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30 January 2020
Brexit & IP – status quo for the transition period; changes to come post-transition
From 23.00 on 31 January 2020, the UK will no longer a member state of the EU, although it will be treated as such for the duration of the transition period. From an IP point of view, the status quo will be maintained during the transition period (currently until the end of December 2020). Here we...
04 November 2019
Deepfakes: is seeing still believing?
The BBC thriller The Capture has captured the public’s imagination with its portrayal of the relationship between deepfakes and CCTV evidence, and the serious legal risks associated with this technology. In a recent report published by non-profit research institute Data & Society, deepfakes...
17 October 2019
Unregistered Community Designs - Could a reference to CJEU save London Fashion Week?
Unregistered Community designs ( UCD s) became available in 2002 via the Community Designs Regulation as a new kind of short term protection (3 years) across the EU, aimed at providing protection for designs where either the market was moving too fast for it to be worth registering the design, as...
12 September 2019
ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
The ACCC has issued final Guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act...
08 August 2019
Chequered flag to Ferrari: Competitors back to the drawing boards after Ferrari copyright ruling
In an unprecedented move, the Court of Bologna has acknowledged copyright for the legendary motor car Ferrari 250 GTO. Given that a collector’s 250 GTO recently sold for more than £50 million, it comes as no surprise that Ferrari is keen to keep copycats out of the market.
15 November 2018
Draft Withdrawal Agreement Approved by UK Cabinet – IP and Marketing Authorisation Provisions Summarised
As has been widely reported, the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Draft Withdrawal Agreement ), detailing the arrangements for the UK to leave the EU was agreed by the...
26 September 2018
Brexit “no deal” technical notices published on intellectual property and life sciences sector issues
The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The...
13 June 2018
UKSC judgment in Cartier – who pays for website blocking orders?
In a blow for rights-holders, the UK Supreme Court (UKSC) has today decided that ISPs should not bear the implementation costs for website blocking orders in Cartier International AG and others v British Telecommunications Plc and another [2018] UKSC 28 . Whilst the UKSC has endorsed the...
27 March 2018
UK GOVERNMENT AGREES ELEMENTS OF THE EUROPEAN COMMISSION’S PROPOSALS FOR POST-BREXIT PROTECTION OF EU-WIDE IP RIGHTS IN THE UK
In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights at the end of the transition period post-Brexit (...
04 December 2015
Dallas Buyers Club - An international fight
Readers in Australia will be familiar with the ongoing efforts of Dallas Buyer Club ( DBC ) to obtain the names and addresses of the account holders whose internet connections were allegedly used to share the DBC movie online. The film makers have also brought action in the United States of America...
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28 September 2020
China’s competition regulator publishes new compliance guidelines
In August 2020, China’s primary competition enforcement regulator, the State Administration for Market Regulation ( SAMR ), announced the publication of its “2019 Compilation of Antitrust Regulations and Guidance”. The publication formally adopts four key guidelines (the Guidelines ) relating to...
28 September 2020
Due Diligence in the Age of ESG and Covid-19 (Japan)
Even before the Covid-19 pandemic, the increasing focus of external stakeholders on corporate purpose, accountability and resiliency was driving environmental, social and governance ( ESG ) matters higher up the corporate agenda. The Covid-19 pandemic has magnified the spotlight on ESG issues,...
25 September 2020
EU Mandatory Human Rights Due Diligence Law Takes Shape
Earlier this year we reported on a European Commission proposal to introduce mandatory human rights due diligence legislation for the EU. The European Parliament's Committee on Legal Affairs has now published a draft report which includes the text of a proposed Directive, giving a sense of the...
24 September 2020
Webinar: Sustainability in Arbitration – Reducing the environmental impact of our disputes
Herbert Smith Freehills and the Campaign for Greener Arbitrations are delighted to invite you to attend our webinar on Sustainability in Arbitration. Environmental sustainability is not a new subject, but is one that is increasingly at the forefront of government and corporate strategy and...
23 September 2020
Catalyst // Podcast Series
As markets move from response to recovery, our focus is shifting too. Looking ahead, we expect the global pandemic to operate as a catalyst, accelerating changes in human behaviour, driving forward scientific and technological advances, and ushering in further digitalisation and some tough choices...
23 September 2020
Podcast: Herbert Smith Freehills and GaffneyCline experts speak on ESG and Decarbonisation with the Oil & Gas Council
In this podcast Tim Pawul of the Oil & Gas Council hosts GaffneyCline's Global Head of Carbon Management, Nigel Jenvey and Herbert Smith Freehills' Global Head of Energy, Lewis McDonald, where they talk about ESG and decarbonisation in the context of oil & gas around the world. In the...
23 September 2020
UK Government plans to strengthen Modern Slavery Act 2015 reporting requirements
The UK Government has published its response to the transparency in supply chains consultation . The response sets out significant new proposals intended to strengthen the Modern Slavery Act 2015 ( MSA ), and in particular the requirement for certain organisations to produce a slavery and human...
23 September 2020
Cyber and data security webinars
Cyber security is a high-ranking board agenda item showing no sign of abating. The regulatory landscape is becoming ever more complex as we strive to respond and mitigate the risks of cyber incidents. In the following webinars we delve into some key developments to help you keep abreast of changes...
23 September 2020
People: New remote work regulations (Spain)
On 23 September 2020, the Spanish Official State Journal (Boletín Oficial del Estado) published Royal Decree-law 28/2020, of 22 September (“RDL 28/2020”), on remote work. The new regulation will enter into effect 20 days after its publication, in all matters relating to the regulation of this form...
23 September 2020
The Italian medicines agency AIFA opens a public consultation on the draft guidelines for the preparation of the dossier supporting a price and reimbursement application
This is the last step before the implementation of the new procedure for the price and reimbursement negotiation set out in the Decree on price and reimbursement negotiation of 2 August 2019. The Italian Medicines Agency (AIFA) has launched a one week public consultation, closing 30 September 2020...
