Brand Matters

Issue 18
6882Sally Britton, Partner, Dispute Resolution

Editor's Note

Welcome to the Autumn 2020 edition of Brand Matters.

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Corporate Insolvency and Governance Act – Ipso Facto Termination Clauses

The Corporate Insolvency and Governance Act 2020, which came into force in June 2020, contains provisions significantly impacting upon the effect of so-called ipso facto termination clauses in contracts for the supply of goods and services in the context of insolvency proceedings.

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Bike mechanics or an expression of a free and creative choice?

The Court of Justice of the EU (CJEU) has ruled that copyright protection may be available to products whose design is, in part, necessary to obtain a technical result: such as potentially the design of the iconic Brompton folding bicycle, sold in its current form since 1987.

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Department for Transport considers compulsory charge for all online deliveries to cut pollution

The Department for Transport's Science Advisory Council recently published its position statement on last mile logistics, considering a mandatory charge across all customer deliveries and returns "to encourage consumers to recognise their true business, societal and environmental cost, and hence encourage more sustainable behaviour".

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UK Government publishes its plans for the UK/EU border

The Government has published its updated operating model for the UK/EU border, providing more detail on how it sees imports and exports moving between the UK and the EU once it has left the bloc’s single market and customs union.

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Schrems II – sending data to the US (and other non-EEA countries) is now a major challenge

Businesses which are currently sending data to the US in reliance on the Privacy Shield need urgently to replace those arrangements. The big question is "with what?". The CJEU's recent decision in "Schrems II" means that the alternative route – Standard Contractual Clauses – is open to challenge too.

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CMA consults on its approach to leniency in RPM cases

Both brand owners and - importantly now - resellers need to be particularly careful not to enter into agreements with unlawful restrictions on the resale price of goods.

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The Competition to Collaborate: Competition law shouldn't obstruct collaboration for the purpose of sustainability

As we rebuild from the COVID-19 pandemic, the need for collaboration in the private sector has never been greater.

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Brexit: EU trade mark and designs cancellation actions and UK comparable rights

The UK Government has published draft Exit Regulations dealing with the provision in the EU Withdrawal Agreement relating to ongoing cancellation actions against EU trade marks or designs at the end of the transition period, and the implications for comparable UK rights.

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Age Appropriate Design Code in force on 2 September 2020: Companies have 12 months to prepare

The Information Commissioner's Office (the ICO) has confirmed that its Age Appropriate Design Code, designed to ensure that children's personal data has a baseline of protection automatically by design and default, is now in force from 2 September 2020.

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Brexit: Placing goods on the EU and UK markets and marking requirements

The UK Government has issued guidance concerning the placing of manufactured goods on the market in Great Britain, Northern Ireland, and in the EU after 1 January 2021, focusing on conformity marking requirements for certain goods

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Mishcon Academy: Digital Sessions podcast – Supporting a more sustainable fashion business model

Join Managing Associate Suzi Sendama and Associate Emily Dorotheou, both lawyers in Mishcon de Reya's Retail Group, as they discuss the importance of sustainability within the fashion industry.

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Mishcon Academy: Digital Sessions podcast – The future of travel and tourism

Join Partner Neil Baylis and Editor-in-Chief for the EMEA region at Questex Hospitality Group, Katherine Doggrell, as they discuss the future of travel and tourism: is it the dawn of a new age or just a temporary crisis?

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