Legal and Regulatory News
Updates on the latest legal and regulatory developments
On 23 July 2015 the European Commission (the “Commission”) sent a Statement of Objections to six major Hollywood studios (Disney, NBCUniversal, Paramount Pictures, Sony, Twentieth Century Fox and Warner Bros) and Sky UK alleging that certain clauses in content licensing agreements between Sky UK and those studios restrict the cross-border provision of pay TV services and are in breach of EU competition law. In addition to the implications that this case may have on existing and future commercial licensing deals, the Commission’s actions also provide an indication as to how it intends to proceed on proposed changes to copyright rules across the European Union.
30 July 2015
The decision in DNB Bank ASA v Gulf Eyadah Corporation and another (DIFC CFI 043-2014) concerns the hotly debated topic of parties using the DIFC courts as part of their enforcement strategies to enforce foreign judgments and arbitration awards in onshore Dubai and the wider United Arab Emirates.
23 July 2015
The Commercial Court’s recent decision in Emirates Trading Agency LLC v Sociedade De Fomento Industrial Private Limited  EWHC 1452 (Comm) is a poignant reminder of the need for parties to challenge arbitral awards (whether partial or final) promptly and within 28 days under section 70(3) of the Arbitration Act 1996.
16 July 2015
In a judgment handed down on 14 July 2015, the High Court has found that there should be a reference to the Court of Justice of the European Union on important issues concerning the legality of a tax imposed on overseas gambling operators.
14 July 2015
Competition & Regulatory
Recent months have seen the European Commission take great steps forward in its plan to create a Digital Single Market in Europe – this Bulletin provides an overview of the some of the Commission’s proposals, as well as detailing the regulatory review currently taking place in the UK. We also cover some recent developments – mostly concerning the Universal Service Directive – from the European courts.
10 July 2015
In Plumb v Duncan Print Group Limited the EAT has held that the Working Time Regulations 1998 (“WTR”) should be read to place a limit on a worker’s ability to take holiday which they were unable to take in the year in which it accrued due to sickness. The EAT found that such holiday must be taken within 18 months of the end of the leave year in which it accrued or it will lapse.
09 July 2015
Wednesday, 8 July was Budget Day in the UK and Olswang's
award-winning Tax team has been discussing it on the
Olswang Tax blog. Visit the blog to find the latest
news, views and analysis on the Chancellor's announcements and to
post your thoughts.
08 July 2015
The first half of 2015 has been characterised by a steady level of consolidation amongst Europe's mobile network operators. In this Bulletin we provide an update on recent merger control activity in the telecoms sector at both UK and EU level, providing insight into some of the key issues being considered by regulators.
08 July 2015
The top things you need to know for July 2015.
02 July 2015
What happens if you are a law firm acting for party A in an
arbitration and, as a result of actions undertaken by you in that
capacity, party B to the arbitration brings an action against you
in the High Court? Was party B entitled to do so? Do
the proceedings themselves constitute a breach of the principle of
confidentiality? Can you submit a defence without yourself
breaching arbitral confidentiality? These questions have
recently been addressed in the High Court decision in Sarah
Lynette Webb v Lewis Silkin LLP  EWHC 687 (Ch).
02 July 2015
Welcome to the latest edition of Olswang's Cyber Alert, a
regular round up of regulation, best practice and news from our
international cyber breach and crisis management team.
01 July 2015
There remains a varied and
fragmented approach to the regulation of online gambling across EU
Member States and while an increasing number of EU countries are
individually reviewing their gambling laws, the challenges faced by
both consumers and operators cannot be resolved by individual
countries acting alone. There remains scope for a
pan-European review of online gambling regulation given the
industry's inherent cross-border nature, with consumers opting to
use sites outside of their national borders, although the trend has
instead been for increasing individual country
01 July 2015
Often, where time-limited intellectual property rights expire,
companies keen to retain the monopoly on that aspect of their
products or services will seek trade mark protection to extend that
protection. A notable example is in the case of shape marks,
which are often more suitably protected by registered designs but
these can only confer a maximum of 25 years protection. The
perpetual protection offered by a trade mark is an attractive
option, which, if obtained, affords the trade mark proprietor a
monopoly and the ultimate advantage over their competitors.
19 June 2015
The Applicant, Canary Wharf Group, is the owner and developer of
the Canary Wharf Estate, a large area of office and retail space in
the Canary Wharf area originally purchased in 1987 and transferred
to CWG around 1998. In March 2013, CWG applied to register
CANARY WHARF for various services including real estate investment,
car parking and building construction services and printed
goods. The UK application was rejected on the basis of
sections 3(1)(b) and 3(1)(c) of the Trade Marks Act 1994 (i.e. on
the basis that the application was devoid of distinctive character
and descriptive) and the Applicant appealed to the High Court the
refusal on the following grounds:
16 June 2015
The relationship between contracting parties is often governed
by a number of different agreements. Difficulties can arise
where the dispute resolution provisions in those agreements
conflict and it is unclear where a dispute between the parties
should be heard.
08 June 2015