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Intellectual property

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COVID laid the groundwork for mandatory arbitration for commercial leases: could it now be on the way for landlord & tenant disputes more broadly? Edward Peters KC & Kavish Shah set out the advantages
Billions are spent on counterfeit goods in the EU & UK each year: Matti Lindberg & My Mattsson set out some top tips for brand owners to protect their rights online & on the ground
The use of deepfake technology is on the rise, and can look alarmingly realistic. Consequently, there is vast potential for harm. But can existing laws provide any protection against malicious use? 
Nick Redfearn & Adelaide Yu offer tips on brand protection amid a flourishing counterfeit market in Hong Kong
Liam Tolen & Chris Fotheringham ask whether the law can protect individuals from deepfake harms
Lidl has seized the upper hand over Tesco in a High Court trade mark battle that raises several unusual points for intellectual property lawyers
Retailer John Lewis has successfully battled a claim that the star of its 2019 Christmas advert, an excitable dragon, copied elements of a children’s book.
The High Court has rejected a bid to strike out a claim brought on an opt-out basis by a representative against a firm of intellectual property lawyers.
The film The Life Story of Charles Chaplin was poorly received by one man in particular, as David Hewitt explains
What are the elements of a three-dimensional trade mark? Writing with reference to recent case law, Laura Trapnell, partner & head of IP, Paris Smith Solicitors, sets out the key points in a useful article in this week’s NLJ.
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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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