By: Claire Sng I had the rare opportunity last week to put some questions directly to Guy Parker, the ASA’s Chief Executive, during a Q&A session at an industry conference on Advertising and Marketing Law. I asked two questions relating to influencers and transparency of social media posts. This clearly remains a critical issue for … Continue Reading
By: John Wilks, Claire Sng and Sophie Anim Background The UK’s Competition and Markets Authority has announced, following its investigation (see our earlier article available here), that it has secured commitments from 16 social media influencers about how they post online (see link to CMA press release here). The influencers, including singer Rita Ora and … Continue Reading
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
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
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
By Claire Sng Yesterday at a conference hosted by the UK advertising regulator, the ASA, billed as “The future of ad regulation”, the ASA announced its new 5 year plan entitled “More impact online”, with an ambition of making every UK ad responsible (see link here). Reflecting on the change in landscape that has occurred, Guy … Continue Reading
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
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
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
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
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
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
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
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
By Désirée Fields (London) and Ulrike Grübler (Hamburg) Although some time has passed since the UK’s vote to leave the EU, the full implications of Brexit for trademarks and designs remain unclear. Statements made by EU and UK officials have not changed that position, nor did Theresa May’s Brexit speech in January 2017 provide any indication … Continue Reading
By Ruth Hoy On 2 August 2016, the IPO published its first statement since the referendum that considers the impact Brexit will have on intellectual property rights. The main message is that the UK remains a part of the EU until the negotiations to exit are concluded. The statement provides little by way of substantive information … Continue Reading
The UK’s vote to leave the European Union in a so-called ‘Brexit’ referendum throws up a host of issues for the Media, Sport and Entertainment sector, many of which will hinge on the outcome of negotiations following the triggering of Article 50 of the Lisbon Treaty: Regulation in the EU Media Landscape There will be … Continue Reading
Authored by: Satnam Sahota and Jim McDonnell The former members of defunct UK reggae/pop band UB40 are currently in dispute over the goodwill of the group, and in particular use of the band’s name. A preliminary issue in this matter was recently settled by the High Court, which decided that a purported assignment of goodwill (after … Continue Reading
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
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
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
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
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
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
