Insights: February 2020

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Sky v SkyKick: Big brands get signal boost from EU Court

Ben Milloy |

In October last year the EU Court’s Advocate-General (AG) caused a stir in the IP world with an opinion heralding a seismic shift in EU trade mark law and practice. Cue collective breath-holding amongst trade mark owners with either purposefully broad goods and services specifications (including terms like “computer software”), or specs comprising sprawling lists […]


EDPB consults on connected vehicles Guidelines

Tim Wright |

The European Data Protection Board (EDPB) has launched a consultation[1] on its draft guidelines on processing personal data in the context of connected vehicles and mobility-related applications. The EDPB’s Guidelines 1/2020[2] were adopted by the EDPB at its 17th Plenary Session on 28 and 29 January 2020 and focus on the processing of personal data […]


Fladgate sponsors the 1st Turkish British Chamber of Commerce and Industry London UK-Turkey Business Forum

David Robinson, Charles Proctor, Ravi Goonesena |

Fladgate is delighted to sponsor the 1st Turkish British Chamber of Commerce and Industry (TBCCI) London UK-Turkey Business Forum, after joining TBCCI in January to expand the reach of its international desk to this significant emerging market economy and G20 member. To be held on 30 April 2020, the TBCCI Forum provides a networking and […]


EU publishes study on supply chain due diligence requirements

Tim Wright |

The EU recently published a Study[1] into current due diligence requirements through the supply chain for the possible development of regulatory options at the EU level. The study, which was published on 20 February 2020, and runs to some 572 pages, was commissioned by the European Commission (EC) and carried out by a research consortium […]


NEC 3 to NEC 4 - Key Changes

Michaela Patterson |

NEC 3 to NEC 4 – Key Changes The NEC4 suite of documents were released in June 2017.  Despite being around for some two and half years some parties remain reluctant to take the leap from NEC3 to NEC4. NEC4 is described as “significant evolution, not revolution” emphasising that NEC remains focussed on being a […]


English High Court recognises Bitcoin as property

Paul Airley, David Robinson, Charles Proctor, David Lee |

In our article of December 2019 we reviewed the UK Jurisdictional Task Force’s Legal Statement on the Status of Cryptoassets and Smart Contracts, which considered key legal questions about cryptoassets and smart contracts. Whilst traditional legal analysis suggests that cryptoassets would not be recognised as “property”, the Legal Statement sets out compelling reasoning to conclude that cryptoassets could in fact […]


Clamp down on the adtech and real time bidding industry: UK's data protection regulator issues clear warning

Michelle Waknine |

What is real time bidding? In a nutshell – when a user visits a website, that user will often be presented with advertisements that have been specifically selected for that person. During the milliseconds taken for the website to load, the website publisher would have auctioned a space for the webpage that the user was […]


Divorce - Counting The Cost

Teresa Cullen, Ronnie Mortimer |

Last week we concentrated our thoughts and articles on Valentine’s Day, preparations for the all-important proposal and the subsequent Wedding plans, and highlighted various points for consideration including ownership of engagement rings, Prenuptial Agreements and the need for new Wills.  Today we look at what happens after the love has gone… From the latest statistics […]


Government provides welcome advice on fire safety in residential buildings

Michaela Patterson, Christian Charles |

The Government’s Expert Panel has now issued a consolidated advice note on fire safety following the Grenfell Tower tragedy.  The note provides guidance for building owners to act on as soon as possible, and highlights the importance of doing so promptly to ensure the safety of residents. The new guidance consolidates the 22 Advice Notes […]


Red Roses, Champagne and Pre-Nuptial Agreements

Teresa Cullen, Ronnie Mortimer |

Continuing our series of articles for Valentine’s week, we look at the importance for couples heading to the altar / Register Office / or beach of not just Champagne to signify love and vitality (a tradition that started in the Royal Courts of Europe), but also Pre-Nuptial Agreements. It is increasingly common for people to […]


IOSCO weighs in on the regulation of cryptoasset trading platforms

Tim Wright, David Lee |

The Board of the International Organization of Securities Commissions (IOSCO) has published a report[1] identifying what it sees as the key issues and risks associated with cryptoasset trading platforms (CTPs). Running to some 50 pages, the report entitled “Issues, Risks and Regulatory Considerations Relating to Crypto-Asset Trading Platforms” was released on 12 February 2020 following […]


Valentine's Week: Gonna make you an offer you can't refuse...

Teresa Cullen, Ronnie Mortimer, Hannah Weller |

Ducks are a traditional wedding gift in Korea, but before you make that big proposal this Valentine’s Day, it is important that you give some thought to getting your own ducks in a row. We take a look at what you should be thinking about now if you plan to propose this weekend and then […]