Directive on Copyright in the Digital Single Market: What you need to know
Following recent leaks of the Draft Directive on Copyright in the Digital Single Market (“the Directive”) and the EU Commission’s Communication relating to the Directive (“the Communication”), we round...
View ArticleWhat you need to know about the now official proposals for a Digital Single...
Our last blog here was based on a leaked version of the proposed changes to copyright in the EU. The official press release from the European Commission has how been released and – as expected – the...
View ArticleForfar Bridies and intellectual property
Two local Forfar bakers have come together as the Forfar Bridie Producer Association to apply for a protected geographical indication (PGI) for the name “Forfar Bridie”. If they are successful these EU...
View ArticleTake notice of notice clauses
Most IT contracts contain a formal notice clause. Usually found at the end of a contract, this clause will generally stipulate who the supplier and customer should address notices under the contract...
View ArticleExploiting The Intellectual Property in Your Real Estate Assets?
Buildings and property developments increasingly have unique personalities and commonly are given a quirky name or title as part of their address. They can also have distinct and instantaneously...
View ArticleGet your Wifi network password protected or face legal action?
A recent European Court of Justice (ECJ) ruling highlights national court’s powers to enforce password protection on Wi-Fi networks and clarifies the instances where providers of free, unprotected...
View ArticleA Potent Trade Mark Brew of Alcohol and Music………
Trade marks and the ELVIS wars – pick your fights carefully? Who would have thought we would see a Scottish based brewery taking on the might of the Elvis Presley Estate in a trade mark dispute? Well...
View ArticleA Puzzling Decision? Rubik cube shape trade mark held invalid
The European Court of Justice (‘ECJ’) has decided that the Rubik Cube shape cannot be a valid registered trade mark. The shape of this well-known best seller puzzle toy had been registered as an EU...
View ArticleGDPR: First European Guidance Emerges
The first set of guidance on specific aspects of the new General Data Protection Regulation has been adopted by the Article 29 Working Party, the group that represents the data protection authorities...
View ArticleCommission proposes new ePrivacy rules
Last week the European Commission published proposals for replacing the current ePrivacy Directive. Reforming ePrivacy laws is the final piece of the jigsaw for data protection law reform, following...
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Bill to reform third party rights under Scottish contract law
Following a recent consultation by the Scottish Law Commission (SLC), the Scottish Government today introduced a bill to the Scottish Parliament to reform the laws on third party rights under Scottish...
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Data protection and Brexit – an update
There have been a couple of developments this week which may help shed some light on the approach that the Government plans to take in relation to data protection law in the UK following Brexit, and...
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When neighbours fall out: court awards damages for misuse of CCTV
Last week a Scottish court issued a judgment in a case where damages were sought for breaches of the Data Protection Act 1998 (DPA) in relation to domestic CCTV and surveillance equipment. Whilst, as a...
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WP29 approves Google ts and cs for international data transfers
Earlier this month, Google announced that the Article 29 Working Party (WP29) has confirmed that Google’s terms and conditions for G-Suite (Google Apps) and Google Cloud Platform are consistent with...
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Consent and the GDPR – the ICO publishes draft guidance
The Information Commissioner (ICO) has published for consultation draft guidance on its interpretation of “consent” under the General Data Protection Regulation (GDPR). The consultation is open until...
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Planning Permission – not a licence to infringe copyright in designs
Equating planning permission with a copyright licence in designs can be costly. A recent English High Court case (Signature Realty Limited V Fortis Developments Ltd and others) has again brought...
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ICO identifies priorities for local authorities on GDPR compliance
The Information Commissioner (ICO) has published the results of an Information Governance survey carried out last year in relation to local government. The survey highlights some key areas that local...
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ICO issues fines for breaches of rules on electronic marketing
A recurring question from clients is whether they can send an email to individuals that have opted out of marketing to ask them if they would like to opt back in. Is that request in itself marketing? A...
View ArticleServing notices: revisited
Notice clauses are usually found at the end of IT contracts and so can often be overlooked. We blogged back in September on why you should check this clause before serving a notice on your supplier or...
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ICO fines more charities for breaches of data protection laws
Following monetary penalty notices issued against the RPSCA and the British Heart Foundation last December, the Information Commissioner’s Office has fined another eleven charities for breaches of data...
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