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Protecting intellectual property rights requires a balance between those who seek to safeguard their IP rights and those who receive groundless threats. These claims take different forms, those with no basis for the allegation and those where there is no legitimate intention to litigate. These types of actions are becoming more prevalent.
There have been many complaints over the consistency and complexities of the system in the UK which deal with these allegations and threats. In order to consider these issues the Law Commission is proposing a three month consultation review of the legislation which covers groundless threats in the UK. It runs from February 2013 with a final report to be presented by March 2014.
It will look at whether the legislation needs repealing, reforming or extending; this will cover patents, trade marks and design rights. It will not, however, cover copyright.
Those with views are encouraged to take part in the consultation and help the Commission carry out this long awaited review.
H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
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Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
We previously reported on the High Court decision of S Franses Ltd v The Cavendish Hotel (London) Ltd in which it was held that a landlord’s motive could not prevent it from successfully utilising ‘ground (f)’ under s30(1) of the Landlord and Tenant Act 1954 to oppose a lease renewal.
The FCA are encouraged to find that the implementation of the new rules has encouraged financial institutions to manage whistleblowing cases and concerns fairly, consistently and in a manner that protects the individual whistleblower.
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