Most established brand owners have long been savvy at intellectual property (IP) protection and enforcement when they find their intellectual property rights (IPR) infringed, whether it’s through unauthorised use of their trade marks or infringement of their copyright or design rights. 
 Continue reading “IPR enforcement on the internet: some useful guidelines”

An important area of insolvency law – the liability of a company in administration to pay the rent under the lease of its premises – which until recently had been relatively clear and straight forward, is currently in an unsatisfactory state. This was not always the case, as, until quite recently, landlords and administrators could easily assess where they stood under the flexible approach that prevailed for many years. Unfortunately, as occasionally happens with insolvency law in the UK, a relatively minor change in the law leads to a re-examination of the position. The matter comes before the court, which feels constrained to interpret the law in a way 
that leads to an impractical result. There then follows a clamour for a change to the law. It is a pattern that we have seen several times before. 
 Continue reading “Rent in administration proceedings: a headache for landlords”

In the case of JP Vishnu Kumar v Canara Bank PN Road, Tiruppur & ors [2013], the Honourable Supreme Court of India had recently held that powers of the High Court under Article 226¹ of the Constitution of India cannot be invoked in the matter of recovery of dues under the Recovery of Debts Due to Banks and Financial Institutions Act 1993 (the 1993 Act) unless there is any statutory violation resulting in prejudice to the party or where proceedings under the Act are wholly arbitrary, unreasonable and unfair. Continue reading “Case report: JP Vishnu Kumar v Canara Bank PN Road, Tiruppur & ors”

Immigration reform has been on president Obama’s agenda since he was first elected president, and he is optimistic that comprehensive legislation will be passed by the end of 2013, if not before.
 Continue reading “Global legislative update and recent developments”

The start of a dawn raid is often the first time a company or individual learns that they are the subject of an investigation. Knowing what to do during the first minutes of a dawn raid is vital. Ensuring that a company’s receptionist, employees and senior management all know what role they have to play in effectively managing the arrival of investigators at the company’s front door and the subsequent search is essential. Attempting to formulate such a plan of action once the raid has begun is not practical and therefore the key to handling a dawn raid is preparation and detailed planning. 
 Continue reading “The calm before 
the storm: are 
you prepared for 
a dawn raid?”

Recent decisions of the EU Courts once more show that the way undertakings respond to dawn raids can have a significant impact in terms of fines. At the same time they also clarified the rights of companies being investigated. The European Commission in its turn recently revised its explanatory note on inspections.¹ It is therefore worthwhile to look at these current developments. 
 Continue reading “It’s a new dawn, it’s a new day”

As European society has grown wealthier, it has created more and more resource management challenges and opportunities. Each year in the EU alone we produce three billion tonnes of waste – some 90 million tonnes of it hazardous. This amounts to about six tonnes of solid waste for every man, woman and child¹. The processing of waste is a Europe-wide issue with the Waste Framework Directive (WFD)² providing the overarching legislative framework for the collection, transport, recovery and disposal of waste across 
the EU in a way that does not have a negative impact on the environment 
or on human health.
 Continue reading “International shipment of waste: transporters beware”

Generally speaking, a two-step procedure will be adopted in determining what damages will arise from a breach of contract. First, the courts will need to consider what loss has been suffered. Secondly, they will consider whether 
any of those losses suffered are too 
remote to be recoverable. It is this second test of ‘remoteness’ that will be examined 
in this article.
 Continue reading “Court of Appeal provides useful guidance on the 
test for remoteness 
of damages for 
breach of contract”

Scotland has always prided itself on having its own legal system, distinct from the rest of the UK and based on a unique combination of influences and precedents. In employment law specifically the differences are fewer – largely because 
so many of the rules are statutory in nature – but key differences still exist. It is important for employment lawyers to have a broad awareness of the subject areas within which differences arise and to ensure that they take proper advice on them if required. We are all familiar with the importance of knowing and respecting the practices of the court and judge before whom your case is to be tried, but that is all the more acute when you are working in a different legal system.
 Continue reading “Scottish employment law: small but significant differences can be a trap for the unwary”

In the context of any company restructuring or reorganisation, the presence of a break clause in one of the company’s leases is a valuable thing indeed. This will enable the tenant to move out of unwanted or over rented space. At the very least, if the premises are over rented, the presence of a break clause will give the tenant a negotiating platform to seek a variation of the existing lease.
 Continue reading “Getting the breaks”

The market for dietary supplements in 2012 was estimated to be worth approximately £385m in the UK alone and is worth billions of dollars globally.¹ Sarah Croft, of Shook Hardy & Bacon International, assesses the regulatory environment for these products in Europe and the UK and considers the product liability issues for 
this sector.
 Continue reading “Product liability and dietary supplements”