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Rosanna Cooper - EzineArticles.com Expert Author  

Dr Rosanna Cooper BSc (Hons); CSci CChem MRSC; CChem FRSC; Dip Intellectual Property Law and Practice (Bristol), Solicitor; Attorney-at-Law (Grenada). Dr Cooper is the principal of RT Coopers, Solicitors based in the City of London, England. She specialises in intellectual property (IP), biotechnology, pharmaceuticals, technology transfer and data protection. Dr Cooper was a partner in a West End firm in London and a senior lawyer with several City law firms before establishing RT Coopers. ... [More]

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  • Employment Law - Jurisdiction of Tribunal - Employment Relationship
    [Legal:Employment-Law] Employment law case concerning Khan v Premier Private Hire Taxi [2007], the applicant worked as a private hire taxi driver for the employer. He issued a claim form to the employment tribunal which stated the following: "The company was not paying me, I was taking fare from customer and paying commission to the company. Like an agent transacting business for another."


  • Commercial Litigation - Commercial Law - Commercial Property - Sale of Contaminated Land
    [Legal] The case of Lambson Fine Chemicals Ltd v Merlion Capital Housing Ltd [2008] involved fraudulent misrepresentation and deceit in a commercial contract case for the sale of land. The claimant in this case was a company that specialised in chemical manufacture and production.


  • Commercial Law - Alleged Breach of Contract - Building Contract - Performance Bonds
    [Legal] The case of Spiersbridge Property Developments Ltd vMuir Construction Ltd [2008] involved a determination relating to an action alleging breach of a building contract. A bank had paid out an amount demanded by the pursuer under a performance bond and it had to be decided, if the demand on the bond exceeded the sum ultimately due, whether the pursuer was obliged to account for the excess to the bank or to the defender.


  • Commercial Law - Payment of Commission - Commercial Agency Regulations - Commercial Agent
    [Legal] The case of Heirs of Paul Chevassus-Marche v Groupe Danone and Others (Case C-19/07) [2008], involved a determination on community laws relating to commercial agents. According to Article 7(2) of Council Directive (EEC) 86/653 (On the coordination of the laws of the member states relating to self-employed commercial agents) ("the Directive")...


  • Employment Law - Unfair Dismissal - Complaints About an Employee's Attitude - Written Warning
    [Legal:Employment-Law] The case of Ranger v BIT Systems Ltd [2007], involved a determination on whether an employee's dismissal fair or unfair. The employee was a salesman who worked for the employer, a small family company principally concerned with the sale of specialist electronic point-of-sale equipment. The employer was heavily reliant on a third party software company that referred a large amount of business to it.


  • Commercial Law - Breach of Contract - Repudiatory Breach - Non-Performance
    [Legal] The case of Westbrook Resources Ltd v Globe Metallurgical Inc [2007], concerned a claimant who was entitled to damages arising out of the defendant's repudiatory breach of contract. The defendant was a manufacturer and supplier of metals. The claimant was a trader in metals.


  • Commercial Law - Free Movement of Goods - Pre-Packaging of Goods - Manufacture - EC Law
    [Legal] The recent case of Schutzverband der Spirituosen-Industrie eV v Diageo Deutschland GmbH (Case C-457/05) [2007] concerned issues relating to the free movement of goods in the European Community. Article 5 of Council Directive (EEC) 75/106 (on the approximation of the laws of the Member States relating to the making-up by volume of certain pre-packaged liquids), as amended, so far as material, provides as follows...


  • Commercial Law - Fraudulent Misrepresentation - Commercial Litigation - Commercial Dispute
    [Legal] The case of London Allied Holdings Ltd v Lee and Others [2007] concerned issues relating to a fraudulent misrepresentation where an advance payment had been made. The claimant in the case was a Nevis registered company and was the parent of a group of companies. The group of companies was in the business of property investment and development. The second defendant was a contracts manager for a construction company.


  • Intellectual Property Law - Community Trade Mark - Distinctive Character of a Trade Mark - EU Law
    [Legal:Trademarks] The case of Benetton Group SpA v G-Stae International BV (Case C-371/06) [2007], concerned questions relating to the distinctive character of a mark for which Community Trade Mark protection was sought. According to Article 3 of First Council Directive (EEC) 89/104, so far as material...


