Archive for October, 2011

European Commission sets out plans for 28th contract regime

31 October 2011 | Paul Gershlick

The European Commission has set out its plans for the 28th contract law regime. Rather than replace national contract laws, the 28th regime would work as an alternative to a Member State’s contract laws....

Tags on this discussion: B2B B2C business-to-business business-to-consumer commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law cross-border EU Europe European Commission European Council of Ministers European Parliament European Union Online

Owners of second homes in England may lose council tax discounts

31 October 2011 | Richard John

The Government has launched a consultation today on new proposals that would give local councils the power to reduce or remove council tax relief on second homes and empty homes. In the consultation...

Tags on this discussion: annex consultation council council tax discount empty property granny annex local authorities second home

Parsons v Thatchers Wood Residential Company: restrictive covenants and the definition of “a dwelling house”

31 October 2011 | David Marsden

Sometimes the law is seen as confusing and uncertain, and sometimes what was an accepted interpretation is turned upside down by a court judgment. This month is no exception. We have a further example...

Tags on this discussion: David Wilson Homes developers interpretation Landowners parsons residential property Restrictive Covenants Thatchers Wood Residential Company User covenants

Samsung seeks injunction to stop Apple iPhone 4S in four countries as Samsung is stopped from selling products for alleged infringement of Apple’s patents

31 October 2011 | Simon Weinberg

Samsung’s and Apple’s patent tit-for-tat spat continues apace, with Samsung seeking injunctions in Australia, France, Italy and Japan to stop Apple’s sales of the iPhone 4S. Samsung has recently...

Tags on this discussion: infringement injunction intellectual property rights intellectual property rights infringement IP IP infringement IP rights IPR IPR infringement IT patent patent infringement patent infringements Patents

Commercial property: Changes to capital allowances and fixtures expected in April 2012

31 October 2011 | David Marsden

Earlier in the year, HM Revenue & Customs (HMRC) published a consultation paper on major changes to the rules that allow capital allowances claims for plant and machinery fixtures in buildings. These...

Tags on this discussion: capital allowances Commercial Property consultation fittings fixtures machinery second-hand property

First person found guilty under Bribery Act

31 October 2011 | Paul Gershlick

A Redbridge Magistrates’ Court employee has become the first person to be convicted of an offence under the new Bribery Act. Munir Yakub Patel requested and received a bribe intending to improperly perform...

Tags on this discussion: bribery Bribery Act Bribery Act 2010 Bribery and Corruption Corruption fine guilty illegal prison

OFT consults on new penalty regime of 30% of turnover for competition law breaches

31 October 2011 | Paul Gershlick

The Office of Fair Trading, the UK’s competition law regulator, is consulting on proposals to revise its guidance as to the penalties for breaching the Competition Act 1998. Currently, organisations...

Tags on this discussion: abuse of dominance abuse of dominant position agreement agreements anti-competition anti-competitive anti-trust breach of competition law cartel commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act competition law competition law breach competition law regime competition regime contract contracts fine leniency market abuse market sharing Office of Fair Trading OFT price fixing unenforceable void

Compensation changes to compulsory purchase orders

31 October 2011 | Madeleine Wakeley

A group of compulsory purchase experts are campaigning for the government to change the way councils work how compensation is calculated when compulsory purchase orders (CPO) are exercised. The Compulsory...

Tags on this discussion: Commercial Developer Commercial Property Planning planning Commercial Property Residential Developer

Information Commissioner calls for compulsory data protection audits

30 October 2011 | Paul Gershlick

The Information Commissioner has reiterated his stance that compulsory data protection audits should take place for the private sector, local government and the NHS in order to improve how personal data...

Tags on this discussion: audit data data protection data protection act Data Protection Act 1998 data protection audit ICO Information Commissioner Information Commissioner's Office local government National Health Service NHS personal data pharma pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector private sector

OHIM and European Union General Court should have considered whether wine bottle was distinctive enough for trade mark protection – Freixenet SA v OHIM, European Court of Justice

30 October 2011 | Simon Weinberg

Freixenet applied to register the features of a wine bottle as a European Community Trade Mark. In particular, it claimed the colour “golden matt” and described the trade mark as a “white polished...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Community Trade Mark Regulation Community Trade Marks Court of Justice of European Union Court of Justice of the European Union CTM ECJ EU EU law European Community Trade Marks European Court of Justice European General Court European Union General Court General Court of the European Union Intellectual property intellectual property law intellectual property laws intellectual property rights IP IP law IP laws IP rights IPR OAMI OHIM trade mark trade marks trademarks

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Archive for October, 2011

European Commission sets out plans for 28th contract regime

Owners of second homes in England may lose council tax discounts

Parsons v Thatchers Wood Residential Company: restrictive covenants and the definition of “a dwelling house”

Samsung seeks injunction to stop Apple iPhone 4S in four countries as Samsung is stopped from selling products for alleged infringement of Apple’s patents

Commercial property: Changes to capital allowances and fixtures expected in April 2012

First person found guilty under Bribery Act

OFT consults on new penalty regime of 30% of turnover for competition law breaches

Compensation changes to compulsory purchase orders

Information Commissioner calls for compulsory data protection audits

OHIM and European Union General Court should have considered whether wine bottle was distinctive enough for trade mark protection – Freixenet SA v OHIM, European Court of Justice

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