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Can you tell what it is yet? (Brands & IP Newsnotes - issue 3)
23 October 2016
Those 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.
Software apps and patent trolls: Should you be afraid?
30 November 2016
For a very long time there has been a debate as to whether software is better protected by copyright or by patents.
Legal advice privilege: Not as wide as you think?
08 February 2017
Who 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.
Christmas counterfeits – How did you fare? (Brands & IP Newsnotes - issue 4)
08 February 2017
At 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?
You will NOT believe what the Chancellor did next!
09 March 2017
Except of course, you probably will believe it. It’s a Budget, not an M Night Shyamalan film. And even by the standards of Budgets, it’s rare for a Chancellor to do as much as Philip Hammond has to set expectations for surprise and drama this low. In fact, some were surprised about some of the things the Chancellor didn’t do on, for example, self-employment. But we’re getting ahead of ourselves.
Will you pass the red face test? - Naming and shaming of late payers has now arrived
09 May 2017
From 6 April this year, all large UK companies (and limited liability partnerships) are now subject to a new regime which requires them to publish, on a Government website, detailed reports on their supplier payment policies and practices. The Regulations are designed to create public transparency of large businesses’ payment policies and practices, primarily for the benefit of small and medium-sized suppliers.
Seller/Landlord beware! You need to take care with replies to preliminary enquiries
07 July 2017
As 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) .
Yahoo! We’re watching you… Monitoring employee communications
06 September 2017
Monitoring an employee’s personal correspondence at work was a breach of human rights, according to a new ruling by the Grand Chamber of the European Court of Human Rights (“ECtHR”). This reverses the ECtHR’s previous judgment in the same case in January 2016.
You’ve started – so you’ll finish
11 June 2018
Claimants commencing proceedings in the Courts of England and Wales may not be able to end those proceedings simply by serving a notice of discontinuance and can be required to take the matter to trial. In this case the claimants were not permitted to discontinue their claim for the recognition and enforcement of an arbitration award under the New York Convention.
Budget 2018. What a wonderful surprise! No really, you shouldn’t have!
30 October 2018
It was my birthday recently, so I was delighted when the Chancellor told me he had got me a present. A Budget! It was a little late, distinctly homemade, and wrapped in a spreadsheet (natch) - but I was fascinated to find out what was inside. In other words, here is a selection of key tax changes for business that were announced in the Budget.
Major overhaul to disclosure coming: are you ready?
23 November 2018
Yesterday our commercial dispute resolution specialists Mark Lim and Paula Barry hosted a discussion about fundamental changes to the disclosure process that are due to come into force on 1 January 2019 as part of a two-year pilot scheme that will run in the Business & Property Courts across England and Wales.
Brexit and GDPR: What should you do now about EU to UK transfers of personal data? (And other related issues)
28 November 2018
There has been much discussion about the impact of Brexit on a company’s personal data flows in and out of the European Union post Brexit.
IR35 tax changes – what you need to know
06 December 2018
The Chancellor announced in the Budget the latest measure to combat what HMRC calls “false self-employment”, aimed at those who supply their services via their own company.
Applying for Hong Kong’s Employment Support Scheme on 25 May? Are you liable for any penalties?
21 May 2020
Hong Kong’s long-awaited Employment Support Scheme will be open for application starting Monday, 25 May 2020.
The London Olympic legacy dream was real – but four years on, is it still alive?
18 August 2016
As we find ourselves enjoying both the carnival-style spectacle of Rio 2016 and the success of the British athletes at the Games, the build-up felt somewhat tainted by the media frenzy surrounding the clear health risks faced by the athletes and visitors (and the wider global community), the Russian doping scandal and the ongoing protesting on the streets of Rio.
The Trade Union Act 2016 - the year ahead
04 January 2017
Although the Trade Union Act 2016 (the “Act”) became law in May last year, further legislation is needed to flesh out some of its reforms and bring them into force. Now that the Government has begun publishing this additional legislation and updating related Codes of Practice, we take a look below at some areas where the impact of the Act’s reforms is likely to become clearer over the year ahead.
New Year’s resolutions for better IP (Brands & IP Newsnotes- issue 4)
08 February 2017
Why 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.
The year in employment law
08 January 2018
The UK’s political landscape continues to be dominated by the shock 2016 referendum vote to leave the European Union. Following a surprise General Election in June 2017, Prime Minister Theresa May unexpectedly lost her parliamentary majority amid deep divisions about how the UK should “Brexit”. Against that backdrop, the Brexit negotiations between the UK and EU began in 2017 and will continue into 2018. This has meant that, as with many other areas, employment policy reform has taken something of a backseat. Nevertheless, employment law continues to change at pace.
Supreme Court delivers key judgment on the availability of Wrotham Park “negotiating” damages
02 July 2018
The Supreme Court has considered an important question in relation to damages. In what circumstances can damages for breach of contract be assessed by reference to the sum the claimant could hypothetically have received, known as Wrotham Park damages, in return for releasing the defendant from the obligation he had failed to perform?
Two wrongs don’t make a right: Court of Appeal decides illegality is no defence to professional negligence claim
16 October 2018
For public policy reasons, the Court of Appeal has held that the defence of illegality was not available to a firm of solicitors that failed to register a property transfer to a client involved in mortgage fraud. The court decided that there was no risk that enforcing the client’s negligence claim would undermine the integrity of the justice system and she was entitled to damages, in spite of the fraud.