  • Information Technology Law - Copyright in Computer Programs - Copyright Law
    [Legal:Copyright] The Court of Appeal in the case of Nova Productions Ltd v Mazooma Games Ltd; Nova Productions Ltd v Bell Fruit Games Ltd [2007] has ruled that producing a computer program which emulates another program, without actually copying that program's code or graphics, does not breach copyright laws. The case is likely to be of immense interest (and of potential concern) to software developers as well as the owners of copyright in computer programs.


  • Employment Law - Unfair Dismissal - Absence From Work
    [Legal:Employment-Law] The case of Mainwaring v Corus UK Ltd [2007], concerned issues relating to the alleged unfair dismissal of an employee due to long periods of absence caused by the employees back problems. The employee had been employed as a crane driver for over 30 years. In 2002, he began to suffer from back problems which caused him to be absent from work for extended periods of time.


  • Employment Law - Vicarious Liability - Harassment - Depression
    [Legal:Employment-Law] The case of Hammond v INTC Network Services Ltd [2007], concerned issues relating to vicarious liability where a claimant complained that the defendant's conduct causing him to suffer clinical depression. The claimant in this case was employed by the defendant until he was eventually made redundant.


  • Employment Law- Transfer of Undertakings - TUPE - Employee Lack of Knowledge of New Employer
    [Legal:Employment-Law] In the case of New ISG Ltd v Vernon and Others [2007] an employee did not know who his new employer was going to be after his existing employer was sold. According to Regulation 4(7) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE"): "(7) Paragraphs (1) and (2) shall not operate to transfer the contract of employment and the rights, powers, duties and liabilities under or in connection with it of an employee who informs the transferor or the transferee that he objects to becoming employed by the transferee".


  • Commercial Law - European Private Company Legislation - Consultation - Communication
    [Legal] The objective of the European Private Company ("EPC") legislation is to make it easier for European small and medium-sized enterprises ("SMEs") to conduct cross-border business. This is achieved by providing SMEs with a special European legal form equalled across each Member State.


  • Commercial Law - Fixed Price Contract - Total Failure of Consideration
    [Legal] The case of Mirimskaya v Evans and Another [2007] concerned the construction of a fixed price contractual relationship between two parties. The claimant bought a house in West London ("the Property") as a birthday present for her son. She intended to have it refurbished and extended so that it was finished to the highest standard.


  • Commercial Law - Contract Construction - Deceased's Estate - Property Law
    [Legal] The recent case of Sargeant and Others v Reece [2007], concerned the interpretation of provisions of a contract on which the estate of a deceased person sought to rely. The deceased and the defendant in this case were brother and sister. The first claimant in the case was the deceased's wife and the second and third claimants were, respectively, his daughter and his solicitor.


  • Commercial Law - Oral Agreement - Potential Agency Agreement - Oral Terms
    [Legal] The case of Aboualsaud v Aboukhater and Another [2007], concerned an agency arrangement where a Claimant contended entitlement to commission pursuant to a binding oral agreement. The claimant was the executive vice-president of the Kuwait Investment Office in London and a financial adviser to both a petroleum corporation in Kuwait and to the Minister of Energy. The first defendant was a commercial director of the office of the government of one of the United Arab Emirates in London. The second defendant, the first defendant's father, was the beneficial owner of a number of large hotels.


  • Intellectual Property Law - European Trade Marks - Opposition to Registration of Trade Mark - Visual
    [Legal:Intellectual-Property] The case of Castellani SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-149/06) [2007], concerned an opposition of a European Community trade mark. On the 25th of September 2001, the applicant filed an application to register a Community Trade Mark. The application was made to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), and was carried out under Council Regulation (EC) No 40/94 (on the Community Trade Mark).


  • Intellectual Property Law - Jurisdiction - Community Trade Mark - Opposition
    [Legal:Intellectual-Property] The case of Advance Magazine Publishers Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-481/04) [2007], concerned jurisdiction issues in relation to an application for a Community Trade Mark. The applicant sought to register the word mark 'VOGUE' as a Community Trade Mark, in respect of clothing in class 25. An application was made to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) ("OHIM").


