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Intellectual property

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In brief

Trade mark owners will find it more difficult to protect their brands from competitors’ comparative adverts following a Court of Appeal ruling, commercial firm Wedlake Bell is warning.

Anna Caddick considers two recent decisions on the question of substantiality in copyright infringement

Dan Brown, author of The Da Vinci Code, did not reproduce ideas from an earlier work in his best-selling novel, the Court of Appeal has ruled in Baigent v Random House Group.

Are television rights protectable in the UK? Lindy Golding and Penelope Thornton report

Is the Gowers review destined to languish in a drawer? Jeremy Drew and Georgia Warren report

Laurence Kaye considers the impact of the Gowers review from the perspective of UK copyright

Anna Caddick argues that if their Lordships allow OK!’s appeal, the law of commercial confidence will be stretched beyond recognition

A recent European Court of Justice ruling provides useful guidance on what constitutes misleading advertising, says Helen Hart

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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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