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.
17 February 2010
Are confidentiality clauses effective to protect the confidential information of private contractors engaged in the provision of services to local authorities such as recycling, energy recovery, complying with landfill obligations, payroll, facilities management or office services?
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?
08 October 2009
In this article we look at the range of Islamic Finance products offered by UK banks for home and commercial property finance and explain how they work. This article first appeared in Property in Practice.
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.