  • Intellectual Property Law - European Community Trade Mark - 'Likelihood of Confusion'
    [Legal:Intellectual-Property] The case of Antartica Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-47/06) [2007] involved issues relating to the 'likelihood of confusion' with regards to a European Community trade mark. On the 30th of March 2000, the applicant company, Antarctica Srl, submitted an application to register a Community Trade Mark (CTM) at the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).


  • Environmental Law - Contamination of Land - Unlawful Disposal of Waste
    [News-and-Society:Environmental] The recent case of Neal Soil Suppliers Ltd v Environment Agency for Wales [2007], involved issues relating to contaminated land and the unlawful disposal of waste. So far as material, section 33(1) of the Environmental Protection Act 1990 ("the Act") provides as follows.


  • Employment Law - Shareholders - Employees or Third Party Contractors? - Contracts of Employment - IT
    [Legal:Employment-Law] The case of Nesbitt and Another v Secretary of State for Trade and Industry [2007] involved joint shareholder claimants who had contracts of employment with their company. The claimants were husband and wife. In February 1985, the second claimant incorporated a company as the vehicle for a new business providing IT training services to businesses and public bodies. In March 1986, the first claimant joined her in the business. From that date onwards, the share capital of the company consisted of 1,000 issued shares, 529 of which were held by the second claimant, and 470 of which were held by the first claimant. One share was held by F, the second claimant's mother.


  • Employment Law - Unfair Dismissal - Race Discrimination - Foreign Employer
    [Legal:Employment-Law] A City banker launched a race discrimination claim against Dresdner Kleinwort ("DrK"). He alleged that he was treated less favourably whilst at work, and was eventually made redundant because he was neither German nor a German speaker.


  • Commercial Law - Unfair Contract Terms - Commercial Property - Loan Agreement
    [Legal] The case of Evans v Cherrytree Finance Ltd [2008] concerned unfair contract terms in relation to a loan agreement. The defendant company in this case ran a business which involved lending money to non-status, high risk borrowers on commercial premises. The claimant and his wife owned a property. The property was used for their antiques business in which they were partners. In 1993, part of the property was converted into residential accommodation. From that point on the claimant and his family lived in the residential part of the property ("the Residential Accommodation").


  • Intellectual Property - Patent Dispute - Pharmaceuticals - Patent Invalidity - Generic Drugs
    [Legal:Intellectual-Property] The case of Generics (UK) Ltd and Others v H Lundbeck A/S [2007] involved a defendant which was a small research-based pharmaceutical company located in Denmark. It held a European patent ("the Patent") in respect of an anti-depressant drug, escitalopram. The Patent had a priority date of June 1988.


  • Commercial Law - Construction of Contract - Loan Repayment - Banking - Joint Venture - Guarantee
    [Legal] The case of Wosley Securities Ltd v Abbeygate Management Services (Hampton) Ltd [2007], concerned an action which was brought as a result of the claimant, the defendant and a company ("ASL") entering into a joint venture agreement ("JVA") to construct a block of flats.


  • Commercial Law - Cancellation of Contract - Re-Payment of Deposit - Advertising Marketing
    [Legal] The case of Ogilvy & Mather Ltd v Silverado Blue Ltd [2007], concerned issues relating to the claimant’s right of cancellation of a contract subject to any losses incurred by the defendant. The claimant was an international advertising, marketing and public relations agency. It contracted with the defendant, a visual effects production company, to produce a commercial for Unilever.


  • Commercial Law - Unfair Contract Terms - Accommodation for a Business
    [Legal] The case of Regus (UK) Ltd v Epcot Solutions Ltd [2007] highlighted the use of unfair terms in a commercial contract. The claimant in the case was a British company which was part of a large group of companies supplying serviced office accommodation in 50 countries. The defendant was a small company providing professional IT training which intended to develop a franchise in the field. The defendant company decided to use one of the claimant's locations at Heathrow.


  • Commercial Property Law - Development Site - Commercial Law - Oral Agreements - Sale of Land
    [Legal] The case of Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another [2007], concerned the ownership of an equitable interest in a development site.


  • Companies Act 2006 - Commercial Law - Company Law - New Legislation - Director's Duties
    [Legal] The Companies Act 2006 ("the Act") is now the longest Act ever drafted by the UK legislature, running to 1,300 sections. The purpose of this new legislation is to introduce many reforms to the law and to consolidate virtually all existing company legislations. It is written in simplified language, with a particular focus on small businesses.


