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Perspective - Blog

Reimbursement of Maternity Leave Pay Scheme in Hong Kong

Published on 12 Apr 2021. By Andrea Randall, Partner

Hong Kong's statutory maternity leave has been extended from 10 weeks to 14 weeks with effect from 11 December 2020. From 1 April 2021, the Hong Kong Government has started accepting applications to reimburse employers' payment in respect of the extended period of maternity leave.

Perspective - Blog

COVID 19 Your workforce: What on earth is "furlough"?

Published on 24 Mar 2020. By Kelly Thomson, Partner, ESG strategy lead and Patrick Brodie, Partner

Meaning of furlough, especially in the context of companies dealing with the impact of COVID-19.

Perspective - Blog

COVID-19 Your workforce: pay and costs - practical ideas our clients are exploring

Published on 24 Mar 2020. By Patrick Brodie, Partner and Kelly Thomson, Partner, ESG strategy lead

COVID-19 Your workforce: pay and costs - practical ideas our clients are exploring. These are extraordinary times that place extraordinary pressures on all of us, including dealing with your workforce. We set out below some ideas that we are hearing about from our clients and some areas you may wish to think about in terms of your employee costs.

Perspective - Blog

COVID-19 Your workforce: supporting mental health when home working

Published on 24 Mar 2020. By Kelly Thomson, Partner, ESG strategy lead and Patrick Brodie, Partner

COVID-19 Your workforce: supporting mental health when home working. Many of us are working from home during this crisis and while this can be an effective way of working for some, it is less happy for others; loneliness, caring for vulnerable dependants and challenging home environments are all being experienced. There may be members of your teams who fall into these categories.

Perspective - Blog

McDonald's BIG MAC trade mark – General Court gives decision on evidence of genuine use

Published on 30 Jul 2024. By Ciara Cullen, Partner and Emma Dunnill, Senior Associate and Harpreet Kaur, Associate

In a decision that, practically, provides for only a tiny loss of protection for the behemoth brand and trade mark, on 5 June 2024 the European General Court (General Court) partially revoked McDonald's BIG MAC trade mark (the EUTM) in the EU (Supermac's (Holdings) Ltd v EUIPO (Case T 58/23)).

Perspective - Blog

Ginfringement: Success for M&S in the Court of Appeal in registered design spat with Aldi

Published on 15 Mar 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

M&S and Aldi's gin bottle battle over design rights has reached a conclusion (for now) as the Court of Appeal has unanimously upheld the IPEC's decision that Aldi's bottle infringed M&S' design.

Perspective - Blog

Clear as gin: M&S and Aldi take liquor bottle battle to the Court of Appeal

Published on 26 Jan 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

Intellectual property enthusiasts' favourite supermarket adversaries were back at loggerheads this week as M&S and Aldi appear before the Court of Appeal. The pair sought to thrash out a first instance decision handed down in the Intellectual Property Enterprise Court (IPEC) regarding alleged infringement of M&S' registered design rights in a gin bottle.

Perspective - Blog

M&S v Aldi – lookalike claims lit up by design rights

Published on 24 Mar 2023. By Ciara Cullen, Partner and Harpreet Kaur, Associate

As lookalike products rise in prominence, the Intellectual Property Enterprise Court's (IPEC) recent ruling that the sale and advertisement of Aldi's 'Infusionist' range of favoured gins infringed M&S's UK registered designs protecting the light-up bottles containing its 'Snow Globe' gin range (Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178) highlights the utility of registered design rights in circumstances where other intellectual property rights (IPR) are often less able to provide protection.

Perspective - Blog

Lookalikes and passing off—bottle design get-up claim (Au Vodka)

Published on 07 Nov 2022. By Ciara Cullen, Partner and Sarah Mountain, Partner and Samuel Coppard, Senior Associate

Currently there's significant activity in the lookalikes space. The Au Vodka claim (Au Vodka v NE10 Vodka [2022] EWHC 2371), which focuses on bottle design 'get-up', arrived in the courts for an interim injunction hearing in September 2022. Au Vodka's application was dismissed. The judgment shows that passing off—get-up claims based on shape can be challenging to bring, particularly at the interim stage, and prompts the question of whether it's possible to bring Cofemel and copyright into the lookalikes arena.

Perspective - Blog

Sky Kick Back! High Court finding of bad faith overturned by Court of Appeal in long-running Sky v Skykick saga

Published on 09 Aug 2021. By Ben Mark, Partner and Sarah Mountain, Partner

On 26 July 2021, the Court of Appeal (CoA) handed down its much-anticipated decision in the latest instalment of the Sky v Skykick trade mark dispute.

Perspective - Blog

William Grant & Sons v Lidl: where to be-gin?

Published on 16 Jun 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner

On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

Perspective - Snapshot

Copyright: Online platform operators’ liability for users illegally uploading copyright material

Published on 02 Nov 2020. By David Cran, Partner, Head of IP & Tech

C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion

Perspective - Blog

Landmark case sees trade mark specifications cut down on grounds of bad faith.

Published on 29 Apr 2020. By Ben Mark, Partner and Sarah Mountain, Partner

Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.

Perspective - Blog

COVID-19 prompts changes to working arrangements for the Court of Justice of the European Union

Published on 09 Apr 2020. By Louise Morgan, Senior Associate

Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.

Perspective - Blog

EU AI ACT-ion stations

Published on 29 Sep 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner

The EU is forging ahead with its vision for AI. With wrapping up talks on the EU AI Act between the EU governments, the Commission and the parliamentary negotiators imminent, we bring you up to date on the EU's risk based approach, the scope of the Act, a timeline, key points that will form the basis of the discussions and next steps.

Perspective - Blog

What To Know About AI Fraudsters Before Facing Disputes

Published on 29 Aug 2023. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

Fraudsters are quick to weaponise new technological developments and artificial intelligence is proving no exception, with AI-assisted scams increasingly being reported in the news, including most recently one using a likeness of a BBC broadcaster.

Perspective - Snapshot

ICO publishes guidance on AI decision making

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

How can companies comply with data regulation when using AI to make decisions affecting individuals?

Press and Media

Leading media litigator Lindsay Warwick joins RPC as Partner

Published on 15 Jan 2024. By Lindsay Warwick, Partner

International law firm RPC announced today that Lindsay Warwick, a leading media litigator, joins as Partner. An already powerful bench of over ten media litigators, the appointment cements the firm's reputation as having the UK's leading media defence practice.

Perspective - Publication