group or with external third parties. However, if the data being shared by an organisation is “personal data”, additional steps need to be taken to ensure the sharing of such personal data is lawful.
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Supreme Court clarifies indirect discrimination test
11 April 2017The Supreme Court has given a clear explanation of how the test for indirect discrimination works, looking in particular at whether it is necessary to know why a group is disadvantaged by an employer’s policy.
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Introductory guide to using data to market to customers
11 April 2017The development of new technologies has significantly enhanced the ability of organisations to collect and process information about individuals, often with wide-reaching benefits. From a marketing perspective, it is now far easier to know more about your customers. This has also highlighted the importance of safeguards being put in place, particularly given concerns about that information being used in unwarranted and intrusive ways.
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Marathon Asset misses the jackpot again
12 April 2017After being awarded only £2 in nominal damages in its breach of confidence case, Marathon Asset has been heavily penalised on costs after failing to accept the defendants’ Part 36 offer.
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Proposed disclosure rules for non-UK entities owning property or bidding for Government contracts
12 April 2017The UK Government proposes new rules requiring non-UK entities that already own, or intend to acquire, UK real estate, or that wish to bid for UK central Government contracts, to be required to disclose information about the beneficial owners of the entity.
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Preparing to issue proceedings
26 April 2017This note provides general guidance on the steps to consider prior to embarking on litigation. There are a number of practical considerations that should be taken into account. The civil justice system in England expects parties to take a certain number of steps before issuing proceedings. This guide runs through these matters in outline.
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Helping to shape the Global Driverless Revolution
03 May 2017In this article, we look at the road ahead for autonomous vehicles.
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Another purple patch for Trade Marks refused
12 May 2017In Glaxo v Sandoz the Court of Appeal has confirmed the invalidity of a trade mark for two shades of the colour purple relating to asthma inhalers.
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Tribunal finds father entitled to full pay for shared parental leave
14 June 2017An Employment Tribunal has decided that it was direct sex discrimination not 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.
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Competition watchdog turns the spotlight on to eCommerce
15 June 2017We have written an article for Essential Retail which takes a look at the European Commission’s report on competition in eCommerce.
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Home Office has released statistics on illegal working penalties for the UK
19 June 2017The Home Office has released statistics on illegal working penalties totals for the UK from 1 October and 31 December 2016. 703 penalties were issued with total value of £11,595,000 (this value may be reduced through objections and appeals).
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Putting a squeeze on patent licences
20 June 2017The recent case of Chugai Pharmaceutical Co Ltd v UCB Pharma SA & Celltech R&D Ltd [2017] EWHC 216 (Pat)
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Servicing trade mark infringement
22 June 2017The use of a third party trade mark to provide information or describe a service being offered does not necessarily constitute trade mark infringement. Where the use of a trademark goes beyond that and creates an impression in the average consumer that the particular serviced is authorised by the trade mark owner, this will constitute an infringement.
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Validly serving a Statutory Demand is a prerequisite for presenting a Bankruptcy Petition
22 June 2017The court has stressed the importance of validly serving a Statutory Demand before presenting a Bankruptcy Petition. The creditor must do all that is reasonably required to bring the service of the Statutory Demand to the attention of the debtor. Without effectively serving a Statutory Demand on the debtor, presenting a valid Bankruptcy Petition is impossible.