  • Employment Law - Transfer of Undertakings - TUPE - Subsidiaries
    [Legal:Employment-Law] The recent case of Millam v Print Factory (London) 1991 Ltd [2007], involved a dispute relating to the Transfer of Undertakings (Protection of Employment) Regulations 1981 ("TUPE"). The employee was employed by Print Factory Ltd (PF). The holding company of PF was taken over and subsequently sold to M Ltd by way of a share sale agreement. The employee was informed that the identity of his employer was not changing, but was later told that his employment had been ‘continued’ under the TUPE Regulations.


  • Employment Law - Maternity Leave - Nature, Capacity, Place
    [Legal:Employment-Law] The case of Blundell v Governing Body of St Andrews Catholic Primary School and Another [2007], concerned a woman who claimed that she was discriminated on the grounds of her pregnancy. Regulation 18 of the Maternity and Parental Leave (etc) Regulations 1999 ("the Regulations") provides: '(2) An employee who returns to work... is entitled to return from leave to the job in which she was employed before her absence, or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances'.


  • Employment Law - Unfair Dismissal - Refusing to Accept Changes in Terms
    [Legal:Employment-Law] The case of Anwar v Cambridge Housing Authority [2007], concerned an employee who was asked to accept changes to the terms of her employment which would have been very detrimental to her. The employee subsequently brought proceedings against her employer alleging unfair dismissal.


  • Employment Law - Constructive Unfair Dismissal - Specific Complaint - Grievance
    [Legal:Employment-Law] The case of Lambrou v Cyprus Airways Ltd [2007], concerned an employee who alleged that he was constructively unfairly dismissed. The employee was employed by Cypriar Tours Ltd ("Cypriar"), which was a subsidiary of the employer. The employee was employed as a computer operator from the 23rd of January 1989. However, from the 1st of May 2003, he also worked for the employer.


  • Employment Law - Contract of Service - Interpretation of Written Particulars
    [Business:Careers-Employment] In the recent case of Kettle v Ministry of Defence [2007] concerned the written particulars of a contract of service. The claimant in the case was an experienced dental and orthodontic specialist. In December of 2000, she responded to an advertisement which was posted in the British Dental Journal by the employer.


  • Employment Law - Tribunal Error - Unfair Dismissal - Breach of Contract - Bad Employee History
    [Business:Careers-Employment] The case of Woodland v MPI Ltd [2007,] concerned an employee who was the manager of a branch of recruitment consultants. In 1993, the employee's responsibility for dealing with cash and signing cheques was removed from him when he was disciplined for theft from his employer. Following this incident in 1997, allegations of sexual harassment were made by a job applicant who had been interviewed by the employee. Then in 2001, despite the previous problems, the employee was made a director of the employer, having decided that the manager of each branch should become a director.


  • Employment Law - New Legislation - Age Discrimination and Maternity
    [Legal:Employment-Law] On 9th March 2006, the government in the UK published the final draft of one of the most important pieces of employment legislation since the 1970s. This legislation came into force on the 1st October 2006.


  • Commercial Law - Contract Construction - 'Reasonable' & 'Best' Endeavours
    [Legal] The recent case of Rhodia International Holdings Limited and Rhodia UK Limited v Huntsman International LLC [2007], provides new guidance on a long-disputed area of contract law.


  • Media & Entertainment Law - Freedom of Information Act 2000 - Data Protection - Public Body
    [Legal] The cases of The British Broadcasting Corporation v Sugar and Another [2007] and R (on the application of) The British Broadcasting Corporation v The Information Tribunal and Others [2007] concerned the Freedom of Information Act 2000 - a number of pieces of legislation should be mentioned to assist in the interpretation of these cases.


  • Commercial Law - Contract Construction - Admission of Pre-Contract Negotiations - Shareholders Agree
    [Legal] The case of Great Hill Partners II LP v Novator One LP and Others [2007] concerned the interpretation of a clause in an option deed dated March 2005 made between the claimant and the defendants.


