01 February 2012
The Office of Fair Trading (“OFT”) considers that competition is not working properly in the markets for aggregates, cement and ready-mix concrete in Great Britain. Therefore, on 18 January, the OFT referred these markets to the Competition Commission (“CC”) for an in-depth investigation.
27 January 2012
In this update we report on two developments which give a boost to the “Big Society” idea that local charities and community organisations will be best placed to deliver certain local services. We also consider an important decision concerning the financing of a privatised company’s pensions and report on a public consultation regarding possible changes to the rules applicable to public assistance for research and development activities.
27 January 2012
Our latest IP and Technology newsletter includes details of a new small claims procedure for IP claims, information on a Government consultation on new copyright exceptions and summaries of recent developments in case-law concerning confidential information, registered design infringement and trade mark classification.
27 January 2012
On 18 January 2012 Cabinet Office Minister Francis Maude announced important policy changes in Government procurement in the form of a single ‘Lean' model, which will shorten delivery timescales to 120 days for all but the most complex procurements in Government. This Paper pulls together the key messages from these initiatives and suggests some high-level solutions which we believe will help Departments to meet the underlying objectives.
18 January 2012
As the use of social media as a business tool becomes more widespread, the lines between personal and professional are becoming increasingly blurred. Senior Associate Andrew Tibber and trainee solicitor Richard Alexander consider the question of ownership of social media accounts and contacts between the employer and employee in this article, recently featured in E-Commerce Law Reports.
13 January 2012
We have selected our top ten points to watch out for in the Commission’s proposals which were published on 20 December. Whilst the final proposals are not due to be published until the end of 2012, we believe these headline points represent the key issues of which contracting authorities and utilities should be aware.
06 January 2012
In this update we touch on a variety of current issues in procurement law including the role of environmental considerations in public procurement and the shape of public procurement for 2012. We also consider recent UK and EU case law.
20 December 2011
On 26 May 2011, amendments to the Privacy and Electronic Communications (EC Directive) Regulations 2003 came into force, requiring consent to be obtained for the storage of cookies on a computer or mobile device. The Information Commissioner’s Office has produced a half-term report with updated guidance on the current state of cookie compliance.
30 November 2011
Our competition law update for November 2011 discusses a number of recent developments including the OFT's revised guidance on the application of competition law to the farming sector; the European Commission's latest guidance on multi-jurisdictional mergers; and regulatory measures to be put in place in the pub sector to address concerns about "beer ties" raised by the Campaign for Real Ale.
31 October 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in October 2011.
28 October 2011
In this update we consider the recent rash of Northern Ireland cases (with some familiar names returning) on transparency of criteria. We also have another look at wider EU developments and UK procurement policy initiatives.
29 September 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in September 2011.
21 September 2011
Welcome to the Autumn 2011 edition of Concept, the news bulletin from Burges Salmon’s Intellectual Property and Technology Team.
16 September 2011
Government amendments to the Public Contracts Regulations 2006 (PCR); Utilities Contracts Regulations 2006 and the Defence and Security Public Contracts Regulations 2011 (the "Regulations").
26 August 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in August 2011.
18 August 2011
The new .xxx domain is intended for adult entertainment and related content. Brand owners outside the industry have until 21 October 2011 to apply to protect the use of their trade marks as an .xxx domain by using an ‘opt out’ blocking process.
11 August 2011
On 10 August 2011, the Office of Fair Trading (OFT) issued a decision following its long running investigation into the retail pricing of dairy products, imposing fines totalling £49.51 million on four supermarkets and five dairy processors. The decision constitutes another example of the OFT intervening in relationships between suppliers and their retailer customers.
10 August 2011
This briefing provides an update on the most recent developments in procurement law and provides practical guidance to help your organisation, whether you operate in the public or the private sector.
26 July 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in July 2011.
21 July 2011
Ongoing litigation concerning the procurement by Eurostar of new rolling stock from Siemens, rather than the supplier of its existing fleet Alstom, is continuing to clarify the law on procurement remedies. In a judgment on 13 July 2011 Mann J has clarified the rules on ‘ineffectiveness’ under the recently amended Utilities Contracts Regulations 2006.
04 July 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in June 2011.
14 June 2011
The much discussed Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 came in to force on 26 May 2011 implementing a 2009 EC Directive. They potentially impact all organisations who use cookies on their website.
09 June 2011
This article, featured in the PLC Outsourcing handbook 2011, outlines some of the key issues that companies should consider regarding the processing of personal information in UK outsourcing transactions.
09 June 2011
This briefing provides an update on the most recent developments in procurement law and provides practical guidance to help your organisation, whether you operate in the public or the private sector.
01 June 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in May 2011.
19 May 2011
Welcome to the Spring edition of Concept, the news bulletin from Burges Salmon's Intellectual Property and Technology Team.
03 May 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in April 2011.
11 April 2011
Download this PDF to read more about how our Procurement team can help you.
