20 September 2017

Don’t panic about data protection! 9 tips to steer organisations in the right direction

Data protection is a hot topic at the moment.  Some organisations may be  ahead of the game and already implementing internally some of the changes that compliance with the GDPR (General Data Protection Regulation) requires. There will be others who have not quite turned their attention to this issue. If you haven’t yet thought about data protection issues in your organisation, now is a good time to start. 

19 July 2017

Patents: why design-arounds are now harder

A recent judgment of the Supreme Court (Eli Lilly v Actavis) has revisited the law on the scope of protection of patent claims.

Patent holders can be pleased that the decision has broadened the previous test, and they are now more likely to be able to stop competitors who have attempted to design-around their patents.

For those competitors, things are harder: the test requires not only a consideration of the literal scope of the claim of the patent but, even if it falls outside this scope, if your product uses functionally equivalent elements to those directly claimed, there is now a higher chance you will still infringe.

5 July 2017

Why you could be sued for making threats to sue

Patents, trade marks and designs are valuable intellectual property assets, and the temptation is to act first and think later if the value of those assets is put at risk.

However, while firing off a cease and desist letter to distributors and retailers of infringing products may seem like an obvious first line of defence, this strategy is not without its pitfalls.

20 January 2017

Three (employment law) predictions for 2017

Few would dispute that 2016 was a tumultuous year. The biggest news in the UK was surely June’s vote in favour of Brexit. Theresa May has indicated that Article 50 will be triggered in March, which will then start the formal process of the UK leaving the European Union. That may generate some of the bigger political headlines of the year, but as we have discussed previously triggering Article 50 is, in itself, unlikely lead to major changes in employment law.

That does not mean, however, that 2017 will be uneventful from an employment law/HR perspective. Prediction may be difficult, "especially if it is about the future" as Niels Bohr once said, but we can still make some educated guesses about what will be competing for our attention over the next 12 months.