  • Commercial Law - Implied Contractual Term - Letter of Engagement
    [Legal:National-State-Local] The case of Weetwood Services Ltd v Ansvar Holdings Ltd [2007], concerned the implication of a term of a contract. The defendant occupied a site on which it planned to develop a car showroom. It received an abatement notice from the local authority concerning the unauthorised creation of a culvert for a stream on the site. The existence of the culvert affected the planning permission for the proposed car showroom.


  • Commercial Law - Importation of Chemicals - European Law - New EC Regulations
    [Legal:National-State-Local] The case of Mebrom MV v European Commission [2007] concerned the importation of pesticides. The applicant was an importer of the chemical methyl bromide into the European Union. Methyl bromide was a pesticide applied to crops by fumigation and as it depleted the ozone layer, its importation was subject to restrictions provided by Council and European Parliament Regulation (EC) 2037/2000 ("the Regulation"). The Regulation concerned substances which deplete the ozone layer.


  • Intellectual Property - Community Trade Mark Application - Intervener
    [Legal:Trademarks] This was a case before the Court of First Instance of the European Communities ('Court of First Instance') (First Chamber) between Aktieselskabet af 21 November 2001 v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Case T-477/04) [February 2007].


  • Intellectual Property - Copyright Infringement - Trade Mark Infringement
    [Legal:Intellectual-Property] The case of KK Sony Computer Entertainment and Another v Pacific Game Technology (Holding) Ltd [2006], concerned the infringement of copyright in computer games systems under the name of 'PlayStation'. The first claimant was a Japanese company and the second claimant was its UK subsidiary. Both claimants were corporate incarnations of the well known Japanese electronics group, Sony.


  • Data Protection - Database Right For Sales Agencies
    [Legal:Intellectual-Property] A ruling by the High Court has resulted in new case law governing sales agencies with regard to database rights. Where a sales agency has built up a database of customer details, they will now own a database right in that database in the event that there is not an agreement with another party as to the ownership of that database.


  • Commercial Law - Employment Law - Interpretation of Terms of Employment Contract
    [Legal:Employment-Law] The case of Helmet Integrated Systems Ltd v Tunnard and Others [2006], involved a dispute over what actions could be allowed under the terms of an employment contract. The claimant ("HISL") produced and sold protective equipment. In 1993, it commissioned a new helmet design which was successfully marketed especially to the London Fire Brigade. The defendant was a senior salesman with the claimant.


  • Employment Law - Express and Implied Terms - Education
    [Legal:Employment-Law] The case of Luke v Stoke-On-Trent City Council [2006], involved an employee who had been employed as a special needs teacher at the local authority's Assessing Continuing Education Pupil Referral Unit ("the ACE Centre") since 1996. The ACE Centre was the only one of its kind operated by the local authority, and under the terms of her contract of employment ("the ACE Contract"), the employee was required to work at the ACE centre for 12 and three quarter hours per week.


  • Employment Law - Discrimination - Disability Discrimination - Duty to Make Reasonable Adjustments
    [Legal:Employment-Law] The recent case of McHugh v NCH Scotland [2006], concerned an allegation of disability discrimination. The employee commenced employment as a project manager for the employer, a children's charity, in 1997. In 2001, she was certified unfit to work on the grounds of depression.


  • Employment Law - Error in Law By Tribunal - Number of Hours Worked
    [Legal:Employment-Law] The case of McLean v Rainbow Homeloans Ltd [2006], involved an employee who was employed as a mortgage advisor. He had commenced employment on 14 April 2004, and had had his employment terminated on 1 April 2005.


  • Employment Law - Restriction of Proceedings Order - Vexatious Claims
    [Legal:Employment-Law] The case of Attorney General v Deman [2006], involved vexatious proceedings being brought before the Employment Appeals Tribunal. The respondent was born and educated in India but had US citizenship. He was employed as an academic economist.


  • Food Law - Food & Drink - Food Safety - Interpretation of Regulations - EC Directive Implementation
    [Legal] The recent case of Asda Stores Ltd v Wandsworth London Borough Council [2007,] concerned the interpretation of a number of provisions in the Food Safety (General Food Hygiene) Regulations 1995 ("the Regulations"), which implemented Council Directive (EC) 93/43.


  • Data Protection - Freedom of Information Request - Final Court of Appeal
    [Legal] The NHS is preparing to take a dispute relating to the Freedom of Information ("FOI") to the final court of appeal in the UK. It is expected that his is going to be a landmark case which will be an example of 'a readily defensible decision in Freedom of Information and data protection'.


