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Silicon Valley, Signature and Credit Suisse: what do they all share(holder) in common?
In what has been termed "the biggest banking crisis since 2008", both Silicon Valley Bank (SVB) and Signature Bank have collapsed, and Credit Suisse has been rescued. Whether more banks are to follow suit is yet to be seen.
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 moreParliamentary 'wash up' – which Bills made it through?
On 22 May 2024, Prime Minister Rishi Sunak announced that a General Election will take place on 4 July 2024. Parliament was then prorogued on 24 May 2024 which allowed a mere 2 days for 'wash up' - the process by which outstanding bills may be rushed through the parliamentary process.
Read moreNew developments in AI may put law firms at greater risk of phishing fraud
As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.
Read moreVirtual billboards: the future of immersive advertising?
With the deployment of immersive technologies poised to become the norm, the implementation of infrastructure for "virtual billboards", and the "property digital rights" which they demand, is demonstrating a lucrative gap in the market and huge growth potential.
Read moreDigital Markets, Competition and Consumers Bill opens door for stricter regulation of news platforms
How might the proposed Digital Markets, Competition and Consumers Bill (the Bill) affect news reporting by digital platforms?
Read moreOnline Safety Bill: Latest amendments increase focus on children safety
What is the focus of the latest round of amendments proposed to the Online Safety Bill and how will these impact online platforms?
Read moreAI technology projects – the regulatory landscape
Parties engaged in AI technology projects should be mindful of the regulatory landscape, and the changes taking place within it. A failure to do so could result in an AI solution that is not compliant from a regulatory perspective, the use of which potentially creates risk for the technology provider and user.
Read moreNew Digital Regulators on the 2023 Horizon: the Digital Markets Unit and the European Centre for Algorithmic Transparency
For a number of years, the UK Government has been laying the groundwork to bring in a digital markets regime to regulate digital firms designated as having ‘strategic market status’ (SMS). To be designated as having SMS, a firm must have 'substantial and entrenched market power' in at least one activity. Companies having SMS are likely to include the largest tech firms such as Amazon, Apple, Google, Microsoft and Meta (the so called 'GAMMA' firms).
Read moreDigital services providers—Commission to focus on implementation phase of EU consumer protection legislation
The Digital Services Act (DSA) and the Digital Markets Act (DMA) are published in the Official Journal and the plenary vote of the European Parliament on the proposed text of the AI Act is expected once amendments are agreed by negotiators. The Commission is now turning its focus to the implementation phase of these landmark regimes. So, what does the future hold for the European tech sector and how might it differ for the UK?
Read moreThe EU Digital Markets Act - a focus on gatekeeper obligations and sanctions
What key obligations will the Digital Markets Act (DMA) impose on online platforms designated as gatekeepers?
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 moreGenerative AI and intellectual property rights—the UK government's position
The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.
Read moreEBA encourages banks to pool their resources for cloud audits
The EBA has set out that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.
Read moreCode of Conduct for Leasing of Retail Premises to take effect from 1 February 2024
Following from the passing of the Lease Agreements for Retail Premises Bill which mandates compliance with the Code of Conduct for Leasing of Retail Premises in Singapore ("Code") for qualifying leases of retail premises earlier this year, the Lease Agreements for Retail Premises Act ("Act') is expected to take effect from 1 February 2024.
Read moreProperty Digital Rights – A New Revenue Stream in a Digital World
Advances in technology are opening up exciting new frontiers for property owners and managers. Almost two billion people globally use augmented reality (AR) on their mobile phones and nearly 400 million engage in a virtual metaverse reality.
Read moreThe Times recognises RPC among Best Law Firms 2024
International law firm, RPC, has been recognised by The Times in its Best Law Firms 2024 report, an annual ranking of the top 250 law firms in England and Wales.
Read moreChanges to the One Stop Shop
In July 2023 the European Commission issued a Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 (the 'GDPR' Regulations).
Read moreRPC Law x Web3: Gambling regulations – Don't Play Games of Chance with the Law
This is part of a series of RPC x Web3 articles designed to help Web3 participants and enthusiasts understand their rights in this rapidly evolving space.
Read moreGinfringement: Success for M&S in the Court of Appeal in registered design spat with Aldi
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.
Read moreClear as gin: M&S and Aldi take liquor bottle battle to the Court of Appeal
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.
Read moreM&S v Aldi – lookalike claims lit up by design rights
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.
Read moreLookalikes and passing off—bottle design get-up claim (Au Vodka)
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.
Read morePhilip Warren & Son v Lidl – No case of mi-steak-en identity
The High Court has dismissed a passing off claim brought by Philip Warren & Son Limited (PWS) against well-known supermarket, Lidl. The decision ultimately turned on the fact that PWS presented "insufficient evidence of a significant level of operative misrepresentation to any category of PWS' customers".
Read moreHigh Court permits enforcement of foreign judgment in crypto recovery case
Tai Mo Shan Ltd v. Persons Unknown [2024] EWHC 1514 (Comm)
Read moreThe EU’s new General Product Safety Regulation is set to land in December 2024
What do manufacturers and online marketplaces need to think about as the EU General Product Safety Regulation (GPSR) comes into force in December 2024?
