Elaine Hutton

@ Legal Geek Conference London 2024, it was a true pleasure to participate and connect with legal professionals and in-house legal counsels from 40+ countries, discussing legal innovation and digitalization—both of which essential to the ongoing success of the organization. #LegalGeek#LegalTechnology#LegalInovation#Lawtech

42

More new content to highlight for Lexis+ Competition - we are very happy to publish two new practice notes, written in partnership with Denis Fosselard and Fiona Garside at Ashurst, in relation to: 1. The EU Research and Development Block Exemption; and 2. The EU Specialisation Block Exemption These practice notes explain the key provisions of the block exemptions and should provide a useful reference tool for competition and commercial lawyers alike when dealing with these types of agreements. Links below (subscription required): The EU Research and Development Block Exemption 2023/1066: https://lnkd.in/ey9X6TE6 The EU Specialisation Block Exemption 2023/1067: https://lnkd.in/efJrbkfJ #competitionlaw #antitrust #blockexemptions #EUlaw #lexisnexis

7

On World Mental Health Day, I wanted to relay the following: 1. It’s ok not to be ok. 2. Mental health is health. 3. 1 in 4 Canadians have a mental illness. No one is exempt. 4. By 2025, depression will be the number one illness worldwide. 5. Managing towards reducing the stigma around mental illness and creating a safe environment for those with a mental illness is not just the right thing to do, it is the financially responsible thing to do (look no further than the percentage of those employees who are on short or long term disability leave due to mental illness). The time to act is now. Let’s move from words to action. Some of my actionable recommendations are below: 1. Leaders should set the tone from the top by showing they are not immune from mental illness struggles. 2. Companies should provide reasonable and sufficient mental health benefits. 3. Accommodate those who are managing their mental illness according to what they individually need not based on a generic corporate policy. 4. Above all, be kind. It’s not your struggle until you live it. https://lnkd.in/gbTT2g2h

88

2 Comments

This as one standout line,....The regulations may make provisions regarding the granting of a licence in England, including provisions which mean a licensing authority could not grant a licence to a premises in a particular area (for example, proximity to a school), or limiting the number of licences within a particular area. #licensing #vaping #smoking

4

For about 3 years now I have been boring people about the tech revolution happening in the #rural sector, but it is happening and, with it, the very nature of #farming is changing with an #agribusiness needing to interact with new sectors/ providers and consider new legal issues. This article from my colleague, Amy R., is a great example of what is going on in the #dairy sector and some things to consider.

15

3 Comments

The DMCC Act is set to significantly transform UK consumer law enforcement, granting the CMA groundbreaking new powers, including the ability to impose direct fines of up to 10% of global annual turnover. The Act also introduces changes to substantive UK consumer law. In this edition of our spotlight series, we focus on the new rules affecting UK consumer subscriptions. If you have any questions please get in touch with me, Helen Brown, Lucy Hart or Cara Heaslip. #bakermckenzie #consumer #DMCC #subscriptions Click here to read more:

15

Women in IP Leadership: Alison McGinn: Partner, Banki Haddock Fiora. An interview: inspirations, experiences, and ideas for equality. Read the full article here on page 15 👉 https://lnkd.in/era_tQEK #trademark #lawyer #womeninIP #IPleadership #partner #lawfirm #interview #equality #IPlaw

6

Thanks to Retail Jeweller for publishing my short Opinion piece on ownership of an eponymous brand name brought out of administration. Read all about it! "Top jewellery designers commonly trade under their own name, some well-known UK examples being Stephen Webster, David Marshall, Paul Spurgeon, Sarah Jordan, Rodney Rayner and Shaun Leane (all save for Webster past and current clients of mine). But where the business has your name who owns the name? With news that eponymous jewellery brand Shaun Leane has been brought out of administration by a third-party purchaser, amid reports that Shaun Leane says he intends to continue designing, who will actually own the brand name? Can Mr Leane trade in his own name without infringing the new owner’s intellectual property rights? The probability is that the legal documentation that effected the purchase of the business included or will include the assignment of the brand and all associated intellectual property. ‘Shaun Leane’ is the registered trademark of Leane covering the following classes of goods and services; perfumes etc, jewellery & watches, photos, stationery, furniture, advertising, educational and entertainment services and jewellery and watch design services amongst many others. As at the date of preparing this article, the trademark remains registered to Shaun Leane and is valid up to July 2030 and is renewable thereafter. If the trademark is to be assigned to the purchasers, then where would that leave Shaun Leane? As happened with the fashion designer Karen Millen when her business was brought out of administration in 2004, the likelihood is that Shaun Leane would be required to agree not to trade using the brand name within jewellery or within any of the goods or services for which the trademark is registered. Just as with Karen Millen, he would then find himself contractually prevented from trading in his own name. But why would a contract be required since the buyer takes ownership of the trademark registration? The use of the mark by anyone other than the registered owner, is an infringement, and that would include the former owner, except that there is the own name defence. Section 11 Trade Marks Act 1994 provides a defence to trade mark infringement when using your own name. But it is only available to individuals, not to companies, and it must be “in accordance with honest practices in industrial or commercial matters”. Depending on what representations were made during the negotiations with the purchaser, the use of one’s own name might or might not be permissible. Binding the former eponymous owners to a contractual prohibition eliminates the possibility of the own name defence. So, without the permission of the new owners of the Shaun Leane® brand, our much-heralded design champion may have to adopt a new name!"

