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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The new Bribery Act – can you afford not to play ball?

12 May 2011 | Paul Gershlick

Emma Cameron and I gave a presentation on the new Bribery Act yesterday. A fascinating discussion ensued with some very real practical questions from the audience. It seems clear to us that this new...

Tags on this discussion: bribery Bribery Act Bribery Act 2010 Bribery and Corruption business business entertainment business to government business-to-business businesses commercial commercial law corporate corporate hospitality Corruption export facilitation payments Fraud and Corruption

Net continues to close around mosquito product consultant’s use of information in breach of confidence – Vestergaard Frandsen v Bestnet Europe, Court of Appeal

6 May 2011 | Paul Gershlick

Vestergaard developed a mosquito net. Two employees left to set up their own company, Bestnet. Bestnet developed a rival product. Vestergaard engaged Dr Skovmand as a consultant, but he defected to join...

Tags on this discussion: agreement agreements breach breach of confidence Breach of express terms commercal contracts commercial commercial agreement commercial agreements Commercial contract commercial law confidential confidential information confidentiality consultancy consultant contract contracts Court of Appeal express express term express terms High Court implied implied term implied terms injunction Intellectual property intellectual property rights IP trade secret

Transfer of agency agreement needs novation in order for assignee to be able to claim rights under Commercial Agents Regulations – Barnett Fashion v Nigel Hall, High Court

6 May 2011 | Paul Gershlick

B was an agent for various clothing manufacturers and agreed to be H’s agent. B invoiced for its commission in its own name. Later, B started to invoice in the name of F, another fashion agency. H discovered...

Tags on this discussion: agreement agreements assignment commercial commercial agent Commercial Agents (Council Directive) Regulations Commercial Agents Directive Commercial Agents Regulations commercial agreement commercial agreements Commercial contract commercial contracts compensation contract contracts Directive EU EU Directive EU law Europe European Union European Union law High Court novate novation rights transfer

High Court rules that anonymised data is not exempt from publication even where category involved small number of people – Department of Health v Information Commission, High Court

5 May 2011 | Paul Gershlick

The Department of Health has lost a battle to prevent the disclosure of statistics showing the numbers of annual abortions undertaken under the category of situations where two registered medical practitioners...

Tags on this discussion: data data controller data protection data protection act data protection directive Data Provider data security data subject disclose disclosure DPA exemption exemptions FOIA freedom of information freedom of information act Freedom of Information Act 2000 High Court ICO information Information Commissioner Information Commissioner's Office Information Tribunal request for information sensitive personal data

OFT issues largest ever fine for abuse of dominance – to Reckitt Benckiser for de-listing out-of-patent Gaviscon product from NHS prescription channel before generic product appeared

5 May 2011 | Paul Gershlick

The Office of Fair Trading has issued its largest fine for an abuse of a dominant position, contrary to the Chapter II Prohibition of the Competition Act and Article 102 of the Treaty on the Functioning...

Tags on this discussion: abuse of dominant position anti-competition anti-competitive anti-trust Article 102 Chapter II Prohibition Competition Act de-listing doctor doctors EC Treaty Intellectual property intellectual property rights IP NHS patent patented Patents pharmaceutical pharmacies pharmacy prescription TFEU Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union

Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

28 April 2011 | Paul Gershlick

BT and TalkTalk have failed in their bid to get the Digital Economy Act judicially reviewed. The Act was rushed through just before the last Parliament broke up prior to last year’s General Election...

Tags on this discussion: copyright copyright infringement DEA digital Digital Economy Act Digital Economy Bill Directive download downloading e-commerce E-Commerce Directive E-Commerce Regulations Electronic Commerce Directive EU EU Directive EU law Europe European Commission European Union file-sharer file-sharing General Election High Court illegal illegal download illegal downloading infringement Internet Internet access Internet connection Internet protocol address Internet service provider Internet service providers Internet use Internet user IP IP address IP infringement ISP judicial review music downloads On-line Online online content P2P peer-to-peer unauthorised wash-up

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

28 April 2011 | Paul Gershlick

As the economy remains in a rocky state, many businesses continue to suffer cash flow and insolvency issues. But suppliers need to continue to trade. So what should they do? At times such as these, a good...

Tags on this discussion: administration agreement agreements B2B business-to-business commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal express terms High Court Insolvency retention of title Romalpa sale of goods standard terms standard terms and conditions standard trading terms supplier supply supply agreement supply contract supply of goods terms Terms & conditions

European Court adviser says Belgian Internet service provider does not have to block content that may infringe copyright

15 April 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 infringement Court of Justice of European Union Court of Justice of the European Union ECJ Europe European Court of Justice European Union file-sharer file-sharing Intellectual property intellectual property law intellectual property rights Internet Internet access Internet connection Internet protocol address Internet service provider Internet service providers Internet use IP ISP On-line Online online content P2P peer-to-peer web web content web site web site content web sites Website website content websites

Yell screeches to home win in trade mark infringement and passing off case where websites were based abroad – Yell v Giboin and Zagg, Patents County Court

15 April 2011 | Paul Gershlick

Yell owns a UK registered trade mark for “Yellow Pages” and a walking fingers logo. Through two transport business directory websites that Giboin and his companies operated from another country, they...

Tags on this discussion: brand branding brands confusingly similar confusion damage Intellectual property intellectual property law intellectual property rights International IP IP infringement jurisdiction logo misrepresentation Online passing off Patents County Court trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark trademarks unauthorised web site web site content web sites Website website content websites

Likelihood of confusion can arise after goods sold – Datacard v Eagle, High Court

15 April 2011 | Paul Gershlick

Datacard had a trade mark registered for printer parts. Eagle sold Datacard’s and others’ printer ribbons, as well as compatible printer ribbons under its PLUS-RIBBON trade mark. Datacard claimed that...

Tags on this discussion: brand branding brands CJEU confusingly similar confusion Court of Justice of European Union Court of Justice of the European Union Directive ECJ EU Europe European Court of Justice European Union High Court infringement Intellectual property intellectual property law intellectual property rights IP IP infringement likelihood of confusion trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark trademarks

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Partner

Paul Gershlick

Latest news and views from Paul Gershlick

The new Bribery Act – can you afford not to play ball?

Net continues to close around mosquito product consultant’s use of information in breach of confidence – Vestergaard Frandsen v Bestnet Europe, Court of Appeal

Transfer of agency agreement needs novation in order for assignee to be able to claim rights under Commercial Agents Regulations – Barnett Fashion v Nigel Hall, High Court

High Court rules that anonymised data is not exempt from publication even where category involved small number of people – Department of Health v Information Commission, High Court

OFT issues largest ever fine for abuse of dominance – to Reckitt Benckiser for de-listing out-of-patent Gaviscon product from NHS prescription channel before generic product appeared

Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

European Court adviser says Belgian Internet service provider does not have to block content that may infringe copyright

Yell screeches to home win in trade mark infringement and passing off case where websites were based abroad – Yell v Giboin and Zagg, Patents County Court

Likelihood of confusion can arise after goods sold – Datacard v Eagle, High Court

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