31 March 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in March 2011.
31 March 2011
Bribery Act team sheet
25 March 2011
In recent years, mounting concerns have been expressed at the state of English and Welsh libel law. In response to such concerns, the Government published a draft Defamation bill and accompanying consultation paper on 15 March 2011. The main proposed changes are set out in the attached briefing.
03 March 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in February 2011.
25 February 2011
_WinThis briefing provides an update on the most recent developments in procurement law and provides practical guidance to help your organisation, whether you operate in the public or the private sector.
23 February 2011
The European Commission has adopted two new block exemptions for Research and Development agreements and Specialisation agreements. They replaced the previous block exemptions from 1 January 2011 and contain transitional provisions for agreements that met the previous
criteria for exemption. The Commission has also published new guidelines (“the Guidelines”) for the assessment of horizontal co-operation agreements between competitors.
22 February 2011
The rules for product placement on British television will change from Monday 28 February 2011. Since the beginning of commercial broadcasts in the 1950s, there has been a general prohibition on paid-for product placement on television and radio programmes made in the UK but commercial references will now be permitted in films, drama and documentaries, TV series, entertainment shows and sports programmes. TV sponsorship rules have also been liberalised. Sponsors will be allowed to place products in the programmes they sponsor and their logos may appear briefly during programmes.
31 January 2011
Welcome to the Winter edition of Concept, the news bulletin from Burges Salmon's Intellectual Property and Technology Team.
27 January 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in December 2010 and January 2011.
16 December 2010
The meaning of an “endeavours” obligation has again been considered in the recent case of CPC Group Limited v Qatari Diar Real Estate Investment Company [2010] EWHC 1535 (Ch).
Has it provided any clarity?
16 December 2010
On 29 November 2010, the Government published its “Road Map” for UK corporate tax reform, announcing its proposals for significant changes to the taxation of Intellectual Property (IP). These proposals will be the subject of consultation and engagement with business and other interested parties, as part of a 4-year timetable for implementing the reforms through legislation.
30 November 2010
The Court of Appeal has given its judgement in the case of Veolia v Nottinghamshire CC. The Court, reversing the earlier decision of the Administrative Court, held that commercially sensitive information handed over to the Council was protected from disclosure.
26 November 2010
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in November 2010.
15 November 2010
Latest guidance on land agreements and competition law.
28 October 2010
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in October 2010.
15 October 2010
The Court of Appeal has ruled that privilege only applies to lawyers and not to accountants, even where the advice they give is legal or quasi legal in nature.
01 October 2010
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in September 2010.
17 September 2010
The European Court of Justice confirms that communications from in-house counsel are not protected by legal professional privilege in European Union competition investigations.
06 September 2010
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in August 2010.
26 August 2010
This briefing provides an update on the most recent developments in procurement law and provides practical guidance to help your organisation, whether you operate in the public or the private sector.
30 July 2010
This publication provides an overview of the key legal and policy developments in UK & EU competition law in July 2010. For further information, please contact your usual Burges Salmon contact or a member of our competition team.
20 July 2010
Welcome to the summer edition of Concept, the news bulletin from Burges Salmon's Intellectual Property and Technology Team.
05 July 2010
In a nutshell, the Digital Economy Act 2010 addresses a range of areas within the digital and communications industry, a sector which accounts for around 8% of GDP.
25 May 2010
On 1 June 2010, a new Block Exemption Regulation for vertical agreements will enter into force throughout the European Union, introducing important changes to the legal framework governing the distribution sector.
28 April 2010
The recent decision of the European Court of Justice in the Muller case provides useful guidance for developers and local authorities alike on when a development amounts to a “public works contract” for the purposes of the requirement to tender under EU procurement rules.
22 April 2010
Welcome to the spring edition of Concept, the news bulletin from Burges Salmon's Intellectual Property and Technology Team.
15 April 2010
The European Court of Justice (ECJ) has recently ruled that Google's sale of third-party registered trade marks as keywords through its Adwords service, and subsequent display of advertisements triggered by those keywords, is not use by Google of those trade marks in the course of trade (and so Google cannot be liable for trade mark infringement for such use).
13 April 2010
Businesses should now review their anti-corruption procedures to ensure protection against a new corporate offence introduced by the Act.
07 April 2010
The Equality Act has now become law and certain key provisions for service providers are expected to come into force in October 2010.
01 February 2010
Welcome to the winter edition of Concept, the news bulletin from Burges Salmon's Intellectual Property and Technology Team.
21 December 2009
A look at how DEFRA is attempting to clarify the waste permitting exemption regime. This article originally appeared in The In-House Lawyer.
21 December 2009
The Information Commissioner's Office (ICO) has launched a consultation on a new draft Code of Practice for organisations that gather personal information online.
17 December 2009
The Rome II Regulation1 contains specific provisions for Intellectual Property Rights (IPRs), to determine the applicable law in the event of a cross-border dispute occurring within the EC. It does not cover which court has jurisdiction over a particular case, but rather what law or laws it should apply.
