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Helen Yost

Senior Associate

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What in the AI is going on… April to June 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Meta launched its newest generation of its open-source LLM (large language model), Llama 3, which is the technology that powers its AI systems. The launch of Llama 3 signals a step closer to human-like AI that can reason and bestow a memory. OpenAI also discussed plans for its next AI model, GPT-5. Like Llama 3, GPT-5 will see improvements to the model’s planning and reasoning capabilities, going beyond its current capability to deal with discrete tasks. GPT-5 is expected to be released later in the year.

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CMA publishes update paper on AI Foundation Models

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the state of play for the market of AI Foundation Models (FM) and what issues in the market is the Competition and Markets Authority (CMA) most concerned about?

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EU AI Act is signed!

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the core elements of the EU’s Artificial Intelligence Act and how does it impact the regulation of AI systems?

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Online Safety Act: Ofcom consults on draft codes to protect children online

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What must businesses do to ensure online safety for children under the latest codes of practice published by Ofcom?

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UK’s Digital Regulation Co-operation Forum announces new AI and Digital Hub Pilot

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the AI and Digital Hub and how can AI innovators use it?

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EU designates Apple a gatekeeper for iPadOS but not for iMessage

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Can a business avoid being designated a “gatekeeper” under the Digital Markets Act (DMA) even if it satisfies the quantitative criteria under the DMA?

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New EU guidelines on mitigating risks for electoral

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the European Commission’s new guidelines and how do they protect the integrity of electoral processes?

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Hong Kong Employment Law Update: Mandatory Provident Fund offsetting mechanism to be abolished after decade-long debate and campaigning

Published on 24 Jun 2022. By Andrea Randall, Partner and Lillian Wong, Associate

Following on from our brief update published on 9 June 2022, this article provides a detailed overview of the amendments put forward by the long-awaited Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill 2022 (the "Bill"), which was finally passed by the Legislative Council on 9 June 2022. The main feature of the Bill is the abolishment of the offsetting mechanism of the Mandatory Provident Fund ("MPF").

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Hong Kong Wage Subsidy Update – Government announces new round of Employment Support Scheme

Published on 27 Apr 2022. By Andrea Randall, Partner and Lillian Wong, Associate

The Government has at last finalized the details of the new round of Employment Support Scheme ("2022 ESS"). The purpose of the 2022 ESS to offer limited time financial support to small and medium-sized enterprises through providing wage subsidies to encourage enterprises to increase employment and to retain employees who would otherwise be made redundant.

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Increased penalty for employers who employ overstayers

Published on 29 Nov 2021. By Andrea Randall, Partner

Immigration (Amendment) Ordinance 2021 (“IAO”)

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Hong Kong's Legislative Council to consider Cancellation of MPF Offsetting

Published on 06 Oct 2021. By Andrea Randall, Partner

Under the Employment Ordinance, employers can offset long service payment or severance payment due to an employee against the employer's mandatory and voluntary contributions to the Mandatory Provident Fund (MPF), Hong Kong's pension system.

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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.

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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.

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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.

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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.

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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)).

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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DORA Watch – June and July 2024

Published on 22 Jul 2024. By Jon Bartley, Partner and Laura Thackeray, Senior Associate

As financial entities and ICT service providers undergo the final stages of implementation of the Digital Operational Resilience Act (DORA) requirements into their systems and processes, it is imperative to understand the legal developments and ongoing updates arising from EU Member States as they go through their respective transposition and alignment processes. Through TerraLex - our global legal network, which provides us with access to 22,000 lawyers from highly regarded and carefully vetted law firms stretching more than 120 countries – we have collated legal updates focusing on DORA and its implications in EU jurisdictions.

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Cyber_Bytes Issue 65

Published on 11 Jul 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Rachel Ford, Partner and Ian Dinning, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate and Lauren Kerr, Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

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Data dispatch - July 2024

Published on 05 Jul 2024. By Jon Bartley, Partner

Welcome to the fifth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.

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How will the "Genny lec" impact the world of cyber and tech?

Published on 24 Jun 2024. By Rachel Ford, Partner and Helen Monachan, Associate

On 22 May 2024, Prime Minister Rishi Sunak stood in the pouring rain to announce a General Election, thus commencing a summer of political and meteorological uncertainty for those in the UK.

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2024 Amendments to the Cybersecurity Act 2018

Published on 19 Jun 2024. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

The Cybersecurity Act 2018 (the "Act") first came into force more than 6 years ago to establish a legal framework for the oversight and maintenance of national cyber security in Singapore.

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Providing the identity of third-party recipients of personal data to a data subject – helpful guidance from the High Court

Published on 13 Jun 2024. By Alex Vakil, Partner

The High Court has handed down a helpful judgment for data controllers responding to data subject access requests which analyses the circumstances in which it may be appropriate for a data controller to withhold the identities of third parties who have been provided with a data subject's personal data.

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Cyber_Bytes Issue 64

Published on 04 Jun 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

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Cyber_Bytes Issue 63

Published on 10 May 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

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Data dispatch - April 2024

Published on 17 Apr 2024. By Jon Bartley, Partner

Welcome to the fourth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.

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Cyber_Bytes - Issue 62

Published on 03 Apr 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Cyber_Bytes Issue 61

Published on 05 Mar 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Cyber_bytes - Issue 60

Published on 06 Feb 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Data dispatch - January 2024

Published on 01 Feb 2024. By Jon Bartley, Partner

Welcome to the third edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.

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Data dispatch - December 2023

Published on 12 Dec 2023. By Jon Bartley, Partner

Welcome to the second edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.

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Cyber_Bytes - Issue 59

Published on 08 Dec 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Blog

Fines for PDPA Breaches: How Clear is the Crystal Ball?

Published on 16 Nov 2023. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

The Singapore Personal Data Protection Commission ("PDPC") has recently issued a number of new enforcement decisions.

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Cyber_Bytes - Issue 58

Published on 08 Nov 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Data dispatch - October 2023

Published on 31 Oct 2023. By Jon Bartley, Partner

Welcome to the first edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.

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New data bridge to allow for UK-US data transfers

Published on 24 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

How will the recently approved data bridge impact transfers of personal data from the UK to the US?

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UK ICO publishes draft biometric data and technologies guidance for public consultation

Published on 24 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the key considerations which the Information Commissioner’s Office (ICO) proposes organisations should be aware of when implementing biometric recognition systems?

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UK ICO and CMA release joint position paper on harmful design in digital markets

Published on 24 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the impacts of the ICO and CMA joint position paper on “Harmful Design in Digital Markets” and what action should companies take in light of its guidance?

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New Development: Updated ICO guidance on “likely to be accessed by children”

Published on 24 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Following consultation, the ICO has updated its guidance “Likely to be accessed’ by children – FAQs, list of factors and case studies”.

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UK ICO publishes joint statement on data scraping and the protection of privacy

Published on 24 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the key privacy risks that the UK Information Commissioner’s Office (ICO) expects organisations to consider when hosting publicly accessible personal data and how can those privacy risks be mitigated?

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Cyber_Bytes - Issue 57

Published on 11 Oct 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.