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  • Vexed vexillologists: New battleground on Amazon listings (Brands & IP Newsnotes - issue 6)

    13 October 2017

    The UK’s Intellectual Property Enterprise Court recently found in favour of a brand whose Amazon listing had been high-jacked by a competitor. In very simple terms, manufacturers can create listings for their products on Amazon. Third parties can then add themselves to those listings, and whoever offers the cheapest price is automatically presented as the seller.

  • Watching out for individual character (Brands & IP Newsnotes - issue 6)

    13 October 2017

    The EU General Court has dismissed an action to invalidate a Registered Community Design held by Nike for electronic wristbands. The case serves as a useful reminder of the principles to be applied in assessing whether a design has sufficient individual character to be registered.

  • Equivalent ways to infringe a patent (Eli Lilly v. Actavis) (Brands & IP Newsnotes - issue 6))

    13 October 2017

    The Supreme Court has had to determine to what extent courts should depart from the literal wording of a patent claim and consider whether equivalent means to those literally specified in the claim would infringe a patent.

  • Ask About … Retail, Fashion & Hospitality

    11 October 2017

    Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Lucy...

  • When does a chat with competitors become illegal?

    09 October 2017

    We all have discussions with counterparts in our industries. Those conversations are often vital to share knowledge, address common issues, and lobby for change. However, conversations with competitors can easily stray into dangerous territory, leading to potentially cartel behaviour.

  • International data transfers - are model clauses now under threat?

    05 October 2017

    Many of you will remember Max Schrems, the Austrian law student who in 2015 successfully brought a case to the European Court of Justice (“ECJ”) that resulted in the “safe harbor” - the agreement that allowed the transfer of EU citizens’ data to the US - being declared invalid.

  • Establishing a business presence in the UK

    02 October 2017

    If you are a non-UK corporate body and you wish to establish a business presence in the UK, this brief guide covers the main issues you need to consider. Establishing an operating subsidiary, branch or other business presence in the UK is a straightforward process, and can be achieved very quickly and at minimal cost.

  • Brexit: from a slow drip to a full-on leak

    27 September 2017

    On 5 September 2017, the Home Office Post-Brexit Immigration Document was leaked to the public. The document – the exact publication date of which we do not know – provides a screenshot of government policy towards EU nationals and their non-EU family members. The document talks about how those individuals will be affected at three separate stages: (1) those in the UK ‘before exit’, (2) those who come to the UK during the ‘implementation phase’, and (3) those who arrive ‘after the implementation period’.

  • Court of Appeal orders Hong Kong’s Immigration Department to accommodate same-sex partners as dependants

    26 September 2017

    In a unanimous decision made on 25 September, the Court of Appeal ruled that the Immigration Department’s refusal to issue a dependant visa to the lesbian civil partner of a British expat was not rational.

  • Employee liability information is not limited to contractual matters

    25 September 2017

    The Employment Appeal Tribunal (“EAT”) has ruled that the employee liability information (“ELI”) that a transferor is required to provide under regulation 11 of TUPE is not limited to contractual entitlements. In addition, the EAT decided that there is no obligation on the transferor to set out whether any entitlement is contractual or not.

  • TUPE and collective agreements - static vs dynamic debate revisited

    25 September 2017

    A judgment of the European Court of Justice (“ECJ”) in a German case has reconsidered the effect of a TUPE transfer on employment terms governed by a collective agreement. The issue to be determined was whether, once a business had transferred, the new employer was compelled to apply the terms and conditions arising from collective agreements adopted after that transfer.

  • Autonomous Vehicles and the Built Environment

    25 September 2017

    Self-driving cars are on their way. The trailblazers (Tesla, Google, Uber) are conducting increasingly sophisticated tests in real-world conditions. The traditional car makers (General Motors, BMW) are acquiring start-ups or partnering with established tech companies to boost their capabilities. Ford recently promoted the head of its smart mobility unit to chief executive and aims to have a mass market fully autonomous car by 2021.

  • Service provision changes – determining principal purpose of organised grouping

    25 September 2017

    The EAT has given guidance on the correct approach to determining the “principal purpose” of an organised grouping of employees within the meaning of the service provision change (“SPC”) rules under TUPE.

  • Gender pay gap reporting – the story so far

    25 September 2017

    It’s a little over five months since the first “snapshot date” of 5 April 2017 and less than seven months before the final deadline for employers with 250 or more UK staff to publish their first ever gender pay gap reports without incurring the wrath of the Equality and Human Rights Commission. This seems as good a point as any to ask the question “Where are we now?”

  • Automatic transfer of employees applies on ‘pre-pack’ sale

    25 September 2017

    The European Court of Justice (“ECJ”) has confirmed that, in the event of a “pre-pack” sale aimed at rescuing all or part of an insolvent undertaking as a going concern, EU transfer of undertakings law requires that the employees automatically transfer. This is consistent with the position in the UK under TUPE.

  • Illegal working penalties released; name, shame and make them pay

    25 September 2017

    The ONS has released the illegal working civil penalties data for the first quarter of 2017. The revenue raised was £5,900,000, prior to any adjustment following objections to the penalties. Given the population difference, it is not surprising that London and the South East had the highest number of penalties applied and illegal workers found but there were still large numbers issues in the Midlands and North West as well.

  • Bid to object to transfer fails because TUPE did not apply

    22 September 2017

    The High Court has considered an employee’s attempt to escape a lengthy period of garden leave by objecting to a TUPE transfer when his employer was going through a change in ownership. This was a creative attempt by the employee to avoid his contractual notice obligations, but he ultimately failed due to the lack of one key ingredient - a TUPE transfer.

  • Gimme 5

    22 September 2017

    A series of five hints, tips and thoughts to help keep your sponsor licence healthy.

  • April 2017 changes

    22 September 2017

    In April we saw the introduction of the Government’s much heralded immigration skills charge. The charge is in essence a penalty fee payable by Tier 2 sponsors for relying on non-resident rather than local workers.

  • New guidance published for employers conducting right to work checks

    22 September 2017

    In August we also saw the publication of amended Home Office guidance for employers conducting right to work checks. Here are some of the highlights:

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