14 December 2009
The Council of the EU has approved a Directive which will require internet users to consent to internet cookies. The new law has far-reaching - and potentially perverse - implications for consumers and businesses alike. This briefing provides information on how the Directive will affect consent requirements for cookies.
01 December 2009
It was recently reported that employees of T-Mobile have been selling details of customers' contracts to competitors. The details included telephone numbers and contract expiry dates. Customer lists are always a valuable asset for a business and in this case T-Mobile's competitors were allegedly willing to pay large sums of money for them. Click on the link to read more about the steps to take to prevent similar things happening to your business.
27 November 2009
On 1 December 2009 the controversial Treaty of Lisbon ("the Treaty") will enter into force. With a view to 'taking Europe into the 21st century' the Treaty will introduce arguably the most significant changes to the policies, powers and structure of the European Union since the Maastricht Treaty in 1992.
09 November 2009
The long awaited guidance from the OGC on the application of public procurement rules to development agreements was published on 16 October against the background of a number of significant decisions by the European Commission and the European Court of Justice, most recently Commission v Germany dated 29 October 2009. This briefing provides an overview of the principles set out in the decisions and comments on the OGC guidance.
23 October 2009
This article looks at nuisance, control of nuisance noise and associated health and safety implications for employers. The licensed trade sector is the focus of this article, as an industry traditionally linked closely to noise issues. However, similar principles will be applicable to many different sectors.
08 October 2009
The notion that standard form contracts help reduce procurement lead times and advisory costs is an article of faith in certain Whitehall circles – the argument being that we should avoid "reinventing the wheel" – but is this justified? Have the wheels come off the push for standardised contracting in PPPs?
05 October 2009
Are you ready to defend a hostile takeover offer for your company or are you considering launching a hostile bid for another company?
14 September 2009
On 20 August 2009, the OFT published its report on its market study into local bus services (the Report).1 In short, the OFT is minded to refer the local bus services market in Great Britain, excluding London, to the Competition Commission (CC). There now follows a period of public consultation, ending on 15 October 2009 after which the OFT will consider responses before reaching its final decision to refer or not.
02 September 2009
This briefing is intended to remind directors of the general duties owed by them to their company under sections 170 to 182 of the Companies Act 2006.
02 September 2009
The final implementation of the Companies Act 2006 (CA2006) takes place on 1 October 2009. This briefing looks at some of the main changes being introduced on that date and how those changes will apply to existing companies. It is one in a series of briefings which we have produced looking at the key implications of the CA2006.
31 July 2009
There have been a number of recent, high profile cases involving the loss of personal (often customer) data. This article gives some practical guidance to firms on how to minimise the risk of a data security breach. It also looks at the FSA's concerns on customer data security practice, gives a summary of the relevant rules and some examples of the FSA's enforcement activity in the area.
25 June 2009
The OFT has recently referred Stagecoach's acquisitions in Eastbourne (Eastbourne Buses and Cavendish) and Preston (Preston Bus). In Eastbourne, Stagecoach became the monopoly supplier as a result of the two acquisitions and, in Preston, Stagecoach increased its share to over 80% of the market. Whilst it is not perhaps surprising that the transactions were referred, this is the first time the OFT has referred a local bus services merger since Arriva / Sovereign in August 2004.
24 June 2009
This note takes a more detailed look at the OFT's decision regarding Stagecoach's acquisition of Preston Bus.
24 June 2009
This note takes a more detailed look at the OFT's decision regarding Stagecoach's acquisition of Eastbourne Buses/Cavendish Motor Services.
15 April 2009
A new European Regulation governing non-contractual international disputes came into force in January 2009. The "Rome II Regulation" (864/2007/EC) is intended to help Courts decide on the applicable law for an international dispute.
15 April 2009
Two employees of GE Healthcare have been awarded £1.5 million in compensation for making an invention of outstanding benefit. This is the first time a UK Court has made an award under Section 40 Patents Act 1977. This note examines the practical effect of the decision for innovative companies and the reasons for the decision.
24 March 2009
These slides accompany the Responding to the downturn webinar.
19 March 2009
We have identified some key questions we think you should consider to help your business survive and prosper in the downturn.
18 March 2009
This briefing looks at the Rome II Regulation (864/2007/EC) on the law applicable to non-contractual obligations came into force in January this year.
16 March 2009
This briefing examines the circumstances in which the protection afforded to unregistered trade marks against later trade mark
registrations can survive beyond actual use in the course of trade.
16 March 2009
News bulletin from our Intellectual Property and Technology Team
10 April 2008
Intellectual Property and Technology News
15 January 2008
Intellectual Property and Technology News
10 July 2007
Since the Commercial Agents (Council Directive) Regulations 1993 came into force on 1 January 1994, there has been significant doubt as to the correct basis on which commercial agents should be compensated upon the termination of their agencies. In the first case on this issue to reach the appeal Courts in England, the House of Lords handed down its long-awaited judgment in Lonsdale v Hallam on 4 July 2007. This has provided definitive guidance which will now form the foundation of all assessments of compensation where an agency relationship is governed by the Regulations.