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Keeping your trade secrets safe – a European perspective for franchisors
The EU Trade Secrets Directive (2016/244/EU) (the "Directive") sets out to harmonise the protection of trade secrets in all Member States in the European Union. This update will examine how the Directive has been implemented across a number of jurisdictions and comment on what this means for franchisors, or indeed any party, which is engaging third parties to sell their products and services.
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Supermac's takes BIG MAC off the menu
The EU Intellectual Property Office recently handed down its decision in the case of Supermac's (Holdings) Ltd v McDonald's International Property Company Ltd and effectively took the mark 'Big Mac' off the trade mark menu.
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Court of Appeal reverses decision on whether software amounts to 'goods' for purposes of the Commercial Agency Regulations
In a significant decision, the Court of Appeal has reversed the UK High Court's previous decision, ruling that an agent selling software delivered electronically within the UK is not protected by the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) as it does not fall within the definition of 'goods'.
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Retail Artificial Intelligence: Matching Celebrity Styles
Many consumers want to look like and live the life of their favourite celebrities. Now AI has brought the reality ever closer. However, AI-powered applications create a number of intellectual property and licensing issues which we explore in this blog.
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Suppliers of luxury goods are given a welcome assurance
In its recent decision in Coty Germany GmbH v Parfümerie Akzente GmbH, the Court of Justice of the European Union (CJEU) has concluded that if a supplier of luxury products operates through a "selective distribution network" it can prevent its authorised distributors from selling those products on unauthorised third party internet platforms such as Amazon. The case is important as it confirms the status of selective distribution networks and lays out the conditions that must be met to enable a supplier to take advantage of some of the restrictions that can be imposed within such a network.
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Fieldfisher top ranked again for franchising and commercial contracts - with thanks to our clients and friends
Fieldfisher's Brand Development team is top ranked for franchising and commercial contracts by the independent legal directory, The Legal 500 2016.
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My word is my bond – franchise agreements can be made and varied orally and by conduct
Three recent cases in the Court of Appeal have illustrated the dangers of assuming that the written word in legal agreements is set in stone.
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Franchising in Argentina – a look at the new franchise law
Franchisors doing business in or looking to enter Argentina should take note; the Civil and Commercial Code (Code) entered into force on 1 August 2015 and applies to franchise agreements performed in Argentina which were entered into on or after 1 January 2016. Some provisions of the Code will also apply retroactively against franchise agreements entered into prior to 1 January 2016.
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Franchising in Australia: 7-Eleven off the hook for franchisee wage violations....for now
The extent to which a franchisor can be held jointly liable for employment law and wage violations by its franchise operators is probably the biggest issue facing the franchise industry in the US - epitomized by the ongoing dispute between McDonald's and the National Labor Relations Board. At the recent IFA conference in Washington, experts from around the world discussed whether this issue is likely to occur in other jurisdictions. This blog looks at a recent case involving 7-Eleven in Australia, which demonstrates that this issue is not isolated to the US.
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New IP regulation gives foreign brands greater protection in Indonesia
The Indonesian government has passed a new regulation which sets out, for the first time, the procedures for recording IP licences. The new regulation remedies a procedural anomaly, which prevented IP owners from enjoying the full protection of the law.