Industry Sector Insight

Views, market intelligence and trends in our industry sectors

Scope of CTM Specifications under the EU Trade Mark Reforms

Trademark

Scope of CTM Specifications under the EU Trade Mark Reforms

Following the widely reported CJEU decision in the IP Translator case (Case C-307/10), trade mark applicants must identify the goods and services with ‘sufficient clarity and precision’ such that it is possible, on that sole basis, to determine the scope of protection... 

08 February 2016

New film rules in Spain: reform of the support scheme

Media

New film rules in Spain: reform of the support scheme

The reform of the Spanish film support scheme has just been completed with the enactment of a new Royal Decree developing the Cinema Act and two Ministerial Orders relating to (i) the regulatory framework for film subsidies, and (ii) the recognition of film costs and producer’s investment respectively. Here is a summary of the key developments introduced by these new regulations...

 

18 January 2016

Consumer

Top consumer law issues we were talking about in 2015

The Consumer Rights Act 2015 (“CRA”) came into force on 1 October 2015, consolidating existing consumer legislation and making a variety of changes to the consumer law landscape.  The CRA followed hot on the heels of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which came into force in June 2014 which, amongst other things, extended the cooling off periods for distance contracts to 14 days, banned additional charges levied by pre-ticked boxes and increased the information businesses must give to consumers buying goods, services or digital content from them.

In recent years, we have seen changes in the primary regulator responsible for enforcing consumer law.  It is now the Competition and Markets Authority (“CMA”), which has been given greater enforcement powers than its predecessor, the OFT.  It has certainly appeared keen to flex its muscles and its recently announced investigations, for example into cloud storage services and price comparison websites, have been keeping our CMA practice busy!

As the dust begins to settle and businesses begin to adapt to these changes, we look back at some of the most frequently asked questions about consumer law in 2015, and look ahead to what changes may still be on the horizon.

12 January 2016

Gambling

Taking a gamble on customer data – Part 3

In the third of a series of articles by Olswang relating to data in the gambling sector, we explore the issue of ‘big data’ and consider how gambling businesses can use it to benefit themselves and their customers while still remaining compliant.

17 December 2015

Real Estate

Rent refund following successful exercise of tenant’s break right

In Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2 December 2015], the Supreme Court has given judgments that will not be welcomed by the tenant community. If a tenant successfully breaks its lease, the landlord will usually not be obliged to refund to the tenant any advance rent paid for the period after the date that the lease terminates, unless the lease expressly requires the landlord to make the refund.

08 December 2015

Gambling

Taking a gamble on customer data - Part 2

In the second of a series of articles by Olswang relating to data in the gambling sector, we explore the issue of cyber security and examine the risks of data breaches for gambling businesses and what they should be doing to plan, prepare and protect themselves.  

03 December 2015

Gambling

Taking a gamble on customer data

Data is intrinsic to any gambling business – from collecting and monetising it to storing and protecting it, data is a valuable and business critical asset.  With data frequently touted as ‘the new oil’, the stakes for getting it right (or wrong) have never been higher.  In a series of articles over the coming weeks, Olswang will explore various hot topics relating to data in the gambling sector, including data and cyber security, marketing rules, ‘big data’ and the impact of the new General Data Protection Regulation.

03 December 2015

The UPC: Will it happen? And, if so, will it work?

The UPC: Will it happen? And, if so, will it work?

The long-awaited and much-heralded European Unitary Patent system and the Unified Patent Court (UPC) appears to be coming closer into view. A huge amount of work, largely by volunteers, has been done in devising a system of patent filing and litigation aimed to operate to the same high standards right across the EU – and be comparable to, or better than, what is offered in the other major IP blocs, such as the United States, Japan and China. However, the practicalities around the UPC’s actual arrival in Europe remain shrouded in uncertainty. The general consensus of industry practitioners is that it will continue to be unclear until the system is finally up and running.

25 November 2015

Gaming

Olswang on eSports: Regulation, Doping and Dispute Resolution

The eSports industry is currently growing at a tremendous speed. With irresistible commercial opportunities on offer for an increasingly diverse array of interested parties, it is perhaps inevitable that the industry will see an exponential growth in the number of disputes which occur. In this article we explore the extent to which the eSports industry is currently governed, discuss the industry’s problem with and reaction to doping, and also share our thoughts on the future development of dispute resolution in this area …

18 November 2015

TMT

TMT: latest regulatory changes and jurisdictional developments

The Corporate LiveWire Technology, Media & Telecommunications 2015 Virtual Roundtable is a platform for TMT experts from around the world to discuss the latest regulatory changes and jurisdictional developments. Head of Olswang’s Telecoms practice Purvi Parekh, discusses the latest changes and developments in TMT, with highlight topics including: market consolidation, IoT services and new technologies such as wearables and 3D printing, piracy, and the key trends expected for the year ahead..

17 November 2015

Gaming

Olswang on eSports: opportunities for the gambling sector

As explored in the first instalment of the Olswang on eSports series, the eSports industry has undergone rapid expansion in recent years and, with such growth set to continue, the commercial world has begun to take notice of what was once deemed little more than a subculture. In this article we delve deeper into the opportunities that eSports offers to the gambling sector and analyse some of the obstacles that operators face in monetising the vast following that eSports has accumulated to date.

13 November 2015

Olswang on eSports

Gaming

Olswang on eSports

For the uninitiated, eSports is the term used for organised, competitive computer gaming. Much like traditional sports, players (often in teams) battle each other virtually (as opposed to on the pitch) for large cash prizes. For Olswang, eSports sits at the intersection of many of our core areas of expertise, including sports, media, advertising, technology, video games and gambling. In this series of articles, specialists from the Olswang team explore some of the industry’s potentially lucrative revenue streams and most interesting opportunities - and look at the legal and commercial questions that are still to be answered...

13 November 2015

The Future of AIM

The Future of AIM

To coincide with the 20th anniversary of the London Stock Exchange’s AIM, international law firm Olswang has launched the Future of AIM series. From the explosive growth of technology and retail companies listed on AIM to thousands of both domestic and international company IPOs, the Future of AIM examines the past, present and future of companies listed and looking to float on this rapidly growing marketplace.

11 November 2015

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