Legal and Regulatory News

Updates on the latest legal and regulatory developments

Media

European Commission issues formal charges in its investigation into Pay TV content licensing arrangements

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

Remember, remember, remember: the need to challenge arbitral awards promptly

The Commercial Court’s recent decision in Emirates Trading Agency LLC v Sociedade De Fomento Industrial Private Limited [2015] 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

Competition & Regulatory

Olswang Competition Telecoms Bulletin – Regulatory News

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

Employment

Employment Appeal Tribunal confirms limit on carry-over of holiday not used due to sickness absence

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

2015 Summer Budget Analysis

Tax

2015 Summer Budget Analysis

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

Telecommunications

Olswang Competition Telecoms Bulletin - Merger Control

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

Arbitral confidentiality and the right to protect legitimate interest

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 [2015] EWHC 687 (Ch).

02 July 2015

Cyber security

Cyber Alert 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

Gambling

Harmonisation of EU online gambling regulation

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 regulation.

01 July 2015

IP

Case C-215/14 Societe des Produits Nestle SA v Cadbury UK Limited

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

Private property estates: Register trade marks early to avoid disappointment (Canary Wharf Group Plc v The Comptroller General of Patents, Designs and Trade Marks)

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

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