3

1 Comment

Following introduction into the UK Parliament in 2023, the long-awaited Digital Markets, Competition and Consumers Act received Royal Assent on 24 May and represents a major shift in UK digital, competition and consumer protection regulation. Read more about the new act from Cooley LLP lawyers Caroline Hobson, Mark Simpson, Christine Graham and Anna Caro at the link below. #CooleyREG

3

Our new UK Public M&A Market Update for 2024 provides a snapshot of the current trends, shifts and predictions. Read more and request a copy. https://ow.ly/31OZ50RAGZO #PublicMnA #MarketInsights

3

Even more great new content for Lexis+ Competition to highlight. We have published two new practice notes, written in partnership with Kate Newman and Dr Sara Warner of Mills & Reeve, on the UK's and EU's Horizontal Cooperation Guidance/Guidelines. Links below (subscription required): Analysing horizontal cooperation agreements under UK competition law: https://lnkd.in/eVpfX5E7 Analysing horizontal cooperation agreements under EU competition law: https://lnkd.in/ewsXWC4p #horizontalagreements #competitionlaw #antitrust #lexisnexis

6

2 Comments

The UK Court of Appeal 🏛️ recently issued its judgment in Interdigital v Lenovo, further consolidating the UK jurisprudence on FRAND and the setting of FRAND royalties. Whilst largely upholding the trial judge’s decision, the Court of Appeal increased the royalties payable by Lenovo and confirmed that the FRAND licence fees determined by the Court can extend beyond normal limitation periods (unlike damages for patent infringement). Highly recommend this article by my colleagues Andrew Moir, David Webb and Amelia Chammas for further insights on this decision 🌟 #intellectualproperty #patents #SEPs #FRAND

11

Happy Friday Linksters 🌞 just a quick repost of our briefing regarding the CMA’s new tailored compliance guide for fashion brands when making green claims. Since 2021 the CMA has been particularly active in this sector and with regard to businesses making environmental claims in general. This guidance follows the guidance issued by the CMA in July regarding the green energy and heating sector. We are seeing the same activity globally as national regulators focus on potential greenwashing at the same time that sustainability and ESG becomes an ever increasing priority of society and in the Board Room. As previously mentioned, consumer law compliance will have a greater focus in the UK from April 2025 when the CMA’s new enforcement powers are implemented. These include issuing fines of up to 10% of global turnover for noncompliance. This aligns UK consumer law to areas such as health and safety, competition law and data privacy. With 6 months to go we are talking to clients about preparations for this fundamental change. Actions may include considering any previous consumer complaints, reviewing the customer journey and carefully reviewing marketing and sales information provided about the business and its products. If you would like further information about this area or any aspect of consumer law, please contact myself, Louise Howarth, Deborah Polden, Eve England, Joanna Hooper, Misha Sealy, Zoe Haden or Alexandra Liddell MA (Oxon). I hope this is of interest. Have a good weekend when it comes, as everyone now seems to say on a Friday! 😊 Eversheds Sutherland #ESG #greenwashing #CMA #DMCC #consumerlaw

13

📢 The Latest Legal Trends Report is here! 📢 Discover what’s transforming the legal landscape in the UK with Clio’s latest Legal Trends Report—featuring exclusive UK-specific research for the first time. 🇬🇧 Inside the main, you’ll find essential insights on: 📈 AI’s influence on daily practice ⚖️ The shift toward fixed-fee billing 📊 New strategies for client engagement Plus, check out this infographic featuring supplementary UK-specific research—including eye-opening stats on AI usage among UK law firms. Did you know: 96% of UK firms have already adopted AI in their legal processes? Download the report now: https://lnkd.in/eXqaH6yr #LegalTrends #ClioLegalTrends #UKLegal #LawFirmInnovation

3

The publicity around Meghan's American Riviera Orchard trade mark is a useful reminder that it is good practice to file trade marks before launch, and that specification objections are a normal (and often relatively minor) step in the process. You can read my brief thoughts here: https://lnkd.in/eyrrUpt7 #trademarks #ip #wipo #AmericanRivieraOrchard

10

Why measure the performance of your in-house legal team - and how do you do it? It’s the role of a General Counsel to provide and promote an efficient and responsive legal service to their internal stakeholders. But if there are no clear performance metrics in place, there is no business case for continued investment in the legal function. What’s the best way to demonstrate your in-house team’s value to the business? This was the theme of our latest General Counsel roundtable event, the third in our Legal Operations series. We were honoured to have Chris Fowler Legal COO at Rio Tinto, share his insights both from his current role and his previous career, which includes nearly more than 20 years in various senior roles at BT. For those running large institutional in-house legal teams, there were four broad areas of advice. Find out more in our blog https://lnkd.in/et4QxaSD Well done to my colleagues Amanda Chard and Sarita Rai for hosting this and adding real value to the General Counsel community. #generalcounsel #headoflegal #inhousecounsel #legalrecruitment #marsden

23

Osborne Clarke has advised Creo Medical Group PLC on its entry into a binding agreement for the sale of 51% of the issued share capital of wholly owned subsidiary Creo Medical S.L.U. ("Creo Europe") to endoscopic medical device manufacturer Micro-Tech. 🔬 Creo Europe manufactures and distributes specialist Gastroenterology, Urology and Endoscopy products to healthcare providers across Europe, with a product range including Creo's own manufactured products, Creo-branded (third-party manufactured) products, and third-party branded (i.e. distributed) products, predominantly in the major European markets. Thanks to our multijurisdictional corporate team that advised on this transaction, led by Sara Barona, David Miranda and Pilar Díaz Argelich in Spain, along with David Ferris and James Mackay in the UK. You can read more about this deal here: https://lnkd.in/dTHS3yex

46

Online safety and Ofcom are big news today - with Ofcom confirming the next steps in its regulation of online service providers. Here's our TLT take on the subject and some suggestions on how to develop a compliance plan for the Online Safety Act. #december2024 #getready with Alastair Edmondson and Oluwagbemiga O.!

31

4 Comments