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Legislation

Legislation

Our Planet – and continuing encouragement for renewable energy in Scotland

Neil Bruce

The sound of one of the most distinguishable voices of broadcasting on the natural world giving a stark warning on climate change has provoked significant attention from the opening ceremony of the current Conference of the Parties convention (COP 24) being held in Katowice, Poland.

Sir David Attenborough, in taking up the “People’s Seat” (to act as a link between the public and policy-makers at the summit), cited climate change as the world’s greatest threat in thousands of years – warning that “…we are facing a man-made disaster of global scale…and [I]f we don’t take action, t

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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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Could US sanctions against Iran affect EU businesses?

Lynne Moss

On 5th November the US finally re-imposed sanctions against Iran following a six month wind down period. This means that all sanctions which were relaxed following the signature of the Joint Comprehensive Plan of Action (the Iran Deal) have been for the large part re-instated.

So what does all of this mean for your business?

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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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Brexit Latest: Is No-Deal a Big Deal?

With the publication of the UK government technical guidance notes for the possibility of a no-deal Brexit, following on similar guidance from the EU, it feels more than ever that the possibility of such a scenario has to be taken seriously.

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Is there a standard Brexit clause I can put in my contract?

Last week I was asked: “Is there a standard Brexit clause I can put in my contract?”  Perhaps they were rattled by the recent headline that the European Medicines Agency has attempted to break its lease at Canary Wharf on the basis that Brexit has “frustrated” its lease (since Brexit was not foreseeable when it was signed). Or perhaps they were concerned about a hard Brexit. Whatever the reason, in the coming months, I have no doubt that this question will be asked more often.

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As the US begins re-introduction of Iran sanctions, are you prepared?

The signing of the Joint Comprehensive Plan of Action (or the “Iran Deal”) in 2015 was hailed as a significant milestone for international relations with Iran, and was seen as a means to encourage businesses worldwide to take advantage of commercial opportunities there.

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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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