Articles

Sports Brands: challenging counterfeiting and unauthorised goods

There are many challenges presented by counterfeit and unauthorised goods in the sports industry. Tom Collins, associate in the IP team at Stevens & Bolton, examines some of the high-profile cases in the industry and recent legal...

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Moving the loan goal posts: was a personal guarantee shown the red card?

Most lenders require corporate borrowers to provide security for a loan to protect their position should that borrower default under their loan transaction.  Lenders want as much “security” as they can get on any given transaction which...

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ICO confirms data controller fees for 2018

Although the registration process will be dispensed with under GDPR, the ICO has confirmed that data controllers will still be subject to fees next year, once the GDPR starts to apply. Under the existing law, controllers must (unless exempt) register with...

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Grey market sales - minimising the risk of liability

A recent ruling by the Supreme Court has confirmed that criminal sanctions apply to grey market sales. Tom Collins and Camille Arnold from Stevens & Bolton's IP team look at how retailers can minimise the risks of liability in an...

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European Medicines Agency relocation: preparing for Brexit

The vote on the European Medicines Agency (EMA) post-Brexit relocation is fast approaching and as a result there has been quite a lot of Brexit related activity recently, with some issues raising real concerns.   Relocation – where to next? ...

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Keeping it in suspense - the use and limits of Suspense Accounts

Matthew Padian, a Senior Associate in the Banking & Finance practice at Stevens & Bolton, has recently contributed an article to the Butterworths Journal of International Banking and Financial Law on the topic of suspense accounts. The right to open...

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How should retailers cope with the challenging market conditions in the lead up to Christmas?

Last week DFS revealed a sharp fall in pre-tax profits of 22.3% in the year to 29 July, despite the company having announced its acquisition of fellow sofa retailer Sofology and also having experienced an increase in revenue over the year. The chairman...

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Rebranding of High Court specialist courts - live from 2 October 2017

As of 2 October 2017, the High Court business specialist courts have rebranded. The Commercial Court, The Commercial Circuit Court (formerly the Mercantile Court), the Admiralty Court,  the Technology and Construction Court of the Queen’s Bench...

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ASA holds business responsible for non-compliant advertising by affiliates

The Advertising Standards Agency (ASA) has held a number of businesses liable for non-compliant advertisements published by their affiliate marketers. The cases serve as a clear reminder to businesses of the risks of incurring liability and negative...

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Another article on Artificial Intelligence

It is pretty much mandatory these days for law firms to write about the impact of artificial intelligence (AI).  We thought we would jump on the bandwagon, before it becomes entirely populated by robots.   In the life sciences sector, there are a...

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Update: Further Developments on the Health Services Medical Supplies (Costs) Act 2017

We previously wrote about the new Health Services Medical Supplies (Costs) Act ( see here ). This important Act paved the way for the Government to gain greater control over excessive pricing of health services medicines and greater access to information...

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Monarch enters administration - what protections are available?

On Monday 2 October, Monarch (the UK’s fifth largest airline) entered administration after discussions with the Civil Aviation Authority (“CAA”) to renew its licence to sell package holidays failed. The airline reported a loss of...

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Mind the gap - spotting the insolvency risks with particular features of a corporate transaction

Rebecca Walker, a Senior Associate in the Restructuring & Insolvency practice at Stevens & Bolton LLP, has recently contributed an article to the Autumn 2017 edition of RECOVERY . In this article, Rebecca considers the risks associated with...

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Employment appeal tribunal considers the burden of proof in discrimination cases

In the recent case of Efobi v Royal Mail Group Ltd the Employment Appeal Tribunal (“EAT”) looked at whether it is still the correct approach that the initial burden of proof is on the Claimant in cases of potential discrimination. The...

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UK Data Protection Bill published

The new UK Data Protection Bill (the Bill ) was published on 14 September 2017. The Bill is designed to be read in conjunction with the General Data Protection Regulation (the GDPR ) which comes into force on 25 May 2018. The Bill is due for its second...

