Intellectual property and technology are at the forefront of today’s economy and at the heart of many of our clients’ lives and businesses.
You, IP & IT
& Ince, in any case
We are able to guide you as you make critical decisions about the development, protection and exploitation of your intellectual property and creative works.
Our expertise spans the full range of intellectual property rights – copyright, trademarks, patents and design rights – and extends to allied areas such as confidential information, data protection and IT. We advise on the best way to develop and protect your IP and technological innovations , and will vigorously defend your interests where disputes arise.
Our team offers grounded, commercial expertise right across publishing, music, media and entertainment, sport, hospitality, art, retail, fashion, manufacturing, advertising, life sciences, medical research, gaming and other creative industries. We advise individuals, rights owners, corporate entities, charities/non-profits and those alleged to have infringed others’ rights.
Technology exploitation and IP development, and protection is often required on a European wide and/or Global basis and we frequently work closely with international teams of lawyers in a wide variety of other jurisdictions to ensure a truly comprehensive approach.
News & insights on IP & IT
News / EU and UK trade mark and registered design renewals
Important notice for all EU trade mark and registered design rights owners: If you have EU trade mark or design registrations that are due for renewal between 1 January and 30 June 2021, important new changes will affect the renewal of your mirrored UK registration(s).
News / EU and UK address for service for trade mark and registered design owners
With all existing EU and UK trade mark and design registrations, it is possible to register an address for service, which will then act as your trade mark representative.
News / “He tried to strangle me.” What would those words convey to the “ordinary reasonable reader” of a Facebook post?
Stocker v. Stocker  UKSC 17 For the first time, the Supreme Court considers the meaning of words in the context of their publication on social media.
Insights / How will Brexit impact Trade Marks?
On March 29, 2019, the United Kingdom will leave the European Union. The exact impact of this unprecedented political move remains unknown, but the UK’s future post-Brexit is likely to be decided in the coming weeks. In June 2016, a referendum was held to decide whether the UK should leave or remain in the EU. With more than 30 million people voting (a turnout of 71.8%), leave won by 51.9% to 48.1%.
Insights / Brexit and the repatriation of EU laws
The Government's White Paper Legislating for the United Kingdom's withdrawal from the European Union has confirmed the general approach that the proposed Great Repeal Bill will takenbspWhilst the UK will no longer be subject to the jurisdiction of the European Court of Justice (CJEU), EU laws existing at the time Brexit takes effect will in fact continue to apply, unless or until they are overturned by subsequent UK legislation
Insights / Brexit and EU Intellectual Property – What Now?
The initial shockwave of the UK electorate’s vote in a referendum held on 23 June to terminate its membership of the European Union (Brexit) has given way to a tide of uncertainty as to whether, when and how the UK will indeed exit the EU. No independent member state has ever left the EU and the nature and scale of this development is unprecedented.
News / Data Protection – the EU-US “Privacy Shield” is here – for now!
In February we commented on the agreement reached between the EU and US authorities on a new framework for transatlantic data flows, called the “EU-US Privacy Shield”. This would allow the transfer of personal data from EU countries to the USA, where other legal justifications for this are not available.
News / Changes to EU trade mark law
On 23 March 2016, new EU trade mark laws come into force, which are set to alter the landscape of EU trade mark protection moving forward The main changes are as follows:
News / Case Closed Trunki rolled over by imitator in Supreme Court
Almost 13 years to the day since the Community Registered Design (CRD) came into effect in the EU, the UK’s Supreme Court has handed down its very first judgment on this relatively young IP right. It was certainly worth the wait and has already caused considerable controversy.
News / Data Protection – Update on the US “Safe Harbor” scheme
Last October we reported on the demise of the EU-US “Safe Harbor” scheme, as a result of the decision of the European Court of Justice (ECJ) in the case of Maximilian Schrems v Data Protection Commissioner of Ireland. The ECJ held that the “Safe Harbor”, which has been used by many EU and US businesses to justify transatlantic transfers of personal data since 2000, was invalid because the US public authorities were not bound by the scheme, and this compromised the fundamental human right of EU citizens to respect for their private lives.
News / Data Protection US Safe Harbor scheme held invalid
On 6th October 2015 the European Court of Justice (ECJ) handed down its ruling in the case of Maximilian Schrems v Data Protection Commissioner. The ECJ found that the US Safe Harbor scheme, which has been in place since 2000, is invalid. This means that, technically, many data transfers to the USA are now, and have been, illegal. In theory we could see people complaining to the relevant national data protection authorities and claims being made against companies that transfer personal data to the USA.
News / Consumer Rights - The New Law
The Consumer Rights Act 2015 (“CRA”), which comes into full force on 1st October 2015, revises and restates UK law relating to the sale and supply of goods and the supply of services to consumers, and for the first time provides separate rules relating to the supply of digital content to consumers.
News / Changes to UK Copyright Law Allow Copying of Music for Private Use
On 1st October 2014 further changes to UK copyright law come into force. Under the Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014, it will now be lawful to make personal copies of copyright works for private use.
News / Changes to Copyright Law
Copyright exists to incentivise the producers of creative works, by providing them with the right to control how their works are used and by whom, and to be remunerated for this use. Any copyright exceptions therefore need to be justifiable and ensure that a fair equilibrium is achieved between the costs to users and the incentive for the supply of those works.
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