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IP & Technology Blog

Novation v Assignment

You may have seen the headlines about Jingye, a Chinese conglomerate, recently acquiring long-suffering British Steel with promises of a huge £1.2 billion investment over the next decade. When a takeover occurs, whether with a major conglomeration or a small start-up, standard corporate transactions and due diligence are matters we typically handle. But, we also frequently advise on how to deal with the company’s commercial contracts during a change of control. Generally, there will be either an assignment or a novation.AssignmentThe assignment (or the assignation, if you’re in Scotland) of a contract will not transfer the entire contract to a third...
  45 Hits
45 Hits

Megan Markle

Royal CopyrightRecently, a former actress best known for her role as a lawyer in a hard-hitting law firm made waves by filing her own, personal high-profile lawsuit. Meghan Markle, former Suits actress and current Duchess of Sussex, brought a court action against Associated Newspapers, the parent company to some of the largest tabloids in the United Kingdom, after it published a letter she had written to her father last year.Her claim involves issues of copyright infringement, among other assertions of invasion of privacy. There is no doubt this case is salacious – but does her claim of copyright infringement have merit?Copyright...
  132 Hits
132 Hits

Facial Recognition Technology

The new data protection regime has created unique concerns about the implementation of cutting-edge technology in surveillance and policing. The High Court recently heard a case dealing with live facial recognition technology used by South Wales Police (SWP).Ed Bridges of Cardiff, Wales, (with the assistance of human rights organisation, Liberty) filed a lawsuit against the SWP, alleging that his rights had been violated after they used facial recognition technology. He asserted that he had been recorded without his permission at least twice while he was using public thoroughfares in Cardiff (once for shopping and once for attending a political rally). While...
  98 Hits
98 Hits

Luckey breach of NDA not so lucky for Facebook

No doubt you will have seen the headlines flooding social media sites in recent weeks to report that Facebook has been ordered to pay damages totalling $500 million to ZeniMax for various IP related infringements. A pretty hefty figure and a sum of money you might think you would never have to pay up. However, the scenario that tripped Facebook up is probably one that it would be dangerously easy to find yourself in, whatever side of the transaction spectrum you are on – and whether you are an investor or an entrepreneur looking to secure funding, there are lessons to...
  2336 Hits
2336 Hits

Unregistered Design Rights – Why You Shouldn’t Overlook Them

UK unregistered design right (UDR) can be a pretty valuable asset in your IP portfolio, but it may be that you’ve never really considered how it could be of use to you. It’s often said that UDR resembles the overlooked, younger sibling of the IP family and tends to be forgotten about – but the fact is it can actually be quite a beneficial means of protecting your business.What are UDRs?So what are they? Well UDRs are the “design rights” that were brought in under the Copyright, Designs and Patents Act 1988 (CDPA) and, rather confusingly, are quite distinct from “registered...
  2059 Hits
2059 Hits

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