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Copyright: Online platform operators’ liability for users illegally uploading copyright material
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
Read moreToo many cooks… 'Fit Kitchen' trade mark infringed
On 29 July, Fit Kitchen Limited (FKL) won its case for trade mark infringement and passing off against Scratch Meals Limited (SML). Both FKL and SML provide healthy pre-prepared meals: FKL via an online subscription site, which allows users to customise meal choices, based on their individual macros and dietary preferences and SML, through the manufacture and sale of products to supermarkets.
Read moreBritish Gymnastics lands well in trade mark infringement proceedings
The national governing body (NGB) for Gymnastics in Britain has succeeded in trade mark infringement and passing off proceedings against an organisation using the sign “UK Gymnastics”, in a Judgment which is likely to assist several Sport England and UK Sport-funded NGBs. In particular, it shows how to deal with organisations using signs which suggest they are an NGB (when they are not).
Read moreSega’s early win against Man Utd in Football Manager trade mark case
As first published by leading sports law resource LawInSport, Jeremy Drew and Samuel Coppard discuss Man United’s trade mark infringement proceedings against Sega and Sports Interactive in relation to Football Manager.
Read more'Nosecco' is a no-no, says the High Court
In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.
Read moreLuxury and online marketplaces - the next chapter (Coty v Amazon)
On 2 April 2020, the CJEU ruled that storing infringing goods on behalf of a third-party seller, without knowing that those goods infringe trade mark rights does not constitute infringement, provided that the storing party does not pursue the aim of offering the goods for sale or putting them on the market.
Read moreLandmark case sees trade mark specifications cut down on grounds of bad faith.
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.
Read moreCOVID-19 prompts changes to working arrangements for the Court of Justice of the European Union
Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.
Read moreEUIPO issues clarification on COVID-19 extension of time for trade mark and design proceedings
The EUIPO has issued a clarification in respect of Decision No EX-20-3 noting that the extension of deadlines in trade mark and design EUIPO proceedings to 1 May 2020 applies automatically.
Read moreSo Long Blues
Following our previous IP hub update, Glaxo has suffered fresh survey woes.
Read moreICO publishes updates to its guidance on Transfer Risk Assessments
How will recent updates to the Information Commissioner’s Office’s (ICO) guidance on Transfer Risk Assessments (TRAs) affect how UK organisations conduct their TRAs?
Read moreDepartment for Science, Innovation and Technology consults on proposed data infrastructure statutory framework
What statutory obligations could the Department for Science, Innovation and Technology’s (DSIT) proposed statutory framework impose on UK data centre providers?
Read moreICO launches consultation series on generative AI and data protection
What is the Information Commissioner’s Office’s (ICO) intended approach to developing guidance on how data protection law should be applied to the development and use of generative AI?
Read moreCJEU rules on what constitutes “automated decision-making” under the GDPR
Does the production of a credit score constitute “automated decision-making” for the purposes of Article 22 of the EU General Data Protection Regulation (GDPR)? What wider impact will this have for AI technologies?
Read moreICO warns UK’s most visited websites to improve cookie choices
What steps is the ICO taking to ensure that website cookie banners are compliant with law?
Read moreICO fines HelloFresh £140,000 after 7-month spam marketing campaign
Where did HelloFresh go wrong with their email and text marketing campaign and what lessons can be learned from the ICO’s investigation and subsequent fine?
Read moreNew ICO guidance on content moderation and data compliance
How can organisations using content moderation technologies and processes best comply with data protection laws?
Read moreEDPB adopts opinion on “main establishment” of a controller in the EU
What is meant by “main establishment” under article 4(16)(a) of the GDPR for the purposes of determining the application of the one-stop-shop mechanism?
Read moreNew Development: EU Data Act published in Official Journal
The EU Data Act (the Act) came into force on 11 January 2024. The Act sets out rules regarding the fair access to and use of data, aiming to enhance the data economy for individuals and businesses by overcoming barriers to data sharing and establishing frameworks around data access and use.
Read moreRetail Compass Spring 2024
Welcome to the Spring edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting retailers and consumer brands and provide our thoughts on those crucial, need-to-know issues.
Read moreNavigating the impact of AI on work: challenges, opportunities, and the human touch
The fear of job losses because of technology and automation, including artificial intelligence, has been with us since the 1960s. For some time, academics have predicted the decline of routine, rules-based and process-driven roles.
Read moreThaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'
To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.
Read more12 top tips for using AI in retail and consumer businesses
Last year, we set out our top ten tips for retailers entering the metaverse. This year, AI is the hot topic in retail and pretty much everywhere else! AI is redefining the retail and consumer industry. It can improve consume engagement, aid decision-making, curate tailored promotions, improve efficiencies, and reduce costs. So what do retailers and consumer bran need to be mindful of when deploying AI?
