Brand Matters Issue 18: September 2020 Post Editor's Note Welcome to the Autumn 2020 edition of Brand Matters. News 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. News 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. News 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". News 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. News 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. News 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. News 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. News 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. News 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. News 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 Podcast Mishcon Academy: Digital Sessions - 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. Podcast Mishcon Academy: Digital Sessions - 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? Subscribe Never miss a publication by signing up to our mailing list Subscribe Brand Matters: Subscribe Brand Matters Issues Issue 34 Nov 2024 Issue 33 Jun 2024 Issue 32 Mar 2024 Issue 31 Nov 2023 Issue 30 Aug 2023 Issue 29 May 2023 Issue 28 Feb 2023 Issue 27 Oct 2022 Issue 26 Jun 2022 Issue 25 Mar 2022 Issue 24 Dec 2021 Issue 23 Sep 2021 Issue 22 Jul 2021 Issue 21 May 2021 Issue 20 Jan 2021 Issue 19 Nov 2020 Issue 18 Sep 2020 Issue 17 May 2020 Issue 16 Mar 2020 Issue 15 Dec 2019 Issue 14 Oct 2019 Issue 13 Jul 2019 Issue 12 Apr 2019 Issue 11 Dec 2018 Issue 10 Oct 2018 Issue 9 Jul 2018 Issue 8 Apr 2018 Issue 7 Nov 2017 Share
News 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.
News 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.
News 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".
News 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.
News 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.
News 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.
News 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.
News 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.
News 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.
News 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
Podcast Mishcon Academy: Digital Sessions - 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.
Podcast Mishcon Academy: Digital Sessions - 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?