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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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12 January 2022
Corporate Governance snapshot: Preparing your annual report and AGM notice in 2022
This snapshot summarises the key developments and issues arising in practice over the last 12 months which impact the 2021 annual report and the AGM in 2022. For further information or to obtain a copy of our full briefing on preparing your annual report and AGM notice in 2022, please email one of...
11 January 2022
Corporate Governance snapshot: Reporting in structured electronic format
The UK Transparency Rules require listed companies to produce their annual report and accounts in structured electronic format in respect of financial years beginning on or after 1 January 2021. The new rules require listed companies publish their annual report and accounts in XHTML web browser...
10 January 2022
PODCAST: THE NEW NATIONAL SECURITY & INVESTMENT ACT – WHAT DO PUBLIC M&A PRACTITIONERS NEED TO KNOW?
In the latest episode in our public M&A podcast series, we discuss the National Security & Investment Act – the new regime which gives the UK government powers to screen and block acquisitions and investments on national security grounds – and the impact for public M&A practitioners.
05 January 2022
Merricks v Mastercard: the litigation risks for the financial services sector
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on the repercussions of the recent decisions in the Merricks v Mastercard litigation for the wider litigation landscape, particularly for the financial services sector.
24 December 2021
The Growing Importance of Social Loans for Project Finance
The last five years has seen a global boom in sustainable financing, primarily driven by green loans and bonds, and sustainability linked loans (SLLs). Growth in this area has been linked to a desire to align financing transactions with a broader imperative to improve the environmental impact of...
23 December 2021
Is it game over for computer-implemented inventions in Australia?
The Full Court of the Federal Court of Australia has provided some clarity on assessing whether computer-implemented inventions constitute patentable subject matter, finding that Aristocrat’s patent claims to electronic gaming machines with particular gaming features were not a “manner of...
22 December 2021
Activism Rising – The Role of Shareholders in Shaping ESG Strategy
While environmental, social and governance (ESG) activism has long been a feature of many markets globally, 2021 has signalled the increased willingness of large institutional investors to take or support activist action against corporate boards where they perceive companies’ progress on ESG issues...