IP, technology & commercial publications

 

These articles and case studies etc have been written by lawyers at Speechly Bircham. Please get in touch with the authors if you would like more information on a particular topic.

Articles and case studies are in pdf format which can be viewed using Acrobat Reader. If you do not have Acrobat Reader, you can download it here. Seminar slides are in a format which will run without the need for Powerpoint.

Comparative advertising between traders
UK law restricting comparative advertising between traders has recently changed, with the old ‘Control of Misleading Advertisements Regulations 1988’ (as amended) being replaced by the ‘Business Protection from Misleading Marketing Regulations 2008’, Paul Harris and Suzy Schmitz discuss... read more
This article was first published in Speechly Bircham's Inbrief publication (November 2008)

FASTtalk ROUNDTABLE DEBATE - Countering the Threat Within
The broadband revolution has allowed companies to increasingly use the Internet toreach their customers and enable their staff to be more mobile. IT activities now extendway beyond the traditional physical network boundaries, but as a result, are those ITsystems secure?...Read more

Business Trends in Virtual Worlds and Social Networks An overview of the legal and regulatory issues relating to Intellectual Property and money transactions...read more

Inform: IP, Technology & Commercial - November 2008
In this months edition, we will look at a number of key issues hitting the headlines, including an update on data security legal issues...read more

London 2012 - not the golden opportunity advertisers were hoping for
Paul Harris and Suzy Schmitz look at the pitfalls of advertising in the run up to the olympic games...read more
(October 2008)

Inform: IP, Technology & Commercial - September 2008
In this month's edition, we will look at a number of key issues hitting the headlines, including information security breaches by the Finnish government and a US healthcare provider...read more

Everything has gone green
Most organisations are now highly aware of 'green issues' in business. Mark Bailey looks at the issues and the importance of a green policy ...read more
This article was first published in Speechly Bircham's Inbrief brochure (July 2008)

Inform: IP, Technology & Commercial review 2007/2008
This review looks at the IP, Technology & Commercial team and their clients and the work during the last year...read more

Inform: IP, Technology & Commercial newsletter
This month we look at The Companies (Trading Disclosures) Regulations 2008 which come into force on 1 October 2008...read more

Commercial considerations: dealing with temporary workers and employment businesses
Many businesses are heavily reliant on the supply of temporary workers, who are generally afforded low legislative protection. In this article, Mark Bailey asks if the protections of current legislation are adequate, and outlines the steps that can be taken by hirers to improve contractual protections and mitigate risk to their business ...read more

The application form is very similar to that which the International Chamber of Commerce BCR working party drafted, of which Robert Bond is chair.

The standard application form is intended to provide a one stop track mechanism for companies to obtain approval in all member states of their BCR, as an alternative solution to the use of EU approved model clauses for adducing adequacy of protection in relation to personal data when it is transferred from within the EEA to third countries.

For more information please contact robert.bond@speechlys.com

Binding corporate rules - well, almost
Head of Technology and Commerce, Robert Bond, explores the options for transferring personal data cross border...read more

Switzerland Implements Similar Data Protection Laws to Germany
The Swiss Parliament has published revisions to the existing Federal Data Protection Act to bring it inline with the laws of EU member states, notwithstanding that the European Commission already regards Switzerland as offering an adequate level of privacy protection under article 25(2) of the Data Protection Directive.

Although the data protection regime in Switzerland is very similar to that of EU member states the following points should be noted:

• Swiss Data Protection Law includes within the definition of "personal data" both individuals as well as legal persons thereby effectively covering corporate data
• Both data controllers and data processors are bound to comply with the same requirements of the law
• There will be an audit and certification system available for businesses so that they can demonstrate compliance with the law
• The requirement to notify or register with the Data Protection Authority in respect of data processing activities is not required where the data controller or data processor appoints a privacy officer.

