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Disputes

Disputes

Brexit and your Contracts - Plan now for the Great Unknown

Brexit and Contracts

As Brexit negotiations continue and uncertainty remains, there is something that you can do now to minimise the risks to your business. It is true that we don’t yet know what a post-Brexit world will look like. What will the economic impact of Brexit be? Will a transitional deal be agreed and if so, on what terms? What will happen at our borders in relation to goods and people? How will Brexit affect our laws? What will the final deal be? Indeed, will there be a deal?

This uncertainty creates risks.

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Burness admin

Model Tenancy Agreement now Available for New Residential Tenancies

Further to the new Private Residential Tenancy (“PRT”) regime which comes into force on 1 Dec 2017, the Scottish Government has now published the Model Tenancy Agreement which they had promised to introduce as a suggested template for new PRT agreements.

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Burness admin

Breaking News: The End of the Road for the Strategic Transport Fund

The Supreme Court has this morning found that the Strategic Transport Fund which was put in place by Aberdeen City and Shire Strategic Development Planning Authority is unlawful (read the judgment here). This decision upholds the judgment of the Court of Session issued last year.

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Burness admin

Has Global Cyber Awareness Month put the Spotlight on the NIS Directive?

Callum Sinclair

As we come to the end of Global Cyber Awareness Month, and notwithstanding recent high profile cyber attacks, the spotlight still seems firmly fixed on the EU General Data Protection Regulation (GDPR) and the UK Data Protection Bill, and the significant impact they will have on data protection law.  Taking nothing away from the importance of GDPR, it is perhaps surprising that there has not been more discussion about the Directive on Security of Network and Information Systems (the NIS Directive).  However, depending on your business, it could be just as important. 

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Burness admin

Can your Supply Chain Cope with a Hard Brexit?

Can your supply chain cope with a hard Brexit?

There is increasing talk of the possibility of the UK leaving the EU without a trade agreement. Failure to reach agreement by 29 March 2019 (Brexit day) will impact on how goods and materials (goods) are dealt with at the UK border.

In a paper on the subject the Institute of Government has analysed the likely consequences of a hard Brexit at the border and identified a number of business critical issues. 

So what are the issues and how might businesses plan for a hard Brexit?   

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Burness admin

Is it Time for a New Approach to IP Enforcement in Scotland?

Is the landscape of IP enforcement in Scotland changing?   It’s a question which, at first glance, might seem curious.  There have been no seismic changes to the legislation that governs the enforcement of IP rights and no landmark cases in the Scottish courts which might justify that question being asked.

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Burness admin

Pensions And Same Sex Partners: Equality Wins But What Does It Mean For Your Scheme?

Sarah Phillips

On 12 July, the Supreme Court delivered its decision on the landmark case of Walker v Innospec Limited and others, overturning two lower appeal courts and ruling that Mr Walker’s husband is entitled to the same pension rights as an equivalent female spouse. While undoubtedly a victory for equality, the decision also has the potential to cause headaches for employers, trustees and pension providers.

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LChalmers

What's In A Name?

Megan Briggs

When it comes to building a successful business having a strong brand which is instantly recognisable, is the “Holy Grail”. Once achieved, business owners will rightly fight tooth and nail to protect it. However, there is a fine balance between the dutiful enforcement of a company’s intellectual property rights, and (what some might perceive as) an over-zealous brand trying to bully the little guy. 

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LChalmers

Are You Getting The Most Out Of Your Interdict?

Rebecca Ablett

As any IP rights holder knows, an interdict order is a highly effective tool which can be utilised to protect your IP if being infringed.  A recent change in the rules relating to interdict orders is now in force which should be of interest.  Of the many changes introduced by the Courts Reform (Scotland) Act 2014 (the “Act”), one in particular has captured the attention of IP owners across Scotland and left them considering what implications it could have on the enforcement of their IP rights.  I am of course talking about the introduction of Scotland wide interdicts in the s

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LChalmers

Happy World Intellectual Property Day!

David Goodbrand

Did you know that April 26 is World Intellectual Property Day?  Probably not unless you are an IP practitioner or lawyer working in the field.  However, for the last 17 years the world (… ok, IP practitioners across the globe …) have celebrated World Intellectual Property Day (WIPD) as a way of focussing attention on the extremely important role that intellectual property rights (patents, trademarks, industrial designs, copyright) play in encouraging and stimulating innovation and creativity.

This year, the theme for the day is "Innovation – Improving Lives" – something th

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LChalmers