Partner

Paul Gershlick

01923 208816
paul.gershlick@mablaw.com

Paul advises on all areas of commercial law and other general legal advice in a commercial context involving day-to-day business issues. In particular, he drafts, negotiates and advises on all commercial contracts, particularly in the pharmaceuticals and life sciences, IT, online and retail sectors. This includes agreements involving intellectual property (IP) assignments and licences, software development, software licences, hosting, SaaS (software as a service), web design, managed services, disaster recovery, support & maintenance, agency, distribution, supply, manufacturing, merchandising, warehousing, outsourcing, purchase and franchise; B2B, B2C, B2G, and international agreements. Paul also advises on data protection, brand protection, advertising and know-how issues.

Latest news and views from Paul Gershlick

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Draco antiviral wonderdrug could be cure for common cold and many other viruses

22 December 2011 | Paul Gershlick

An antiviral drug called Draco may be the cure for many viruses from colds, through to swine flu or bird flu. If trials go well, it could consign the common cold to history. However, it may be several...

Tags on this discussion: antiviral pharma pharmaceutical pharmaceutical business pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector research

Use of story in book for script ruled off side – Hodgson and Jarvie v Isaac and Notting Hill Movies, Patents County Court

21 December 2011 | Paul Gershlick

Hodgson was a disabled football fan and with Jarvie’s help he wrote a book about his experiences. Hodgson later worked with X for X to write a screenplay. However, Hodgson withdrew permission when he...

Tags on this discussion: book copyright Copyright Designs and Patents Act 1998 copyright holder copyright infringement copyright law copyright licence copyright owner copyrighted material infringe infringement Intellectual property intellectual property law intellectual property laws intellectual property rights IP IP infringement IP law IPR publish publisher screenplay story

Atos to provide service that will enable comparison of data across GP practices in England – but privacy campaigners complain again

21 December 2011 | Paul Gershlick

Atos has been engaged to provide an £8m service through a computer system so as to extract data about patients from GPs’ surgeries and enable comparable extractions across the NHS. The Department of...

Tags on this discussion: data data controller data protection data protection act Data Provider data security data subject GP IT misuse of data NHS personal data pharma pharmaceutical pharmaceutical industry pharmaceutical market pharmaceutical sector privacy sensitive personal data Software

Customs officials cannot seize counterfeit goods that are merely in transit in the EU and not intended for sale in the EU – Philips v Lucheng and Nokia v HMRC, European Court of Justice

21 December 2011 | Paul Gershlick

Counterfeit goods that are in the European Union purely because they are in transit between non-EU countries cannot be seized by customs authorities, according to a ruling of the European Court of Justice....

Tags on this discussion: brand brand protection branding counterfeit counterfeit goods customs EU trade mark HM Revenue & Customs HMRC Intellectual property intellectual property law intellectual property laws intellectual property rights IP IP infringement IPR seizure trade trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark infringement trademarks

Google not liable for allegedly defamatory comments posted on its hosted service when brought to its attention as they were still disputed by the author – Davison v Habeeb and Google, High Court

20 December 2011 | Paul Gershlick | 1 comment

Google was not liable for allegedly defamatory comments posted about Davison on Google’s hosted service at blogger.com, despite the online service giant having kept the comments up even after being told...

Tags on this discussion: defamation defamatory e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive High Court host hosting Internet service provider libel libellous libelous On-line Online online content take-down take-down policy web web content web postings web site web sites web-host webhost Website website content websites

Government seeks views on disabled’s use of websites

20 December 2011 | Paul Gershlick

The Government has set up a web-based forum to seek the views and comments of disabled users as to problems they experience when they use websites. The Government is also asking them what laws and regulations...

Tags on this discussion: DDA disability disability discrimination Disability Discrimination Act On-line Online online content W3C web web content web site web sites Website website content websites World Wide Web Consortium

After BT, now Sky blocks Newzbin2

19 December 2011 | Paul Gershlick

Following its recent success in obtaining a court order for BT to block access to its users to Newzbin2, the file-sharing website,, the file-sharing website, the Motion Picture Association has asked further...

Tags on this discussion: copryight infringement copyright copyright infringement infringe infringement intellectual property rights infringement Internet Internet access Internet connection Internet protocol address Internet service provider Internet service providers Internet use Internet user IP IP address IP infringement IPR IPR infringement ISP On-line Online online content online piracy P2P peer-to-peer pirated web web content web site web site content web sites web-piracy Website website block website blocking website content

Intellectual Property Office consults on Government plans to implement Hargreaves recommendations on modernising copyright law

15 December 2011 | Paul Gershlick

The Intellectual Property Office has issued a consultation on the Government’s plans to update copyright law and implement the recommendations coming out of the Hargreaves Review from earlier this year....

Tags on this discussion: copyright DCE Digital Copyright Exchange Hargreaves Hargreaves Report Hargreaves Review intellectual prop intellectual property law Intellectual Property Office Intellectual Property Office guidance intellectual property rights IP IP Office IPO IPR orphan works

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

14 December 2011 | Paul Gershlick

The European Commission is investigating whether Apple’s arrangements with book publishers for the sale of e-books amount to anti-competitive agreements contrary to Article 101 of the Treaty on the Functioning...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach of competition law commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition law contract contracts EC Treaty EU EU law European Commission European Union law fine On-line Online online content online shopping online trading price price fixing publish publishers publishing resale price resale price maintenance RPM supply agreement supply agreements supply contract supply contracts TFEU Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void web web site web site content web sites Website website content websites

European Court says Belgian Internet service provider does not have to block content that may infringe copyright – Scarlet v SABAM, European Court of Justice

13 December 2011 | Paul Gershlick

Scarlet, a Belgian Internet service provider, should not be required to block the content of its website users as a measure to prevent them from infringing copyright in music belonging to Sabam’s music...

Tags on this discussion: CJEU copyright copyright holder copyright holders copyright infringement copyright owner copyright owners Court of Justice of European Union Court of Justice of the European Union ECJ EU EU law European Court of Justice European Union European Union law infringe infringement intellectual proeprty rights Intellectual property Internet Internet connection Internet piracy Internet service provider Internet use Internet user IP IP infringement IP law IP laws IPR ISP music piracy On-line Online online content online piracy P2P peer-to-peer piracy pirated web content web site web site content web sites web-piracy Website website content

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Partner

Paul Gershlick

Latest news and views from Paul Gershlick

Draco antiviral wonderdrug could be cure for common cold and many other viruses

Use of story in book for script ruled off side – Hodgson and Jarvie v Isaac and Notting Hill Movies, Patents County Court

Atos to provide service that will enable comparison of data across GP practices in England – but privacy campaigners complain again

Customs officials cannot seize counterfeit goods that are merely in transit in the EU and not intended for sale in the EU – Philips v Lucheng and Nokia v HMRC, European Court of Justice

Google not liable for allegedly defamatory comments posted on its hosted service when brought to its attention as they were still disputed by the author – Davison v Habeeb and Google, High Court

Government seeks views on disabled’s use of websites

After BT, now Sky blocks Newzbin2

Intellectual Property Office consults on Government plans to implement Hargreaves recommendations on modernising copyright law

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

European Court says Belgian Internet service provider does not have to block content that may infringe copyright – Scarlet v SABAM, European Court of Justice

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