We monitor data protection and information security laws in most countries throughout the world and continue to advise international companies on global data protection compliance. For further information please contact robert.bond@speechlys.com

Computer software designers and Registered Designs
In the UK the Community Design Regulation has made the registration of designs of computer icons, graphical user interfaces and web pages, a real opportunity for software developers and program owners ...read more

CEBS publishes guidelines on outsourcing by credit institutions
These guidelines take account of MiFID and build on many other outsourcing advice documents. Here we provide some guidance ...read more

Copyright - what's yours is mine and what's mine is my own!
Robert Bond looks at whether an English court will go as far as imputing an assignment of copyright into a contract for a commissioned work ...read more

UK Publishes The Waste Electrical and Electronic Equipment Regulations 2006

The UK WEEE Regulations were published on 11 December 2006 and come into force on 2 January 2007 but with certain compliance aspects being staged from that time until 1 July 2007.

The WEEE Regulations follow closely the obligations set out in the WEEE Directive and sit in parallel with the UK RoHS Regulations 2006 which are already in force.

We have compiled a chart of the current state of implementation of the WEEE and RoHS Directives throughout the EU which is available on request.

For further information please contact either robert.bond@speechlys.com or james.castro-edwards@speechlys.com .

More eNews December 2006
Guidance on distance selling, The Computer Misuse Act is updated, EC publishes new consultation on RoHS Directive and a WEEE update ...read more

eNews December 2006
The Safeguarding Vulnerable Groups Bill, the Companies Act empowers IP owners and the Environmentally friendly disposal of batteries legislation ... read more

More eNews October 2006
RFID and data protection and an overview of WEEE and RoHS ... read more 

Contract management - centralised or localised?
Robert Bond takes a look at the risks of using standard US style agreements in the UK and EU ... read more

EU data protection laws, but does the law have teeth?
Multinationals that are now seeking to comply fully with European data protection laws are often slow to address compliance. However, whilst the EU has legislation, do the regulators in Europe really ever enforce that legislation? ... read more

eNews October 2006
Current developments and key issues in IT and IP. This month covers the misrepresentation of Privacy Practices, a report on the German Data Commissioner's calls for RFID privacy safeguards and a Privacy Code for Biometrics ... read more

Recycling of components: the clock is ticking
The European Commission’s current environmental initiatives have significant implications for producers of electrical and electronic equipment (EEE)... read more

The right tools?
Mark Bailey asks whether the newly launched Lambert Toolkit will bring greater clarity for university / industry collaborations ... read more
Published in Patent World www.ipworldonline.com

Keeping confidential information out of the public domain
The Freedom of Information Act 2000 - Implications for businesses working with the public sector... read more

Web spidering and deep linking
Although there have been a number of reports in specialist internet and legal press, many website proprietors seem ignorant of the legal risks inherent in 'spidering' and deep linking to the content of other websites... read more

Hi-tech insolvency: end of the founder's claw-back right?
With the rise in insolvencies amongst technology companies, founders of new ventures need to address the problem of what will happen to their technology (such as a compmuter program or patent) if their business fails... read more

New tax rules in Finance Bill
New tax rules for shares acquired by management teams and investors in buy-outs and spin-outs are one of the unexpected provisions of the recent Finance Bill. In this note, we outline the government's main proposals and assess their likely impact... read more

Business continuity and disaster recovery
Businesses are now so reliant on their hardware and software providers, and frequently also outsourcing partners, that the consequences of an insolvency of a major supplier could potentially be catastrophic to a business... read more

Copyright infringement: counterfeiting is big business
According to figures recently published by the Alliance against Counterfeiting and Piracy, counterfeiting costs British industry over £8 billion a year, and the Treasury over £1 billion annually. Counterfeiting involves a wide range of goods, including false computer software, luxury branded goods, motor parts, pharmaceuticals and music and video products…
Click here to download full article (PDF 97k)

Overview of data protection law
This document is provided as an overview of the law of data protection with particular emphasis on how it may affect the immediate and developing commercial position of your company...
Click here to download the full article (PDF 133k)