Tag Archives: UK

Digital Copyright Directive published…and already the subject of complaint

The Directive on Copyright in the Digital Single Market (the Directive), has now been published in the Official Journal, and entered into force on Friday 7 June 2019. EU member states have two years in which to transpose the Directive (which is now officially Directive (EU) 2019/790 on copyright and related rights in the Digital … Continue Reading

ATB Sales Limited v Rich Energy: A ‘Staggering’ Use of Court time?

The recent judgment in ATB Sales Limited v Rich Energy Limited [2019] EWHC 1207 (IPEC) illustrates the difficulties parties will have in defending copyright infringement claims over artistic works, if they can only provide limited documentary proof of the creative design process. Background ATB Sales Limited (“Claimant”) brought the action against three Defendants: Rich Energy … Continue Reading

Check In On Your Terms

  The Competition & Markets Authority (CMA) has recently launched its “Small Print, Big Difference” campaign which encourages travel businesses to be upfront and clear with consumer customers. Although the campaign has been launched with a holiday and travel focus (following the CMA’s investigation into online hotel booking websites), and is supported by ABTA, many … Continue Reading

Employment Adverts – making sure you have the right tools for the job

Advertising agencies aren’t often employed to create interesting concepts for job adverts and it is easy to forget that, just like any other advertisement, job ads must abide by the rules of the CAP Code (the Code). In fact, there is a whole section of the Code dedicated to marketing communications for employment, business opportunities … Continue Reading

Scripts and Copyright: Application ‘Pitched’ Out of Court

Seeking an interim injunction to protect against copyright infringement can often run into difficulties, as demonstrated by the recent judgment in Happy Camper Productions Ltd v British Broadcasting Corporation [2019] EWHC 558 (Ch). The dispute centred on the script for an episode of ‘Pitching in’, a comedy-drama programme by the BBC about a widower in … Continue Reading

European Parliament Adopts the Copyright Directive

Despite the consistent and continuous opposition to the controversial Article 13, the European Parliament has adopted the ‘Directive on copyright in the Digital Single Market’ (the Directive). MEPs debated and subsequently voted in favour of the Directive, 348 votes to 274 (36 MEPs abstained). The Final Wording of the Directive The latest version of the … Continue Reading

Using the ® and ™ symbols on your trade marks

Although it is very common to see the ® symbol on advertising and marketing materials in everyday life, how many consumers know what it means? And how common is it for brands to misuse the ® symbol? The ® symbol  In the UK, you can only insert the small ® symbol after a mark if … Continue Reading

New advertising guidance introduced to protect under 18s

Over the last year, the Committees of Advertising Practice (the CAP), have taken an increasingly robust view on gambling ads. Last year, it announced tougher standards to be imposed on gambling advertising after its review of gambling advertising revealed that – whilst advertising did not itself play a causal role in problem gambling – claims, … Continue Reading

Football trading cards meet blockchain

Last month, Chris Stevens-Smith wrote about football cards’ new lease of life through the use of blockchain for our sister blog Sports Shorts.  The article looks at the use of crypto trading cards, and how football clubs are using technology to engage with their fans. You can read the blog here, and subscribe to Sports Shorts … Continue Reading

New Artificial Intelligence Advisory Body in England and Wales – Bringing the Modern World to the Judiciary

Lord Burnett of Maldon, the current Lord Chief Justice, has set up a new Advisory Body with the aim of ensuring that the Judiciary of England and Wales is fully informed about developments in artificial intelligence (AI). In setting up the group, Lord Burnett recognised the importance of AI in today’s modern world, and the potential … Continue Reading

Adverts must avoid harmful gender stereotypes

In late 2018, the Committees of Advertising Practice (CAP and BCAP) announced the introduction of a new rule to deal with the depiction of harmful gender stereotypes in advertising. The new rule will apply to both the broadcast and non-broadcast codes of advertising practice and come into force on 14 June 2019, stating that advertising … Continue Reading

Cryptoassets: Out Of The Shadows

Cryptoassets are coming out of the shadows. Slowly but surely. Over the past decade or so, perhaps principally driven by huge gains (and losses) in the value of Bitcoin, there has been a palpable dawning recognition that cryptoassets, and the distributed ledger technologies (DLT) that underpin and encrypt them (such as Blockchain), are here to … Continue Reading

Faux or Fur?

The Committee of Advertising Practice (“CAP”) recently drew attention to a number of misleading “faux fur” claims in relation to certain clothes and accessories in its enforcement notice published on 17 January 2019. The notice records CAP’s concern that consumers have been misled by ads for “faux fur” products, in contravention of Section 3 of the … Continue Reading

What Will Happen to .eu Domain Names After Brexit?

Whilst uncertainty around the terms of the UK’s exit from the European Union remains, EURid (the European registry manager of .eu domain names) has provided information about what will happen to those .eu domain names which are currently owned by UK registrants. The European Commission has made it clear that, subject to transitional arrangements that … Continue Reading

The Outsourcing Playbook – a new dawn for public sector contracting?

The UK government has this week published its Outsourcing Playbook (the Playbook) providing guidance for central government on getting outsourcing right, from making the initial decision to outsource through to termination, transition and dealing with supplier failure. With in-boxes groaning under the weight of Brexit related government guidance it would be easy to miss the … Continue Reading

The EU’s Digital Copyright Directive – where are we now?

In 2016 the EU proposed the “Directive on copyright in the Digital Single Market” (the Directive). Since then, the Directive has been widely debated at EU level and has been the subject of intense campaigning and lobbying, with various interested parties writing numerous open letters to the EU Council’s Working Party on Intellectual Property, the … Continue Reading

Influencing the influencers – ensuring social media is upfront on endorsements

Last year, the Global IP & Technology Law Blog covered the investigation by the Competition and Markets Authority (CMA) into commercially driven posts on social media, the results of which were published last week. Following the investigation (which considered potential breaches of the Consumer Protection from Unfair Trading Regulations 2008), a number of prominent online … Continue Reading

Modernising and harmonising… the Trade Mark Regulations 2018

On the 14 January 2019, the Trade Marks Regulations 2018 (the Regulations) came into force in the UK, amending provisions in the Trade Mark Act 1994 and the Trade Mark Rules 2008, bringing UK trade mark law in line with that of the EU. The Regulations introduce changes to elements of the application process, disputes … Continue Reading
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