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Monitoring employee's emails interfered with Article 8 privacy rights

In the case of Barbulescu v Romania , the Grand Chamber of the European Court of Human Rights (“ECtHR”), has found that the monitoring of Mr Barbulescu’s Yahoo Messenger communications infringed his Article 8 privacy rights. This decision...

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Injury to feelings: Vento bands increased

The President of the Employment Tribunals has recently confirmed an increase in the compensation bands (known as the Vento bands) awarded for injury to feelings in discrimination cases.  In discrimination claims, claimants can seek an award for injury...

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Bank's attempt to point finger at project monitor fails because its wider lending decisions were botched

In this update Caroline Carmichael and Jonathan Porteous consider the recent case of Bank of Ireland & Anor v Watts Group Plc , in which the High Court rejected the bank’s claim that a monitoring surveyor was negligent when reporting on a...

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European Commission takes robust position on intellectual property

On 6 September 2017 the EU Commission published its Position Paper on Intellectual Property for the purposes of the Brexit negotiations. Its primary focus is on ensuring that existing holders of EU IP rights (whether based in the remaining EU27 states or in...

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CAP to issue new standards on gender stereotyping in advertising

The Committee of Advertising Practice (CAP) will issue new standards on gender stereotyping in advertising. These will aim to address concerns about the harmful effects that gender stereotyping can have on children, young people and adults. The CAP...

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Supreme Court Rules on Conflicting Contractual Standards

In MT Højgaard A/S v E.ON Climate and Renewables UK, the Supreme Court has found the contractor liable to comply with a more onerous “fitness for purpose” obligation contained in a technical schedule despite less onerous obligations...

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Costs risk on serving a statutory demand - a cautionary tale from the Court of Appeal

In Dunhill v Hughmans (A Firm) [2017] EWHC 2073 (Ch ), the Court of Appeal held that the appellant (Dunhill) was entitled to be paid her costs for her successful application to set aside a statutory demand served on her by Hughmans.   The Facts Ms...

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Anna Perry Interview

In this bulletin we interview Anna Perry, who recently joined Stevens and Bolton’s Restructuring and Insolvency practice as a Senior Associate.   Anna trained at Clifford Chance LLP and spent almost five years in its Restructuring and Insolvency...

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Trade marks: Supreme Court confirms that criminal sanctions apply to grey market sales

A person selling fake branded goods not only risks a civil action for trade mark infringement but may also commit a criminal offence punishable by up to ten years imprisonment or a substantial fine (S.92 Trade Marks Act 1994). In the case of companies, the...

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Andrew Dodds Interview

In this bulletin we interview Andrew Dodds, Managing Associate in the Banking & Finance team at Stevens & Bolton LLP. Andrew trained at the international law firm, Freshfields Bruckhaus Deringer LLP, and joined their structured finance team on...

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How far can a garage go in using the marque?

A brand owner cannot prevent an unauthorised dealer or maintenance service from using its registered trade mark to indicate that it sells or repairs the branded goods or that it is a specialist in such goods. However, if it goes further and uses the trade...

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"Not small beer: challenging collection fees charged by asset based financiers"

Many asset based lenders charge collection fees as part of making available asset based facilities to companies.    What is asset based lending / invoice discounting? Asset based lending (more particularly, invoice discounting) is a financing...

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New rules on portability of online content services

Many online content services such as Netflix and Spotify already provide the facility for subscribers to access the service from abroad. This will become a legal requirement within the EU from 20 March 2018 under new EU rules (Regulation 2017/1128). The new...

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Pharmaceutical patents: High Court strikes out health service claim for compensation

In a decision handed down on 2 August 2017 the High Court has held that alleged fraudulent misrepresentations made by Servier during prosecution and enforcement of a patent relating to the anti-hypertensive prescription drug perindopril (Coversyl) did not...

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UK Government sets out its position on civil judicial cooperation post Brexit

On 22 August 2017 the UK Government published its position paper on judicial cooperation between the UK and the EU after Brexit. IP Partner Tom Lingard and IP PSL Astrid Arnold discuss the issues. Where commercial arrangements operate across borders it is...

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