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  • The Open COVID Pledge

    Intellectual property rights are – by definition – monopolistic. How, then, can researchers, charities and NGOs collaborate with business in the development of new technologies to control and eradicate COVID-19?

  • International Lawyers Network: Paid Leave - Are employees entitled to paid leave due to Covid-19?

    This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions. This guide describes the law in force in the requisite jurisdictions at the dates of preparation. This may be some time ago and the reader should bear in mind that statutes, regulations and rules are subject to change. Please see full Publication below for more information.

  • Reviving a brand? A reminder to ensure it is put to genuine use

    The case of Aiwa Co. Ltd v Aiwa Corporation is a useful reminder to brand owners, particularly those who are looking to revive a brand, of what amounts to “genuine use” of a registered trade mark. The case particularly considers whether the sale of second-hand goods by third parties in the UK can constitute genuine use of a UK registered trade mark....

  • Harry and Meghan’s trade mark problem – third party jumps on the bandwagon and applies to register same mark in the EU to cover “jewellery” and “beer”

    The Duke and Duchess of Sussex submitted a trade mark application with the World Intellectual Property Office last year to register “SUSSEX ROYAL” in the UK, EU, Australia, Canada and the US. The application covers a range of goods and services in six classes, including printed publications; clothing; promotional and public awareness campaigns; volunteer projects for charitable purposes;...

  • Establishing A Business Entity In England (Updated)

    The attractiveness of the United Kingdom as a business location is unabated. There are many advantages to doing business in the UK. Investors can draw on a skilled workforce and access a large market; costs of labour and production are lower compared with many other western European countries; investors benefit from a business friendly environment as well as a high degree of legal certainty and...

  • What happens to EU trade marks after Brexit?

    A mere three and a half years after the 2016 referendum on membership of the European Union, the UK looks set to “leave” the EU on 31 January 2020. Instead of exiting without a deal (which at one stage looked distinctly possible), the UK’s departure will be pursuant to the New Withdrawal Agreement. Under this deal – which is currently being enshrined into UK law – 31 January 2020 will mark the...

  • Joint authorship of copyright: UK Court of Appeal tears up the script

    A dispute concerning the screenplay for the 2016 Hollywood biographical comedy “Florence Foster Jenkins” (FFJ) – a film about a tone-deaf New York socialite who labours under the delusion that she is a talented opera singer – has this month produced a Court of Appeal decision centering on the parties’ own adjustment to reality. Apart from highlighting a perhaps lesser-considered pitfall of...

  • Sexual Harassment In The Workplace: What Scottish Companies Need To Know

    We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to Know", we briefly considered how the #MeToo Movement has impacted upon UK law. At present, the movement continues to inform public and

  • Simon Cowell picks bone with “The Pets Factor” UK trade mark

    When TV format creator Mark Duffy struck upon the tongue-in-cheek name “The Pets Factor” for what was (presumably) a talent competition for domestic animals, he might well have smiled at his own ingenuity. Conversely, when Simon Cowell heard about the name (via Mr Duffy’s application to register it as a UK trade mark in classes 9 (software) and 41 (entertainment services)) we can guess he...

  • Sexual Harassment In The Workplace: What English Companies Need To Know

    We include the 2018 chapter in its entirety for reference following the 2019 update. UK update 2019 - The #MeToo movement continues to encourage women to speak out about unacceptable behaviours that they encounter at work here in the UK. A number of high-profile UK individuals have been accused of sexual harassment and their employers alleged to have allowed such...

  • Buying and Selling Real Estate in England, Wales, and North Ireland

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in particular in central London which is perceived as a safe haven for overseas investors. Much of the recent overseas investment has been focused on residential real estate, but there has...

  • Buying and Selling Real Estate in Scotland

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction This guide applies to real estate in Scotland only. 2. Tenure Real estate, both commercial and residential in Scotland may be either of the following: Freehold Freehold real estate is the absolute property of its owner, subject to any rights and title burdens or servitudes in favour of...

  • Establishing A Business Entity In England

    The attractiveness of the United Kingdom as a business location is unabated. There are many advantages to doing business in the UK. Investors can draw on a skilled workforce and access a large market; costs of labour and production are lower compared with many other western European countries; investors benefit from a business friendly environment as well as a high degree of legal certainty and...

  • CABBAGE WILL GET UK PORRIDGE – BUT IS IT GREY ENOUGH?

    Readers of this blog may well be familiar with the regional exhaustion rule which applies to IP rights in the EU, including (for the time being) the UK. Under this rule, IP rights can be exhausted where they are put on the market with the consent of the proprietor in one part of the EU, even if they are parallel imported to another Member State and sold there as ‘grey’ product. But there is no...

  • The GS Media case: “He’s making it up as he goes along!”

    The GS Media case: “He’s making it up as he goes along!”[1] This is not a Brexit whinge, but when I reread the ECJ’s decision in the GS Media case[2], I do understand where 52% of my countrymen were coming from. Generally, the EU has (IMHO) been a force for good in IP law, by trying to keep the law up to date in a period of insane technological development and promoting consistency...

  • “Bripxit” – IP impacts of UK’s referendum results

    Just over a week ago, the population of the UK voted in a referendum to leave the European Union. This was something of a shock, particularly for those of us in the legal profession who get to appreciate the effects that EU harmonisation of law can bring for our clients. The result is starting to sink in, so I thought I would let you have my thoughts on what effect I think this is...

  • IP Update – EU Trade marks

    At the start of 2016 we highlighted the impending changes to IP law in the European Union (EU) and what to expect over the coming months when the new legislation is introduced. This article focuses on two of the amendments governing the use of a European Union trade mark (EUTM) and how the new laws will affect the use of EUTMs pertaining to company names. Background The...

  • IP HOUSEKEEPING – A CANTER THROUGH EU REFORMS COMING YOUR WAY DURING 2016

    Here’s a quick “heads up” of what I see as the key reforms of IP laws in the pipeline at the European Union (EU) level that are likely to affect EU regional registrations of IP, as well as the national laws of each and every EU Member State. You will no doubt be reading more about these topics during 2016. Patents The new EU Unitary Patent (UP) is on the starting blocks:...

  • Section 106 obligations: reducing the affordable housing requirement - renegotiation or appeal

    Over the last couple of years, it has become increasingly common for disputes to arise as to whether or not a proposed development would be viable if it is required to carry an affordable housing obligation that is consistent with local planning policy. A recent Court of Appeal decision provides an interesting insight into how differences between local planning authorities and developers may be...

  • Gifts of art to the nation

    Tomorrow is the last day for responding to the Government's consultation paper on the new scheme for tax incentives for giving art to the nation. The idea was first raised in the March 2011 budget. The rationale, according to Jeremy Hunt, Secretary of State for Culture, Media and Sport, is that (and I paraphrase the Treasury press release) "With art being so expensive

  • Corporate Breakout Session - Anti-Corruption Laws - UK Bribery Act

    So far, we've re-capped Alishan Naqvee's introduction to anti-corruption laws, and Stuart Gerson's comments on the US's Foreign Corrupt Practices Act. Following Stuart's presentation, the group heard from Charles Wander of Fladgate LLP, who spoke about the new UK Bribery Act. Charles began by saying that he would give a brief overview of what's coming on July 1, 2011 in the...

  • Inspiration and risk management

    At the risk of being disowned by my History of Art student daughter, I have to admit that installation art doesn't engage me much. The lawyer in me kicks in and I start thinking about what could go wrong. For example, earlier this year, said daughter led me through The Forked Forest Path by Olafur Eliason at the Whitworth Gallery in Manchester. For those unfamiliar with the work, it...

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