The EU Consumer Rights Directive (the Directive) came into force in 2011 and was implemented in the UK by the Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013. Its aim is to protect consumers when shopping ‘away from business premises’, and is often most applicable when shopping online. It sets out minimum information requirements that traders must adhere to, such as identifying the trader and the total price of the goods or services (including taxes and additional charges), and providing access to an online dispute resolution (ODR) platform. All information must be presented in a ‘clear and comprehensible’ manner for consumers. The full list of information requirements can be found at Article 6 of the Directive.
In order to assess compliance with the Directive, the European Commission, with the help of the Consumer Protection Cooperation network across Europe (CPC), annually instructs consumer protection authorities in different countries to undertake an EU wide screening (which they call a ‘sweep’) of online traders’ websites. The latest sweep assessed traders offering a variety of goods, services and digital content, including clothing, computer software and entertainment tickets, whilst previous sweeps have reviewed sites providing services and price comparison tools in the travel sector. The CPC then analyses the different information requirements to establish where ‘irregularities’ of non-compliance exist, and presents a report showing compliance across the EU. Continue Reading
A showdown is underway between the New York Attorney General’s Office and the companies that own and operate the cryptocurrency exchange Bitfinex and issue the stablecoin tether. In short, after months of investigation, the AG’s office has filed a lawsuit under New York’s Martin Act (the NY laws regulating securities and commodities fraud) against the Bitfinex and Tether companies alleging that they may have defrauded Bitfinex customers and tether owners. At the commencement of the lawsuit on April 24, 2019, the AG’s office obtained a court order compelling the Bitfinex and Tether companies to produce documents and information necessary for the AG’s Martin Act investigation and prohibiting the companies from continuing to engage in certain transactions with each other. The companies have responded, disputing the AG’s allegations and asking the court to vacate the order. At a hearing on May 6, 2019, New York Supreme Court Justice Joel Cohen upheld the order compelling Bitfinex and the Tether companies to produce certain documents and information as well as the injunction. But Justice Cohen expressed concern about the injunction’s breadth and clarity, and he gave the parties a week to negotiate a new injunctionThis dispute has crucial implications for both the regulation and market perception of cryptocurrency, so the industry will watch it closely. 
The theme for this year is “Reach for Gold: IP and Sports.” Accordingly, the Global Intellectual Property & Technology Blog would like to acknowledge the contributions of all innovators and creators involved in sports, as well as the commitment of the professionals who help secure and enforce their intellectual property and resolve intellectual property issues. 
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On April 9, 2019, my IP colleagues Kerry Lee and Matt Jones published an informative 