Agency and distribution

Press Release

Court of Appeal makes plea for legally enforceable arbitration for FRAND disputes

In the ongoing complex litigation between Optis Cellular Technology LLC and Apple Inc., the Court of Appeal ([2022] EWCA Civ 1411) has upheld the High Court’s findings that implementers of standard-essential patents (SEPs) cannot refuse to accept a FRAND license and continue activities in the meantime which constitute infringement: that party must commit to accept a court-determined license if it wishes to avoid an injunction.

Legal Update

Beauty Industry - Plastic Packaging Tax

The war on plastic is being taken to a new level, and businesses that don’t consider sourcing recycled packaging materials could face costly implications.

Published Article

AI generated designs on retail products

Every AI will have its own terms of use. DALL·E 2’s Terms of Use dated 3 November 2022 specify that as between a user and Open AI, a user owns their prompts and uploads. Open AI also assigns to the user all rights in any images generated by DALL·E 2 for that user (subject to the user complying with those Terms of Use, and to a licence to use inputs and output to develop and improve the services).

Legal Update

Digital Markets Act and Data Platforms - FRANDs for life?

The Digital Markets Act (the “DMA”) joins the dots between competition law and data protection law and actively targets data-driven platforms. It is also a comprehensive regulation to take note of, with familiar GDPR-style fines tied to turnover.

Press Release

Browne Jacobson’s IP experts shine silver in world’s leading trade mark lawyer rankings

Legal Update

New year, new Brexit transport rules

From 1st January, new import rules come into effect, with potential for significant delay, disruption and cost for importers and exporters.

Legal Update

REACH Registration post-Brexit

Although the UK’s departure from the EU means that the EU REACH regulation no longer applies, UK REACH has stepped in to fill the gap, and UK-based companies exporting to the EU are now facing two chemicals regulation frameworks to deal with when before there was just one. Is your company ready for the challenge?

Legal Update

Corporate finance update - May 2021

The Browne Jacobson corporate finance team continues to be a leading advisor, receiving recognition as the go-to advisor, for corporate M&A and private equity transactions.

Guide

Brexit overview: intellectual property and Brexit

We can how help you understand the potential issues that any changes will have on your business.

Guide

Brexit overview: competition law and Brexit

We can how help you understand the potential issues that any changes will have on your business.

Guide

Brexit overview: your use of data and Brexit

Despite the lack of clarity around Brexit, there are key data issues that can be addressed now. We can help you with the steps you need to take to mitigate the risks.

Guide

Brexit overview: your corporate structure and Brexit

We can help you navigate uncertainty, mitigate any legal risks and even find ways for your organisation to capitalise through a more efficient corporate structure.

Guide

Brexit overview: your commercial contracts and Brexit

Although there is significant uncertainty over how Brexit will affect organisations trading across the EEA, we can help you put together an appropriate action plan.

Guide

Brexit overview: your people and Brexit

Despite the uncertainty, however, we can help you take some sensible steps now to prepare your workforce for the implications of Brexit.

Legal Update

The Internal Market Bill – an overview

The United Kingdom Internal Market Bill was introduced in the House of Commons on 09 September 2020 (the Bill), provoking much debate and attracting criticism from many. But what exactly is contained within the Bill?

Opinion

Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.

Legal Update

Amazon not liable for merely storing third party’s infringing goods

At a time when Amazon is fielding large spikes in demand amidst the coronavirus pandemic, the online retail platform will welcome the ruling of the Court of Justice of the European Union (CJEU) received on 2 April 2020.

On-Demand

How to commercialise your IP: licensing, spin outs and JVs

Our expert panel, comprised of IP and corporate law specialists, will be discussing IP commercialisation strategies, their benefits and pitfalls, drawing on experience across the private, public and higher education sectors.

Published Article

O/281/19 Revocation (Device Marks) – 23 May 2019

This decision is a good example of how the IPO approaches non-use challenges, and an insight into the economics of gift shops at public parks.

On-Demand

Parallel Imports - what brand and IP owners need to know

Parallel importers seek to exploit price differentials for goods sold in different countries. The EU principle of exhaustion of rights prevents businesses from enforcing their IP rights to restrict this secondary trade within the EU if the goods were first marketed in the EU with their consent, other than in limited circumstances.

Legal Update

“Utterly horrified” masters and “blatantly inadmissible” evidence

The sole result for a search on Westlaw for the phrase “utterly horrified” is an interesting decision from Mr Justice Arnold on June 12 2019 about evidence in passing off proceedings.

Legal Update

Third country bidders and goods in the EU procurement market

On 24 July 2019 the European Commission issued ‘Guidance on the participation of third country bidders and good in the EU procurement market’ which provides practical advice to EU contracting authorities on how to deal with bidders from outside of the EU.

Press Release

Browne Jacobson ranked as one of UK’s ten most active dealmakers

Law firm Browne Jacobson has been named as one of the most active M&A advisers in the UK for the first half of 2019, according to an independent report.

Legal Update

Government publishes response to Joint Committee report on the draft Registration of Overseas Entities Bill

Last month we reported that the House of Lords and House of Commons Joint Committee report on the draft Registration of Overseas Entities Bill had been published.

Press Release

Browne Jacobson scores victory for Wolverhampton Wanderers over badge copyright claim

Browne Jacobson is delighted to have assisted Wolverhampton Wanders Football Club to successfully defend a copyright infringement claim made against it which relates to the club’s iconic wolf head design. The club has used this design as an element of its badge since 1979.

Published Article

Deal or no deal - the impact of Brexit for the gas industry

In the wake of the Brexit withdrawal deal being unequivocally rejected by Members of Parliament on 15 January 2019, there is significant uncertainty for not only the gas sector but for the economy in general.

On-Demand

Privileged communications webinar

In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify issues relating to the disclosing of documents relevant to litigation, which may have to be disclosed if they are not privileged.