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Disputes

Disputes

Non-Disclosure Agreements; interrupting the conversation of harassment and discrimination in the workplace?

In July 2018, the Women and Equalities Committee (WEC) published their conclusions following an investigation into sexual harassment in the workplace. One of their key recommendations was that the use of confidentiality and non disclosure agreements (NDAs) in employment contracts and settlement agreements should be better controlled and regulated. 

This follows on from consideration of high profile cases such as:

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IPO: New Report on Design Infringement: Key Findings and Implications

Colin Hulme

A recent report by the UK Intellectual Property Office confirms what we have already known: that designs are a key part of our economy in the UK. The report discloses that as of 2015, the UK design economy was worth 6% of the nation’s total economy – the same as the building industry and the logistics sector combined. Whilst I have some reservations as to the research methodology, the report makes some interesting points.

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Automated vehicles - brave new dawn has its fair share of legal (and moral) black holes

Nobody ever said it would be easy.

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Could new data breach laws be set to impact on corporate Scotland?

The financial risk for business presented by serious data breaches is now even more apparent due to the recent Court of Appeal decision against supermarket chain Morrisons.The issue will have particular relevance in Scotland in the coming months because of a new group action mechanism which is designed to make it easier to bring group claims like the Morrisons one. This may affect any businesses with operations or customers in Scotland.

The Court of Appeal confirmed that Morrisons was vicariously liable for the data breaches of an employee. This despite the fact that Morri

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Give that back, it’s mine!

In this modern era where technology and branding are at the heart of every business it has become ever more apparent how crucial intellectual property is. From your brand name to underlying source code, ensuring that your business has the ability to enforce its intellectual property rights (“IPR”), use them freely and even commercialise them is of upmost importance. 

The default position is that when an employee creates IPR in the normal course of their employment the employer will be the owner of the IPR.  However, this is not always straightforward

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Case update - Bakers entitled to refuse request to bake cake with message in support of gay marriage

Last week, the UK Supreme Court handed down its eagerly anticipated judgment in Lee v. Ashers Baking Company Ltd & others – a case in which the Court had to consider the competing rights of freedom of religion and speech, on the one hand, and the right not to suffer discrimination on the grounds of sexual orientation or political belief, on the other.

The Court held that a bakery did not discriminate against a gay man when it refused to bake a cake for him with a message in support of gay marriage.

The owners of the bakery were devout Christians.

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With great power comes great responsibility: assessing the product liability risks of electric vehicles

The previously slow meander towards electrification of the automotive industry has appeared to accelerate greatly in the last year, with recent news stories suggesting that electric and hybrid vehicles (known collectively as Ultra Low Emissions Vehicles, or ULEVs) will gain a far greater share of the automotive market in the coming years.

Last summer, the governments of Europe appeared to be falling over one another to make promises to ban the sale of new petrol and diesel cars, with the Scottish and Westminster governments undertaking to do so by 2032 and 2040 respectively.

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Cheese or a KitKat for dessert? The CJEU had both on its plate last month.

The IP world has been cooking up quite a storm this summer with two particularly interesting cases featuring on last month’s menu for the Court of Justice of the European Union (the “CJEU”).   However, forget your usual summer highlights of BBQs, Aperol spritzes and Soleros, these cases find their origins in a spreadable cheese and Nestle’s famous KitKat.

I’ll take each of these separately – after all, I’m not sure how well a spreadable cheese would compliment a KitKat…


Cheesed off

The 'wheel' has been spinning for quit

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Scottish independence is a “philosophical belief” under discrimination law

An employment tribunal has held that a belief in Scottish independence amounts to a “philosophical belief” for the purposes of UK discrimination law.

In a case brought against his former employer the Ministry of Defence, Scottish National Party councillor Christopher McEleny has successfully argued that his belief in Scottish independence amounts to a philosophical belief in respect of which he is protected from discrimination under the Equality Act 2010.

The employment tribunal, ruling in Mr McEleny’s favour, held that, whilst support or membership of a political party does

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The Secret To Success: Protecting Your Trade Secrets

As mentioned in a recent blog, the means of protecting trade secrets in the EU is changing. 

In 2016 the EU adopted the Trade Secrets Directive, which has been implemented into UK law this month by the Trade Secrets (Enforcement, etc.) Regulations 2018. The Directive aims to harmonise the law in this area to ensure that a minimum standard of protection exists across the EU.


Trade secrets: why protect them?

Trade secrets can be the lifeblood of any business.

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