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New Development: National Cyber Security Centre warns AI is likely to heighten global ransomware threat
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.
Read moreUK Supreme Court rejects AI as “inventor” under the Patents Act
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?
Read moreCourt of Appeal holds Samsung liable for trade mark infringement by third-party apps
Can online platforms be liable for trademark infringement by third-party apps?
Read moreThe new EU Digital Operational Resilience Act (DORA)
What can financial services entities and ICT providers expect from DORA and what do they need to do prepare for it?
Read moreWhat the AI is going on… December 2023 to March 2024
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.
Read moreUK Government publishes response to AI White Paper consultation
What approach has the UK Government’s adopted in its response to the consultation on the AI regulation White Paper (the White Paper)?
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 moreEthics in the age of AI: new Institute of Directors checklist
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)?
Read moreGovernment White Paper sets out UK approach to AI regulation
How is the UK Government looking to regulate AI?
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 moreDCMS publishes new Code of Practice for app developers and app store operators
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)?
Read moreNew Metaverse regulation proposal to be discussed by EU Commission
How does the European Commission (EC) intend to regulate the Metaverse?
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 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 moreUK Government wants understanding of video games to move to the next level
On 30 May 2023, the UK Government published a Video Games Research Framework which encourages research on video games and emerging game-related technologies.
Read moreICO publishes guidance on compliance of game design with the Children’s Code
What steps can game designers take to ensure their games comply with the Children’s Code?
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 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 moreSupply chain sustainability: new rules, new risks
On 25 July 2024, the EU's new flagship supply chain law, the Corporate Sustainability and Due Diligence Directive (CSDDD), came into force.
Read moreRPC Bites #63: Aldi Kefir - copycat or collab? No more carbon credits for Brewdog and a rollercoaster for Carlsberg's portfolio
Welcome back to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of the 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.
Read moreRPC Bites #62: misleading 'freshly baked bread' claims, trademark troubles for Campari and McDonalds and more
Welcome back to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of the 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.
Read moreRPC Bites #61: Trade mark trouble for Tony's Chocolonely, ASA scalding for Jack Daniels but Hovis fare better and FSA guidance on vegan labelling
Welcome back to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of the 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.
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 moreRPC Bites #60: M&S vs Aldi, UKIPO win for Oatly and ASA guidance on supplement marketing
Welcome back to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of the 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.
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 moreRPC Bites #59: Festive Bumper Issue
Welcome back to RPC Bites. Our aim in the next 2 minutes is to provide you with a festive flavour of 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 and Happy Christmas and New Year to all of our readers!!
Read moreRPC Bites #58: Trade mark troubles, cheese-y appeals, warm ice cream and low-alcohol labelling...
Welcome back to RPC Bites. With a definite chill in the autumn air, our aim in the next 2 minutes is to provide you with a warming flavour of 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!
Read moreRPC Bites #57: New FSA guidance on CBD consumption, "irresponsible" alcohol ads and greenwashing accusations strike Tesco
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!!
Read moreRPC Bites #56 - HFSS delays, Percy Pig's legal pursuits and Getir fails to deliver on promotion…
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!!
Read moreRPC Bites #55 - BrewDog gold can competition strikes again and Miller High Life cans crushed by Belgian customs
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!!
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 moreRPC Bites #54 – Aldi infringes M&S's design rights, ban on single use plastics and BrewDog pays for "solid gold" ad
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!!
Read moreRPC Bites Christmas Bumper Issue #53 - is turkey off the menu this Christmas? Government sugar reduction targets not met amid HFSS delays
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!!
Read moreRPC Bites #52 – trade mark wars: Red Bull v Bullards, Tesco v Lidl and Heineken v Virgin
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!!
Read moreThe Food, Beverage and Cosmetics Law Review: United Kingdom - Second Edition
RPC is excited to announce that the Second Edition UK chapter of the Food, Beverage and Cosmetics Law Review has been published and is available to download.
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 moreRPC Bites #50 – potential HFSS U-turn, hard seltzers under fire again and AU Vodka v NE10 Vodka
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!!
Read moreNext round of HFSS restrictions land – are you ready?
In July 2020 the Government launched its tackling obesity strategy. In the strategy, the Government announced a number of measures to help people live healthier lives. These included consulting on front of pack labelling, requiring large out of home food businesses to add calorie labels to the food they sell, consulting on introducing calorie labelling on alcohol, and legislating to end the promotion of products deemed high in fat, sugar and/or salt (HFSS) by restricting volume promotions and placement in certain locations. In addition to these measures, the Government announced its intention to ban HFSS products being shown on TV before 9pm and paid-for adverts online.
Read moreRPC Bites #49 – Kellogg's HFSS legal action fails, Ellie Goulding's seltzer falls foul of ASA rules and is the 'alcohol free' threshold about to change
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!!
Read moreRPC Bites #48 – proposed salt and sugar tax omitted, lo/no alcohol drinks association launched in the UK and Cuthbert the caterpillar returns
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!!
Read more'Popping to the shop' a thing of the past?
Have you noticed that overnight, seemingly every poster on London's streets and billboard in its tube stations advertise a service that will magic groceries to your front door in an impossibly short timeframe? These are signifiers of the battle being fought in the instant grocery delivery space.
Read moreRPC Bites #47 –Kellogg's takes on the Government, certain HFSS restrictions are postponed and ingestible CBD products fall foul of FSA rules
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!!
Read moreRPC Bites #46 – new rules on advertising alcohol free drinks pending, Portman Group issues guidance for hard seltzer labels and a taxing finding for flapjacks
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!!
Read moreRPC Bites #45 - Waitrose concerned by Asda's 'Just Essentials' range, HFSS restrictions potentially delayed further and the end of free-range eggs (for now)
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!!
Read moreGin-uine use? The UKIPO concludes yes, despite limited evidence and variances between the trade mark as registered and as used
The UK Intellectual Property Office (UKIPO) has rejected an application by Inver House Distillers for the revocation of a competitor's trade mark. The mark in question is owned by Destileras M.G., S.L and Importaciones y Exportaciones Varma, S.A (the Proprietors) and consists of a 2D image of a distinctively shaped bottle, featuring the 'Master's logo' and a lion device (the Master's Mark). The decision was reached on the basis that the Proprietors had successfully demonstrated genuine use of their mark, in the UK.
Read moreRPC Bites 44 - UK IPO finds gin-uine use of trade mark, another copycat product battle and plastic packaging to be scrapped for fruit and veg
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!!
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