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Legislation

Legislation

“Dignified” Semenya’s fight with IAAF marks the point where science, law and sport collide

Whenever South African athletics sensation Caster Semenya has faced a battle in her career, she has usually won - a list of sporting honours as long as your arm and a stream of beaten rivals is testament to that.

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Wolves bite back in IP enforcement

For many football clubs, the team’s logo will often be one of its most valuable assets, becoming synonymous with the club itself.  It’s the image that’s plastered on everything from football strips to towels, from mugs to bedsheets. Fans wave flags with their team’s logo on match day and children cover their bedroom walls with posters of their favourite players.

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Me, My Selfie and IP

Social media has transformed the marketing landscape – providing the opportunity for brands to reach and interact with millions of potential customers with a single post. Even more transformative is that each and every individual customer with a social media presence is now a potential source of authentic and relatable advertising content. But, where a brand relies on user content for advertising, who owns the content?

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Employment judgment: Men not entitled to shared parental leave pay at the same level as enhanced maternity pay

The Court of Appeal has today handed down its decision in two much anticipated appeal cases concerning the entitlement of men to receive shared parental leave pay equivalent to any enhanced maternity leave pay offered by their employer.

Last year in the case of Capita Customer Management Ltd v Ali, the Employment Appeal Tribunal concluded that failing to enhance shared parental leave, when employers offer enhanced maternity pay, is not direct sex discrimination against men.

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Every iCloud?

What happens to your digital assets when you die? This is probably not the first question that springs to mind when setting up your iCloud account.  However, in an age where more and more people are living their lives on the cloud, how to deal with an individual’s “digital legacy” is becoming an increasingly important – and complicated – issue.

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Reflecting on All Energy 2019: How can we encourage investment in the wind sector?

From a finance and funding perspective, the message from All Energy was, overall, positive. The main takeaway for me was that further investment is ready and waiting, subject only in some cases to commitments from policy makers.

The recently announced offshore sector deal could be the catalyst the industry needs in terms of achieving updates to the transmission network, continued CfD support and so forth to allow further growth and investment.

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The Menopause: The new protected characteristic?

It’s Tuesday 21 May and I am tuned into the debate in the Scottish Parliament on #EndMenopauseStigma. As a woman of a certain age and an employment lawyer, I am interested to hear their views on how the condition fits into our current legal landscape.

Despite my eagerness to hear more about it, I will admit that the topic makes me feel uncomfortable and somewhat vulnerable.

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The fourth thing you need to know about enforcing IPR in Scotland: Cost and timescales

"How much will it cost and how long will it take?" If I had a £1 for every time a client asked me that at the commencement of a court action…

Of course, it is an entirely appropriate and reasonable question, which any sensible client should be asking before embarking on the litigation journey. Whilst you would be able to answer this question with laser precise accuracy in respect of English proceedings with the “benefit" of the Jackson costs budgeting reforms, you may be less clear of the position in Scotland.

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All Energy – Key themes and messages from the 2019 conference

As Glasgow basked in glorious sunshine last week, the Burness Paull Renewables team attended the 2019 All Energy conference at the SEC. There was a distinct air of both realism and optimism in the arena as to the challenges and opportunities that lie ahead as the UK seeks to meet its stretching decarbonisation targets.

We noticed three key themes coming up in presentations and discussions at the conference: 

1.

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Continuing on the road to the EV Revolution

Last week BP led an industry statement, issued in conjunction with National Grid, Centrica and Siemens (among others), calling on the UK Government to work with industry in setting out a vision to significantly improve ultra-fast charging technology and ultra-rapid charging infrastructure – fresh off the back of the UK’s Committee on Climate Change comments on the need to support the necessary changes to the network to facilitate the adoption of zero emission vehicles.

There has been a lot of discussion, interest and increased focus in this space over the last 12-18 months, with man

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