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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 (...
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25 November 2022
A new normal: data governance and internal stakeholder alignment
Building a robust data governance and privacy compliance regime requires strategic planning and meaningful business buy-in. As the spotlight on data governance intensifies, legal leaders across all industries are evaluating best practices.
16 November 2022
On Just Terms Podcast Series
Australia is a litigious country - we meet with Australia's leading legal and commercial minds to discuss how to manage the corporate risk landscape. Join host Jason Betts, Disputes Partner at Herbert Smith Freehills, as he interviews the people on the front lines of this changing environment.
14 November 2022
Term SOFR in USD loans
There has been a divergence in the international market in the rate which will replace USD LIBOR when it is discontinued at the end of June next year. Given the significant investment in systems to calculate compounded in arrear near risk-free rates (RFRs) and market familiarity with those rates in...