Related insights: Retail and Consumer

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Unlocking England: can you continue to enforce mask wearing?

06 Jul 2021
The Government has recently announced that, if COVID-19 restrictions are relaxed as planned on 19 July, there will be no requirement to wear a mask in any setting in England. Instead they say businesses who choose to enforce mask wearing would need to take advice on their responsibilities under the Equality Act 2010. So what are those responsibilities and what can businesses do if they want customers and service users to continue to wear masks?
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Brexit and patents

02 Jul 2021
As the European patent regime is not an instrument of the European Union ("EU"), it has remained largely unaffected by Brexit. The European Patent Convention 2000 and its various protocols are not part of the accumulated body of EU law. The current membership of the European Patent Office numbers 38 countries, which is a far greater number than the current 27 member states of the EU. The membership of the United Kingdom ("UK") to the Patent Cooperation Treaty also remains unaffected.
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Brexit and exhaustion of rights

02 Jul 2021
Parallel trade is the import (and export) of genuine goods protected by intellectual property ("IP") rights, and occurs where the IP rights are said to have been 'exhausted' – where the goods are put on the relevant market by, or with the consent of, the IP-right owner.
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Brexit and designs

18 May 2021
Since 1 January 2021, the scope of protection afforded by registered Community designs ("RCDs") has not extended to the United Kingdom ("UK"). However, each owner of a RCD that was registered and published before or on 31 December 2020 has been granted a comparable registered and enforceable IP right in the UK, known as the 're-registered design' – hereafter "RRD" – which came into force automatically and free of charge on 1 January 2021.
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Brexit and trade marks

18 May 2021
Since 1 January 2021, the scope of protection afforded by European Union ("EU") trade mark registrations has not extended to the United Kingdom ("UK"). However, each owner of an EU trade mark ("EUTM") that was registered before or on 31 December 2020 has been granted a comparable registered and enforceable intellectual property ("IP") right in the UK, known as the 'comparable trade mark (EU)' – hereafter "CM(EU)" – which came into force automatically and free of charge on 1 January 2021.
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CVAs still in fashion as New Look successfully defends challenge

12 May 2021
In the hotly anticipated judgment of Mr Justice Zacaroli in the case of Lazari Properties 2 Limited and Ors and New Look Retailers Limited ("New Look") [2021] EWHC 1209 (Ch) New Look has successfully defended a challenge to its CVA on the grounds of jurisdiction, material irregularity and unfair prejudice. The judgment confirms once again that differential treatment of creditors does not on its own establish unfair prejudice but that it will be a matter for determination based on all the circumstances of the case.
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New product compliance rules for businesses exporting to the EU and NI

06 May 2021
New rules will prohibit certain goods from being sold in the European Union (EU) and Northern Ireland (NI) unless an economic operator established in either the EU or NI is identified as being responsible for certain product compliance matters. The new rules apply from 16 July 2021 and will impact exports to the EU and NI, including those from Great Britain, as explained below.