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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.
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How to read an investment termsheet: Part 2 – The liquidation preference and waterfall
02 February 2017David Willbe has written a piece for Startup Grind.
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Home Office emails migrants for information
01 February 2017It has come to our attention that the Home Office is emailing migrants whose leave is due to expire within a few weeks and inviting them to provide the following information:
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Does a solicitor own the goodwill associated with their own name?
01 February 2017In (1) Juthika Bhayani and (2) Bhayani Law Limited v Taylor Bracewell LLP this question was considered by the Intellectual Property Enterprise Court.
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Extending the reach of the Modern Slavery Act 2015
26 January 2017The link between an increasingly globalised economy and the labour rights of workers was put firmly on the commercial agenda by the Government when it introduced the Modern Slavery Act 2015 (“MSA”) in October 2015.
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Should (female) employees be told how to dress to impress?
26 January 2017Hitting the headlines, two parliamentary committees have published a report highlighting the fact that discriminatory dress codes are still widespread in the workplace.