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Going Green – staying on the right side of competition law
Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.
Read moreNetflix files lawsuit over 'Unofficial Bridgerton Musical'
On 29 July, Netflix filed a lawsuit in the U.S. District Court in Washington D.C. against two TikTok stars, Abigail Barlow and Emily Bear, alleging that their Grammy-winning “The Unofficial Bridgerton Musical” project infringed the hit show's intellectual property rights.
Read moreStream on! CMA halts plans to investigate music streaming market
The UK's Competition & Markets Authority recently published its interim report on the music streaming market, prompting mixed responses from the music industry. Record labels, publishers and streaming providers appear generally pleased with the findings, but various artists, musicians, songwriters and managers say they believe it has underdelivered.
Read moreParliamentary Group urges UK government to help musicians and crew tour Europe more easily
The All-Parliamentary Group on Music (a cross-party group of more than 100 MPS and Peers) together with representatives from the music industry set out the urgent steps the Government needs to take to help UK musicians following Brexit.
Read moreCMA ends its investigation into online console gaming subscription practices
The UK Competition Markets Authority (CMA) has now closed its investigation into subscription practices in the online console gaming sector after key players Sony, Nintendo and Microsoft committed to making improvements to their contract terms with a view to better protecting customers.
Read moreA "golden age" of television? - Government announces overhaul of broadcasting legislation
On 28 April the government published a white paper setting out its vision for the broadcasting sector. Plans include regulation for streaming services, changes to the public service broadcasting regime, and reform to broadcasting rights for major sporting events.
Read moreEurovision contestant and Rudimental come out on pop in copyright dispute
Coming out on pop: Rudimental's single Waiting All Night, composed by Eurovision 2021 contestant James Newman, was not the product of copying a song written in 2001 by a contestant on the Voice UK.
Read more(Sex) Pistols at dawn over Danny Boyle's new biopic series
Sex Pistols band members accuse frontman John Lydon of being No Fun and creating Anarchy for refusing to authorise licences for the use of the band's music in Danny Boyle's forthcoming TV series, Pistol.
Read more(Sex) Pistols at dawn over Danny Boyle's new biopic series
Sex Pistols band members accuse frontman John Lydon of being No Fun and creating Anarchy for refusing to authorise licences for the use of the band's music in Danny Boyle's forthcoming TV series, Pistol.
Read moreWho gets to deliver my news? - Ofcom starts its consultation on changes to media ownership restrictions
Ofcom is looking to update old rules governing media ownership in the UK to reflect consumers increased access to news online and the fragmented use of traditional media, and the implications of reform could be far reaching.
Read moreStreaming platforms to consolidate? "The stuff that dreams are made of"
Discovery and AT&T's WarnerMedia are merging to create a streaming behemoth named Warner Bros. Discovery, and Amazon is reportedly in talks to acquire Metro Goldwyn Mayer (MGM). Will this mark a trend in the consolidation of streaming platforms, and what are the implications?
Read moreCourt of Appeal upholds copyright infringement decision against digital radio aggregator
The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.
Read moreCourt of Appeal upholds copyright infringement decision against digital radio aggregator
The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.
Read moreUK Courts find hidden voice in film authorship dispute
The Intellectual Property Enterprise Court (IPEC) has found that there was there was an additional joint author of the Florence Foster Jenkins screenplay – in a decision of significant relevance to the film industry.
Read moreReproduction of infringing content online: who's liable?
Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.
Read moreAll change! No extension means major changes for IP rights holders from 1 January 2021
Under Article 132 of the Withdrawal Agreement, 30 June 2020 was the last day that the UK could have requested an extension to the Brexit transition period. The COVID-19 outbreak prompted many to speculate that a request would be made but the deadline passed, without event.
Read moreNederlands Uitgeversverbond v Tom Kabinet Internet – a CJEU guide on how to play it by the book
Tom Kabinet (the Defendant) is a Dutch company which sells used e-books online (the Books). The Books are purchased by the Defendant, either from individuals or official distributors, and are then re-sold for a lower price to customers who are registered on the Defendant's website as members of a "reading club".
Read moreAll that glitters is not "Gold"
How does the court calculate what a reasonable license fee is, and what conduct will be sufficient for the court to award additional damages under section 92(2) of the Copyright, Designs and Patents Act 1998?
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 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 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 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 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 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 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.
Read moreThe EU Digital Markets Act: a levelling of the playing field?
The Digital Markets Act (the DMA) forms part of the EU’s Digital Services Act package, placing new obligations on “gatekeeper” platforms who offer core platform services to business and end-users established or located in the EU, irrespective of the gatekeepers’ place of establishment, residence, or any national laws applicable to their service.
Read moreDrip pricing, fake reviews and other digital dark arts
The Digital Markets, Competition and Consumers Bill (the Bill) is currently at Report Stage in its journey through Parliament. When it comes into force, we will see a significant enhancement of the UK’s consumer protection regime – with a particular focus on maximising transparency to consumers, to help them find better deals and avoid being ripped off.
Read more"Recommended for you" - Data risks in AI-powered customer solutions
Retailers and consumer brands are increasingly using AI online and in stores. Examples of how the technology could be leveraged include generative AI like ChatGPT, the automation of supply chains or the detection of fraud. Data regulators in the UK and EU are starting to catch up to the use of these technologies and making their positions known.
Read moreUK Government u-turns on phasing out “CE” product safety marking
What product safety marks can be used on products in the UK?
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