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New Exceptions to Copyright Law

The government are making a series of changes to copyright law to modernise the current legislation.  The changes are intended to introduce greater freedoms to allow third parties to use copyright works for a range of “economically or socially valuable purposes” without the need to seek the original owner’s permission.  The changes will therefore have an impact on how the contents in books, music, films and photographs can be used.

EU public procurement law governs the purchase of works, supplies or services by public bodies such as councils and registered social landlords (known as contracting authorities) providers. The application of public procurement law not only affects contracting authorities in their procurement activities but also affects how private businesses tender for the contracts required by contracting authorities, and their rights throughout the process. The current law has been in place since 2006 and has been expanded on throughout that time, this is now set to be replaced.

In Issue 1 of Insight, we reported that the Draft Consumer Rights Bill (“the Bill”), which was first published in June 2013, would form part of the Government’s 2013-2014 legislative programme.

If you would like more information on top level domain names or how we can help you with any requirements you may have please do not hesitate to contact either: Hayley Hall on 0151 600 3466 or by email hayley.hall@brabners.com, or Colin Bell on 0151 600 3281 or by email colin.bell@brabners.com.

You can follow the Brabners Commercial/IP Team on Twitter: @BrabnersIPCom

New top level domain names are now becoming available including: .solutions, .computer, .support, .training, .systems, .company and .international. Trade mark owners should consider recording their rights and/or buying corresponding domain names in the light of the new system.

The Internet Corporation for Assigned Names and Numbers (ICANN), (a private, not-for-profit Corporation responsible for managing the domain name system for the benefit of the Internet as a whole) have begun the process of releasing new top level domain names (TLD) on a rolling basis. 

If your business sells goods or services to consumers, you need to be aware of certain changes to consumer rights which come into effect from 13 June 2014.

Background

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (“Regulations”) were adopted by the UK on 13 December 2013.1

When Parliament implemented the European Directive on commercial agents (the “Directive”) rather than specify a particular remedy, it gave principals and their commercial agents the right to elect whether an indemnity will be payable to the agent on termination of the agency relationship (excepting a termination for breach by the agent) or compensation.  If there is no election, then compensation is payable by default.

There are some important differences between the two options: 

The good news for registered providers  (“RPs”)and other contracting authorities who use arm’s length management organisations (“ALMOs”) is that the High Court recently confirmed that ALMOs will fall within the in-house, or Teckal, exemption.

Cosmetic Warriors Limited and Lush Limited (the registered proprietor and exclusive licensee of the European Community Trade Mark Lush in relation to cosmetics and toiletries, including soap) have won a trade mark infringement claim against Amazon.co.uk Limited and Amazon EU SARL.

On 13 December 2013 the European Commission published the new minimum financial thresholds for contracts caught by the application of EU public procurement law. The new thresholds apply from 1 January 2014.

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