Related insights: Commercial

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Brexit and patents

07 Aug 2020
The European patent regime is not an instrument of the European Union ("EU"). 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 28 member states of the EU. As a result, the European patent regime, of which the United Kingdom ("UK") is a part, will remain largely unaffected by Brexit. The UK's membership of the Patent Cooperation Treaty will also remain unaffected.

WBD advises on Northern Accelerator investment fund

06 Aug 2020
WBD has advised on the creation of Northern Accelerator's Seed Investment Fund. Northern Accelerator is an innovative collaboration between four universities in the North East of England and the seed investment fund, managed by Northstar Ventures, will back spin-out businesses in the region.
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Brexit and designs

04 Aug 2020
The registered Community design ("RCD") system has allowed applicants to obtain a single design registration covering all European Union ("EU") member states rather than require them to seek national protection through separate intellectual property ("IP") offices. RCDs are multi-jurisdictional and unitary creations whereby the rights and scope of protection are indivisible. Accordingly, the rights under the RCD are tied directly to what constitutes the single market of the EU which underpins the development of the "Fortress Europe" doctrine allowing for the free movement of goods, but as a barrier to goods from outside the EU. The RCD gives broad protection for rights-holders by providing a basis for seeking and being granted EU-wide injunctions against infringers. 
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UK Supreme Court clarifies the rule of "reflective loss"

28 Jul 2020
The UK's Supreme Court ("UKSC") has handed down its judgment following the hearing of the appeal in the case of Sevilleja v Marex Financial Limited [2020] UKSC 31 ("Marex"). The appeal was against the decision of the Court of Appeal to find that the rule of reflective loss applied to 90% of Marex's claim, which was brought in its capacity as a creditor.
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Standard Contract Clauses are valid – up to a point

16 Jul 2020
The European Court of Justice (ECJ) has struck down the EU-US Privacy Shield, removing a key method for lawful transfers of personal data from the EU (and UK) to the US. As with its predecessor, Safe Harbor, the court considered that Privacy Shield could not provide adequate protection against the US Federal government’s bulk digital surveillance. 

Contracting with suppliers in the pandemic – addressing uncertainty

23 Apr 2020
Negotiating a contract can be a challenge, and more so in these uncertain times. If you are a customer in the midst of negotiating an agreement for goods or services and are concerned about protecting your business and securing the supply chain, this article should be of interest to you. In this article, we consider some of the key terms you may want to think about when discussing a contract for supply of goods and/or services in the current climate, and included suggestions which may help you achieve robust and flexible supply terms.