header-logo header-logo

09 June 2021
Issue: 7936 / Categories: Legal News , Intellectual property , EU , Brexit
printer mail-detail

Protecting inventions post-Brexit

The Intellectual Property Office (IPO) has launched a ‘consultation on the UK’s future exhaustion of intellectual property rights regime’.

Exhaustion of IP rights underpins parallel trade (import and export of IP-protected goods that have already been first sold in a specific market). Prior to 2021, parallel goods were able to move freely in both directions between the UK and EEA. Since 1 January, the UK no longer participates in the EU’s regional exhaustion system, and a legal default has come into effect.

The consultation asks whether this regime should continue or, if not, what should replace it. It is likely to be of interest to legal practitioners and any clients who move, sell or rely on goods that have already been first placed on the market in another territory.

View the consultation here and email your completed response form to IPExhaustion@ipo.gov.uk by 11.45pm on 31 August.
Issue: 7936 / Categories: Legal News , Intellectual property , EU , Brexit
printer mail-details

MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
back-to-top-scroll