Repost from LAW À LA MODE, Issue 13 – April 2014

By Robert Russell and Peter Manley (Manchester)

In this article on the changing landscape of UK fashion retail, we consider the challenges and changes faced by the industry and comment on the opportunities available for existing players and potential new entrants to the market.


Continue Reading INSOLVENCY IN THE FASHION RETAIL SECTOR THE RISKS AND THE OPPORTUNITIES

The eight recipients of the British Fashion Council’s (“BFC”) NEWGEN MEN, sponsored by TOPMAN, initiative were announced earlier this week. DLA Piper is partnering with the British Fashion Council to provide tailored legal and commercial


Continue Reading DLA Piper Partners with The British Fashion Council to Mentor Up and Coming Designers

Reposted from DLA Piper’s Media & Sport Group Bulletin

Editorial Team: Nick FitzpatrickDuncan Calow and Patrick Mitchell

The consultation following up recommendations in the Hargreaves Review outlines Government plans to improve copyright laws.

The consultation, which will run for 14 weeks and conclude on 21 March 2012, is in line with the Government’s “response” to the Hargreaves Review of Intellectual Property and Growth (“Hargreaves Review”) (for more information on the Hargreaves Review please refer to our May 2011 client alert here).


Continue Reading UK Government publishes consultation on copyright

Reposted from DLA Piper’s Media & Sport Group Bulletin

Editorial Team: Nick FitzpatrickDuncan Calow and Patrick Mitchell

The High Court has ruled that Google did not have “actual knowledge” of defamatory material where complaints were not “sufficiently precise and well substantiated”.

On 25 November 2011 the High Court ruled in favour of Google; setting aside an order that permitted the US company to be served out of the jurisdiction in defamation proceedings. The Court ruled that the claimant, former UK intelligence adviser Andrea Davison, had failed to show a real and substantial tort within the jurisdiction or that Google had actual knowledge of unlawful activity on the blog that it hosted.


Continue Reading UK: High Court rules that Google is not liable in blog defamation case

by Patrick Van Eecke, Cameron Craig and Jim Halpert

Viviane Reding, European Commission Vice-President and Commissioner responsible for justice, fundamental rights and citizenship, has announced the long-awaited Proposal for a new Data Protection Regulation. 

The Proposal, announced December 6, has now entered into inter-service consultation with other Commission Directorates-General, after which the text will be considered by the Parliament and the Council, who may make significant changes. 

The Regulation would repeal the current Data Protection Directive 95/46. It is expected to become law in two to three years. 


Continue Reading FIRST INSIGHT INTO THE EUROPEAN COMMISSION’S PROPOSAL FOR A NEW EU DATA PROTECTION LAW

Reposted from DLA Piper’s Media & Sport Group Bulletin

Editorial Team: Nick FitzpatrickDuncan Calow and Patrick Mitchell

Ofcom has cleared Al Jazeera English channel (“Al Jazeera”) for its broadcast of “The Palestine Papers”


Continue Reading UK signs agreement on intellectual property and growth with Brazil

Reprinted from La A La Mode, DLA Piper’s Fashion, Retail and Design E-zine

by Jean-Louis Kerrels and Julie De Bruyn (Brussels)

On June 23, the European Parliament adopted the Consumer Rights Directive.* Among the changes is a 14 day EU-wide right for consumers to change their mind about their online purchases, as well as new information requirements.


Continue Reading NEW CONSUMER RIGHTS DIRECTIVE: 10 COMMANDMENTS FOR ONLINE RETAILERS

Reposted from DLA Piper’s Media & Sport Group Bulletin

Editorial Team: Nick FitzpatrickDuncan Calow and Patrick Mitchell

A Joint Committee of MPs and peers from the House of Commons and House of Lords (“the Committee”) has issued a report on the Draft Defamation Bill (“the Bill”), approving many of the Government’s proposals but also recommending further changes that should be made to libel laws.

The unanimously-agreed report was published on 19 October 2011. In considering the Bill, which was published in March 2011 (please see the article in our April 2011 issue of Media Intelligence here), the Committee established the following core principles to act as a guide in developing their recommendations:


Continue Reading Libel reform committee proposes sweeping changes to the UK’s libel laws

Reposted from DLA Piper’s Media & Sport Group Bulletin

Editorial Team: Nick FitzpatrickDuncan Calow and Patrick Mitchell

Internet Service Providers (“ISPs”) BT and TalkTalk have been granted permission to appeal against the High Court’s April 2011 ruling in their judicial review proceedings in relation to the Digital Economy Act.

The Digital Economy Act (“the Act”) was passed by the Government in April 2010 with a view to protect creative industries such as music and film-making by introducing measures to tackle online copyright infringement. Under the Act, ISPs would be compelled to take an active role against pirates by, for example, sending out warning letters to alleged illegal downloaders.
BT and TalkTalk, two of the UK’s largest ISPs, brought a judicial review of the Act in April 2011, claiming that the measures to tackle online copyright infringement were not only disproportionate but were also not compliant with EU law. However, the High Court ruled in favour of the Government, recognising the measures as both lawful and proportionate (please see the article in our April 2011 issue of Media Intelligence here).
After failing to obtain permission to appeal against the decision in June 2011, BT and TalkTalk finally succeeded on 7 October 2011. Lord Justice Lewison granted leave to appeal on four of the five grounds addressed in the initial case. The ISPs argue that the Act is not compliant with the following European Directives: the Technical Standards Directive, the Authorisation Directive, the E-Commerce Directive and the Privacy and Electronic Communications Directive. The ISPs accepted the High Court’s opinion that there is a very high threshold of proving disproportionality and therefore have not sought appeal on their original claim that the act “represents a disproportionate interference with the rights of internet service providers, subscribers and internet users and with the concept of freedom of expression”.
The hearing at the Court of Appeal is likely to be held next year, meaning the full implementation of the Act is likely to be further delayed. BT’s challenge to the Act coincides with separate action taken by Hollywood studios under the Copyright, Designs and Patents Act 1988, under which BT has been ordered to block access to a website that facilitates online infringement of copyright (please refer to the next item in this newsletter here).


Continue Reading BT and TalkTalk granted leave to appeal Digital Economy Act decision