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RPC Bites #23 - Northern Ireland Protocol breakthrough, victory for the UK organics sector and eco faux pas for Gousto

Published on 17 Dec 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

RPC Bites #22 - Brexit tips with 30 days to go, ASA rulings and farming subsidy reforms

Published on 03 Dec 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Know where you stand

Published on 25 Nov 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Whether you’re just starting out or launching a new beer, there are a wealth of intellectual property issues to consider in the world of brewing. Here, Ciara Cullen and Ben Mark, outline those do’s and don’ts, the changing brewing landscape and how to thrive in 2021 and beyond.

European Parliament votes on plant-based food labels

Published on 25 Nov 2020. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

On 23 October 2020, the European Parliament voted on proposed amendments to the Common Agricultural Policy (CAP) which would affect how plant-based products can be labelled in the EU.

RPC Bites #21 – burgers, Brexit and bans for online ads

Published on 20 Nov 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

CMA launches Investigation into green claims

Published on 20 Nov 2020. By Sophie Tuson, Senior Associate and Ciara Cullen, Partner

The CMA, the UK's consumer watchdog, has launched an investigation into environmental claims made by businesses to promote their products.

RPC Bites #20

Published on 06 Nov 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Neat infringement claim leaves whiskey competitor’s trade mark on the rocks

Published on 02 Nov 2020. By Ciara Cullen, Partner and Ben Harris, Associate

The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.

RPC Bites #19

Published on 20 Oct 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

RPC Bites #18

Published on 08 Oct 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

RPC Bites #17

Published on 24 Sep 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

RPC Bites #16

Published on 10 Sep 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

CBD products no longer ex-hemp from regulation

Published on 02 Sep 2020. By Sarah Mountain, Partner

In recent years, there has been a surge in demand for food and drink products containing cannabidiol (CBD). Popular items have ranged from oils with added CBD to CBD-infused chocolate and kombucha. With the market experiencing double digit growth year on year and a recent spike in demand during 'lockdown', UK consumers continue to demonstrate ever greater interest in CBD products. But with new regulatory requirements on the horizon, are things about to change?

RPC Bites #15

Published on 26 Aug 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

RPC Bites #14

Published on 07 Aug 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

RPC Bites #13

Published on 21 Jul 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

VAT'll do nicely – temporary VAT rate cut to boost hospitality and tourism sectors

Published on 13 Jul 2020. By Ben Roberts, Partner

Last week, as part of efforts to boost the UK economy in light of the Covid-19 pandemic, the Chancellor announced a temporary (6 month) cut in the rate of VAT for certain supplies of hospitality, hotel and holiday accommodation, and admissions to certain attractions.

RPC Bites #12

Published on 08 Jul 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

'Nosecco' is a no-no, says the High Court

Published on 01 Jul 2020. By Ciara Cullen, Partner and Sarah Mountain, Partner

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.

RPC Bites #11

Published on 24 Jun 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

Beware the desire to "make hay while the sun shines" – the ASA warns marketers to "think very carefully" before making COVID-19 claims

Published on 17 Jun 2020. By Sarah Mountain, Partner and Samuel Coppard, Senior Associate

There is no denying the recent popularity of health and wellness trends: As at the end of 2018, the market had an estimated global value of $4.2 trillion. During the current climate, it has understandably gathered even more traction, with consumers increasingly concerned about obtaining and maintaining healthy bodies and minds.

RPC Bites #10

Published on 10 Jun 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

RPC Bites #9

Published on 29 May 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner

At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.

Carluccio's serves up a rescue recipe

Published on 28 Apr 2020. By Paul Bagon, Partner and Olivia Whitehead, Hospitality & Events Executive

On Friday 24 April, RPC hosted a 30 minute webinar on the interaction of furloughing and insolvency law.

Food & Beverage

With experience across the food and drink supply chain, we understand the challenges you face. Partner with us to protect your interests and gain a competitive advantage.

New Development: National Cyber Security Centre warns AI is likely to heighten global ransomware threat

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

The National Cyber Security Centre (NCSC), part of GCQH, has published a report on the “near-term impact of AI on the cyber threat” over the next two years, which concludes that: (i) AI is already being used in cyber activity in a malicious way; and (ii) the volume of cyber attacks and the global ransomware threat are likely to be heightened over the next two years.

UK Supreme Court rejects AI as “inventor” under the Patents Act

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the scope and meaning of “inventor” in the UK’s patent framework, and will it accept an AI machine as being the sole inventor?

Court of Appeal holds Samsung liable for trade mark infringement by third-party apps

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Can online platforms be liable for trademark infringement by third-party apps?

The new EU Digital Operational Resilience Act (DORA)

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What can financial services entities and ICT providers expect from DORA and what do they need to do prepare for it?

What the AI is going on… December 2023 to March 2024

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Google launched its newest GenAI, Gemini Nano. Designed specifically for mobile phones it presents new competition to market leaders OpenAI. Gemini Nano will allow AI apps that operate offline as opposed to only on servers and provide improved privacy for users.

UK Government publishes response to AI White Paper consultation

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What approach has the UK Government’s adopted in its response to the consultation on the AI regulation White Paper (the White Paper)?

Snapshots Spring 2024

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Express and implied good faith obligations and relational contracts

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

Did an express or implied general duty of good faith arise under a relational contract between parties who were also competitors?

Interest clauses – displacing the courts’ wide discretionary powers to award interest on debt or damages

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

What is the courts’ approach to awarding statutory interest when a contract provides for contractual interest.

Incorrect invoicing – claiming the difference between sums mistakenly invoiced and sums correctly due under agreement terms

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

When a supplier invoices a lower sum than the figure due under the agreement, can the customer defend a claim in debt based on incorrect invoicing?

SPA breach of warranty claim – interpreting a no material adverse change warranty

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

How will the courts assess an alleged breach of a warranty that there had been no material adverse change in the financial prospects of a company?

Exclusion clauses - loss of profits and wasted expenditure

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

What factors does the court take into account when construing an exclusion clause that covered loss of profits and wasted expenditure, and how does the court approach arguments on whether UCTA applies where the parties are dealing on standard terms of business that have been subject to some negotiation?

Excluding statutory implied terms – inequality of bargaining power considerations

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

In what circumstances is it reasonable to exclude the statutory implied term as to quality?

Snapshots Winter 2023

Published on 12 Dec 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Snapshots Autumn 2023

Published on 25 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Snapshots Summer 2023

Published on 07 Jul 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Ethics in the age of AI: new Institute of Directors checklist

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are the key considerations for boards regarding the ethical use of AI within their companies based on the Institute of Directors’ (IoD) Checklist for Boards (Checklist)?

Government White Paper sets out UK approach to AI regulation

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How is the UK Government looking to regulate AI?

Digital Markets, Competition and Consumers Bill opens door for stricter regulation of news platforms

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How might the proposed Digital Markets, Competition and Consumers Bill (the Bill) affect news reporting by digital platforms?

Snapshots Spring 2023

Published on 31 Mar 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

DCMS publishes new Code of Practice for app developers and app store operators

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

What do app developers and app store operators need to do to comply with the new Code of Practice published by the Department for Digital, Culture, Media and Sport (DCMS)?

New Metaverse regulation proposal to be discussed by EU Commission

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

How does the European Commission (EC) intend to regulate the Metaverse?

Online Safety Bill: Latest amendments increase focus on children safety

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

What is the focus of the latest round of amendments proposed to the Online Safety Bill and how will these impact online platforms?

Snapshots Winter 2022

Published on 23 Dec 2022. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.