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The implications for data protection law in the UK and GDPR compliance plans in the eye of the Brexit Storm
03 November 2016On the 4th May 2016, a fundamental milestone in the history of EU Data protection law was reached with the adoption of the EU General Data Protection Regulation (“GDPR”) achieving harmonisation of the rules across the EU after four years of hard-fought negotiations.
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Uber drivers win first round in employment status dispute
31 October 2016An employment tribunal has ruled that drivers engaged by Uber are “workers”, not self-employed contractors, meaning they will be entitled to national minimum wage, paid annual leave and whistleblower protection
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Broadband Ads: End of the line... (rental)?
26 October 2016From 31 October 2016, broadband ads will need to be much clearer in relation to price claims.
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Flowers fails to reign over Cardiff City Council but solidifies the importance of CPR 83.2- Landlords beware!
25 October 2016Lady Justice Arden and Lord Justice Briggs in the matter of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034 (“Flowers”).
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And finally...Brexit (Brands & IP Newsnotes - issue 3)
23 October 2016Speculation about Brexit’s impact on intellectual property rights caused the UKIPO to release its guidance note “IP and Brexit: The Facts” in August.
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Pay to play (Brands & IP Newsnotes - issue 3)
23 October 2016Over the last few years, the Ministry of Justice has sought to fill the gap in its funding through repeated increases to court fees.
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Hyperlinks – the saga continues (Brands & IP Newsnotes - issue 3)
23 October 2016The CJEU has issued another judgment on copyright infringement and hyperlinking; this time in relation to linking to unauthorised content.
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Karen Millen - lessons from an SPA (Brands & IP Newsnotes - issue 3)
23 October 2016Karen Millen, founder of the Karen Millen fashion brand has lost a High Court challenge to use her own name for homeware in the US and China.
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Brand owners gain another tool in the war against counterfeits (Brands & IP Newsnotes - issue 3)
23 October 2016Brand owners will welcome a ruling from the CJEU over the summer that an operator of a physical marketplace can be an ‘intermediary’ for the purposes of Article 11 of the IP Enforcement Directive.
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Pretty fly for wi-fi (Brands & IP Newsnotes - issue 3)
23 October 2016Those who provide access to free wi-fi networks will be breathing a sigh of relief after the CJEU’s judgment this September that providers of such networks can benefit from protection under the E-Commerce Directive.
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IPO doesn’t see anything wrong with Specsavers’ trade mark (Brands & IP Newsnotes - issue 3)
23 October 2016Specsavers has managed to get its application to register “should’ve” (as in, “should’ve gone to Specsavers”) past the examination stage at the UK’s Intellectual Property Office (IPO).
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Can you tell what it is yet? (Brands & IP Newsnotes - issue 3)
23 October 2016Those looking to register shapes as trade marks have had a tough time of it recently. Attempts to register the shape of a Kit Kat, various bottles and a toothbrush have all recently failed in the UK and EU.
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Social faux pas: Brands and celebrities
21 October 2016An Advertising Standards Authority (ASA) ruling in September illustrates that some brands and their agencies are still getting it wrong when it comes using a celebrity’s social media presence to promote their product.
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Shoot later ask questions first
18 October 2016Wearable cameras have been in the headlines quite a bit recently. The moment BBC presenter Jeremy Vine ‘got a kicking’ (as he put it) whilst cycling to work was captured by his helmet mounted camera.
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Key employment law issues for sports organisations
09 October 2016This update highlights a few recent developments in employment law with particular relevance for professional sports organisations.
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Court of Appeal confirms holiday pay should include results-based commission
09 October 2016The Court of Appeal has given judgment in the ongoing holiday pay case of British Gas Trading Ltd v Lock and another, which raises the question of whether and how a salesman’s commission should be taken into account when calculating his holiday pay.
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Government to extend review to include gambling adverts on TV
07 October 2016The front page of The Times reports today that the government is to extend its review into Fixed Odds Betting Terminals to cover gambling advertisements on TV, amid concerns about the proliferation of gambling adverts and their exposure to children.
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Talk (Talk) is not cheap - record fine for data breach
06 October 2016Speak of making an entrance. Within a few weeks of her new appointment as the new UK Information Commissioner, Elizabeth Denham has issued TalkTalk with a £400,000 monetary penalty notice, the biggest fine yet awarded by the ICO.
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Shared parental leave and sex discrimination
06 October 2016The first case about the amounts paid to men and women on shared parental leave has been decided by an Employment Tribunal in Glasgow.
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Retail therapy: Commission publishes preliminary report on the e-commerce sector
19 September 2016The European Commission has released its long-anticipated preliminary report as part of the inquiry into e-commerce launched in May 2015. The report will be of interest to any businesses involved in e-commerce, and particularly those involved in online retail and distribution of digital content. This note focuses on the implications for those involved in the manufacture, distribution and retail of consumer goods.