Read moreEmpowering consumers through the EU’s Green Transition Directive
What are the enhanced consumers rights arising from the EU’s Directive on Empowering Consumers for the Green Transition (the Empowering Consumers Directive)?
Read moreProduct Security and Telecommunications Infrastructure Regulations: a new security regime for smart devices
What does the new cyber security regime mean for “smart” devices in the UK?
Read moreThe EU’s Product Liability Directive expands to cover digital technology
What changes to civil product liability have been implemented by the European Commission for defective digital products and software?
Read moreThe Digital Markets, Competition and Consumers Act becomes law
What changes will the new Digital Markets, Competition and Consumers Act bring to the consumer protection and competition regulation landscape?
Read moreThe EU's Green Claims Directive
The EU's proposed Green Claims Directive (GCD) sets out expansive new rules for companies making green claims in the EU.
Read moreConsumer friendly compliance – guidance for retailers and consumer brands on the DMCC Bill
Following receipt of some 372 responses to the "Smarter Regulation: Improving consumer price transparency and product information for consumers" Consultation, the government has published its response in which it proposes significant amends to the Price Marking Order alongside new additions to the DMCC Bill.
Read moreHigher stakes cybercrime – prepare now
Cybercrime continues to increase and shows no signs of stopping.
Read moreFood and beverage 2050: The transition to net zero
Following publication in October 2023 of its final Disclosure Framework for private sector entities to transition to a net zero economy, the TPT published draft Food & Beverage Sector Guidance in November 2023.
Read moreVirtual advertising: a glimpse into the future
Virtual advertising and experiences are transforming the way real world property can be used by turning it into a canvas for digital content.
Read moreThe rise of recommerce
Recommerce (which includes reselling, renting, refilling, repairing or reusing goods) is already an extremely valuable business model, estimated by Barclays to be worth almost £7bn in the UK alone and expected by Visa to increase to £82bn by 2030. This growth – particularly in respect of resale – is widely regarded as being driven by Gen Z consumers, over two thirds of whom now prefer to buy second-hand over new goods, in part, due to sustainability concerns.
Read moreOnline Fraud Charter agreed by largest tech companies
What are the obligations for tech companies that have signed up to the UK’s Online Fraud Charter (the Charter)?
Read moreThe DMCC Bill: New laws set to ban fake reviews and drip pricing from online shopping
What new laws is the UK Government planning to introduce to tackle fake reviews and unfair fees when it comes to online shopping?
Read moreCollective actions under consumer law: proposed amendments to the Digital Markets, Competition and Consumers Bill
Are class actions under consumer protection law likely following the UK’s new DMCC Bill, and if so, what will the impact on businesses be?
Read moreGreen claims: key takeaways from the CMA's first investigation
After much anticipation, the Competition and Markets Authority (CMA) has finally published the results of its investigation into green claims made by ASOS, Boohoo and George at Asda. All three retailers have signed undertakings committing to change the way they promote their green credentials and to set up robust internal processes to ensure future green claims are not misleading.
Read moreWhat if the CEO asks me about… the options available for a company facing financial difficulties?
The latest government insolvency statistics highlight that the downturn in the UK economy is still taking a significant toll and the number of UK corporate insolvencies in February 2024 remains high (and 17% higher compared to February 2023).
Read moreProgress on sustainability in fashion: the move to circularity
According to the WRAP report, it is estimated that the fashion and textiles sector accounts for up to 8% of global greenhouse gas emissions and uses 93 billion cubic meters of water each year.
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 morePlatforms with Irish HQs win EU case to follow Irish law
Do platforms have additional regulatory obligations in EU states, even if they don’t have a registered office there?
Read moreOfcom issues draft guidance and launches consultation on the Online Safety Act 2023
What can platforms expect from Ofcom, as it steps into its new role regulating compliance with the Online Safety Act 2023 (the Act)?
Read moreEuropean consumer group files greenwashing complaint over water bottle recyclability
Will a consumer group complaint about recyclability and the use of green imagery on water bottle packaging be successful in proving a breach of EU regulations against greenwashing? And what will this mean for wider industry using recyclable or recycled packaging?
Read moreLast chance saloon: EU consumers only have one opportunity to withdraw from auto-renewing subscription contracts
When do EU consumers have a right to withdraw from subscription contracts? And how will this differ to the UK’s approach under the new Digital Markets, Competition and Consumers Bill (DMCC)?
Read moreNew Development: European Parliament adopts draft report to address the addictiveness of digital platforms
Earlier this year, the European Parliament published a draft report (the Report) on the addictive design of online services and consumer protection.
Read moreWhat if the CEO asks me about… preparing for new sustainability reporting requirements?
There is an increasingly complex web of sustainability reporting requirements for companies across the world (either in force or in the pipeline). The ISSB standards seek to set a global baseline for sustainability reporting to ensure consistency and comparability of companies' disclosures. With UK implementation of the standards expected next year, retailers and consumer brands should take steps now to prepare. We outline the current plans for sustainability reporting under the ISSB standards in the UK and flag practical steps that businesses should take to prepare.
Read moreArresting times: Significant changes to UK corporate criminal liability and corporate transparency
The Economic Crime and Corporate Transparency Bill (the Bill) is set to overhaul the existing corporate criminal liability and corporate transparency regimes.
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