Read moreICO issues preliminary enforcement notice against Snap for its “My AI” Chatbot
How can organisations who wish to join to the world of generative AI ensure that they adequately assess the risks from the perspective of the Information Commissioner’s Office (ICO)?
Read moreNew Development: EDPB provides clarification on tracking techniques covered by the ePrivacy Directive
On 14 November 2023, the European Data Protection Board (EDPB) adopted a set of new guidelines (the Guidelines) on the technical scope of Article 5(3) of the ePrivacy Directive (the ePD).
Read moreICO publishes guidance to ensure lawful monitoring in the workplace
How can employers monitor their workers whilst maintaining their trust and complying with data protection regulation?
Read moreClearview AI cleared of £7.5m ICO fine for processing data outside the UK
Just how did the processing of personal data by Clearview AI (Clearview) fall outside the scope of UK GDPR?
Read moreICO publishes its draft “Data Protection Fining Guidance” for public consultation
How will the Information Commissioner’s Office (ICO) calculate the amount of a fine under the UK GPDR and the Data Protection Act (DPA) 2018?
Read moreEU Advocate General’s opinion on data subjects’ rights to compensation for non-material damage under the GDPR
Does the theft of an individual’s sensitive personal data by a wrongdoer give rise to compensation for non-material damage under Article 82 EU General Data Protection Regulation (GDPR), if the wrongdoer has not used, or taken steps to use, the sensitive personal data for any purpose?
Read moreRetail Compass Autumn 2023
Welcome to our Autumn edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.
Read moreEU AI ACT-ion stations
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.
Read moreWhat To Know About AI Fraudsters Before Facing Disputes
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.
Read moreAI and ChatGPT in Law firms
First published by 39 Essex Chambers, in this episode Patrick Brodie, Head of Employment, Engagement and Equality at law firm, RPC, discusses with Katherine Apps KC the issues raised by the use of large language models (LLMs) such as ChatGPT in a law firm environment.
Read moreICO updates its guidance on AI and data protection
What are the key data protection principles which the Information Commissioner’s Office (ICO) expects organisations to follow when integrating AI into their product and service offerings?
Read moreUnlocking Generative AI’s Potential: Ethics, Creativity, and Impact
What if you could unlock the full potential of Generative AI and its impact on your life and company?
Read moreThe "Unicorn Kingdom's" AI White Paper
The UK's pro-innovation AI White paper has been published. It landed almost simultaneously with an open letter from the Future of Life Institute which called for a six-month halt in work on AI systems more powerful than the generative AI system: GPT-4.
Read moreSports Ticker (27 April 2023) – PL gambling sponsor ban, WWE x UFC merger and Schumacher's AI interview – a speed-read of commercial updates from the sports world
In a fortnight which saw Corach Rambler win the Grand National, the UK & Ireland submit its bid to host the UEFA Euro 2028 men's tournament, and 48,000 runners take to the streets for the London Marathon, we bring you updates on Spotify's new integration with Strava and Team GB's collaboration with Birds Eye. We also feature stories on a controversial AI-generated interview with Michael Schumacher and our own Kate O'Malley's sub-three hour marathon success.
Read moreRetail Compass Spring 2023
Welcome to our Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.
Read moreUnderstanding and managing the risks in artificial intelligence (AI) technology projects
How do you go about managing the risks and challenges that might arise during the deployment of AI technology?
Read moreRPC reacts to UK Government White Paper on AI
RPC reacts to UK Government White Paper on AI
Read moreWhat if the CEO asks me about... using Artificial Intelligence in our Retail stores?
The term "artificial intelligence" (AI) describes a range of technologies that enable machines to perform tasks that typically require human intelligence, such as the ability to comprehend, act and learn.
Read moreICO publishes guidance on AI decision making
How can companies comply with data regulation when using AI to make decisions affecting individuals?
Read moreLawyers Covered - June 2024
It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the March edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.
Read moreCompulsory mediation in small claims: a quick guide for the busy lawyer
A new pilot scheme requiring parties in money claims valued at up to £10,000 to take part in a compulsory free one-hour mediation appointment, provided by HMCTS' Small Claims Mediation Service – before the claim can then proceed to Court if no settlement is reached.
Read moreLawyers Covered - May 2024
It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the May edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.
Read moreMoney Covered: The Week That Was – 10 May
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreMoney Covered: The Week That Was – 3 May
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreLawyers Covered - April 2024
It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the March edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.
Read moreMoney Covered: The Week That Was – 26 April
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreMoney Covered: The Week that Was - 19 April
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
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