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UK ADVERTISING CODE (CAP CODE): RULES CHANGES AND FURTHER CONSULTATION ON THE USE OF DATA FOR MARKETING

By John Wilks, Claire Sng and Ella Castle In the wake of GDPR, the UK’s Committee of Advertising Practice has amended the CAP Code to introduce new rules on the use of data for marketing. It has also launched a consultation on potential further rule changes relating to child marketing data and prizewinners. BACKGROUND As … Continue Reading

UK TRADEMARK REFORMS: IMPLEMENTING THE EUROPEAN TRADEMARK DIRECTIVE IN 2019

By Désirée Fields (Legal Director, London) and Yannick Aaron Zirnstein (Referendar/Trainee Lawyer, Cologne) Important changes to UK trademark law will come into effect on 14 January 2019 in order to implement the European Trademark Directive 2015. While some of the changes are minor in the nature, others are quite significant or even brand new. The … Continue Reading

UK – NEW ASA GUIDANCE FOR INFLUENCERS

By John Wilks and Claire Sng Background The ASA has this week published new guidance for influencers about how to make their ads clear (see link here “Guidance”). This Guidance follows the ASA’s call for evidence in March 2018. This is a hot topic at the moment with: The European Commission having just published a report about … Continue Reading

SCOTCH WHISKY AND CORNISH PASTIES: WHAT DOES A HARD BREXIT MEAN FOR GEOGRAPHICAL INDICATIONS?

By Désirée Fields and Sam Mitchell Geographical Indications (GIs) are signs used on products in order to inform consumers about a product’s geographical origin and a quality, characteristic or reputation of the product linked to its place of origin. GIs such as Scotch Whiskey and Parmesan cheese, have generated significant value for EU farmers and … Continue Reading

DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS

By: Sam Mitchell THE UNITARY PATENT (UP) AND UNIFIED PATENT COURT (UPC) BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as … Continue Reading

DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS – EXHAUSTION RIGHTS

By: Sam Mitchell BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. The following four notes … Continue Reading

DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS – PATENTS

By: Sam Mitchell PATENTS BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. The following four … Continue Reading

DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS – TRADEMARKS

By: Sam Mitchell TRADEMARKS AND DESIGNS BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. The … Continue Reading

DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS – COPYRIGHT

By: Sam Mitchell BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. The following four notes … Continue Reading

UK: NEW DATA PROTECTION FEE

By: James Clark The United Kingdom has announced plans to introduce a new “Data Protection Fee” to replace the current system of registration for data controllers. Draft Regulations[1] were laid before Parliament on 20 February 2018 and the Information Commissioner’s Office (“ICO”), the independent supervisory authority set up to promote and oversee compliance with data protection … Continue Reading

THE EU COMMISSION SETS OUT ITS POSITION ON BREXIT NEGOTIATIONS OVER INTELLECTUAL PROPERTY RIGHTS

By: Ruth Hoy and James Tighe On 6 September 2017, the EU Commission published its position paper setting out the main principles that will govern its attitude to Brexit negotiations with the UK on intellectual property (the “Paper”).  The Paper sets out 5 General Principles: Principle 1:  European IP rights should continue to retain comparable … Continue Reading

UK – ICO ISSUES GUIDANCE ON WI-FI LOCATION ANALYTICS

Authored by James Clark Earlier this month, the UK data protection authority, the Information Commissioner’s Officer (“ICO”), published guidance on safely processing personal data derived from Wi-Fi location analytics. This guidance is important not only to retail businesses who provide Wi-Fi networks to their customers, but also to companies who just provide Wi-Fi access solely … Continue Reading

FASHION MODELS – CROSSING A THIN LINE

By Ruth Hoy and Emily Leach (London) Social responsibility in the fashion industry is a hot topic.  Fashion brands need to be wary of scrutiny for creating aspirational advertising that can be perceived as socially irresponsible.  The use of size zero models, both on the catwalk and in advertising, is a trend that has been … Continue Reading

UK: “No rights, no cry!” – Court of Appeal rules on copyright in certain Bob Marley songs

Reposted from Media, Sports, and Entertainment Blog By Holly Pearlman, Sam Churney, Katherine Mullally The Court of Appeal recently ruled on the ownership of the copyright in the music and lyrics (the “Copyright“) of thirteen Bob Marley songs, including one of Marley’s most famous songs “No Woman, No Cry” (the “Songs”). Marley had deliberately misattributed … Continue Reading

CONSUMER RIGHTS ALL CHANGE?

By Matthew Duncombe (Leeds) The last 12 months have seen significant change to the consumer law landscape in the UK, culminating most recently with the Consumer Rights Act 2015 (which came into force in October 2015). Changes in consumer law commenced last year with the implementation of the Consumer Rights Directive into English law by … Continue Reading

FRAGMENTED SOLUTIONS FOR CLOUD ARE IMPACTING TRUST, FINDS DLA PIPER STUDY

By Laura Brooks DLA Piper has conducted a study on behalf of the European Commission investigating the legal framework for cloud contracts. The study provides guidance to the European Commission on existing laws, case law and administrative guidance applicable to cloud computing contracts in 27 EU Member States and the U.S. level. The study investigates … Continue Reading

TWEAKS TO UK RULES ON SALES PROMOTIONS AND COMPETITIONS

By Jack Randles and John Wilks The UK’s Committee of Advertising Practice (“CAP”) has introduced changes to the provisions of its advertising code which deal with the running of sales promotions, including prize promotions.  The full regulatory statement explaining and setting out the changes is here.  The amendments to Chapter 8 of the CAP Code … Continue Reading

Law à la Mode – Autumn 2013

The DLA Piper Fashion, Retail and Design group distributed the 11th edition of “Law à la Mode” to over 1000 clients.  Special thanks to all who contributed to this edition, especially the U.S. Editorial Team, which consisted of Ann Ford, Gina Durham, Tamar Duvdevani, Radiance Harris, Kiran Gore, Melissa Reinckens, and Airina Rodrigues. Please click … Continue Reading
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