  • Commercial Law - Corporate Law - Joint Venture - Contractual Construction of Clause in Joint Venture
    [Legal] The case of Nearfield Ltd v Lincoln Nominees Ltd and Another [2006], dealt with the issue of the construction of a contractual term in an agreement. The first defendant was a nominee company of the second defendant. The first defendant was incorporated in the British Virgin Islands.


  • Commercial Law - Commercial Litigation - Compulsory Winding Up - Settlement Agreement
    [Legal] The case of Re Zl Ltd 2006, concerned the compulsory winding up of a company. The parties had engaged in litigation which had culminated in a settlement agreement. Pursuant to the terms of the settlement agreement, the applicant company ("the Company") was obliged to pay the respondent EUR 500,000. This sum was to be paid by way of four equal installments of EUR 125,000 on the 31st of December 2005, the 30th of June 2006, the 31st of December 2006, and the 30th of June 2007.


  • Data Protection - Government Intends to Impose Tougher Penalties for Misuse of Personal Data
    [Legal:Identity-Theft] The Department for Constitutional Affairs (National) issued a press release on 7 February 2007, stating that the courts will now be able to imprison anyone who trades in or deliberately mis-uses individual’s personal data.


  • Test for Obviousness - Inventive Step Response
    [Legal:Patents] The UK Patent Office conducted a consultation on one of the tests for patentability - which is whether an invention has an "Inventive Step". The test is whether the invention is obvious to a person skilled in the art taking into account what prior art was available at the time when the patent application was filed.


  • Intellectual Property - Copyright Infringement in Computer Software
    [Legal:Intellectual-Property] The case of Point Solutions Ltd v Focus Business Solutions Ltd and Another [2007], which was heard in the Court of Appeal, involved a claimant who carried on business as a provider of computer software services, and in particular software for the creation and use of electronic application forms for provision to the financial services sector.


  • Landmark Ruling in Trade Mark Case - Test for Invalidity
    [Legal:Trademarks] In Special Effects Limited v L'Oreal & International Trademark Association (Intervener) [2007] EWCA Civ 1, the Court of Appeal overturned the decision of the Chancery Division of the High Court. The case concerned an opposition to a trade mark registration. The Court in the first instance held that there was no relevant difference between the practice and procedure of the Trade Mark Registry in opposition proceedings under s 38(2) of the Trade Marks Act 1994 and invalidity proceedings under s 47(1) of the Act. The issues in dispute in the two sets of proceedings were identical.


  • Commercial Litigation - Patent Infringement in the UK by Defendant
    [Legal:Patents] The case of Celem SA and Another v Alcon Electronics PVT Ltd [2006] concerned jurisdictional issues relating to patent infringement. The claimant companies were engaged in the manufacture of components for the electrical induction heating market, and were the holders of a European patent in relation to certain capacitors.


  • Trade Mark - Interpretation of Directive - Trade Mark Refusal
    [Legal:Trademarks] The case of BVBA Management, Training en Consultancy v Benelux-Merkenbureau [2007], concerned the interpretation of First Council Directive (EEC) 89/104 in the refusal of a trade mark registration. BVBA Management, Training en Consultancy ("MT&C") filed an application with the Benelux trade mark office ("the Trade Mark Office") for registration of the word mark 'The Kitchen Company' as a trade mark in respect of classes 11, 20 and 21, and for certain services in classes 37 and 42.


  • Intellectual Property, Patent Law, Patent Infringement Invalidity Regulatory Law Pharmaceutical
    [Legal:Patents] In the case of Les Laboratoires Servier and Another v KRKA Polska SP.ZO.O. and Another [2006], the claimants made an application for an interim injunction to prevent the marketing and distribution of a drug which they claimed infringed their patent. The claimant companies were in the business of manufacturing and researching pharmaceutical products. The first claimant was the second largest French pharmaceutical company worldwide, and the second claimant was a wholly owned subsidiary that marketed and researched such products within the UK.


  • Employment Law - OCD - Unfair Dismissal - Discrimination
    [Legal:Employment-Law] Employment law case concerning Fairbrother v Abbey National plc [2007], concerned an employee who was employed as a customer manager since March 1998. The employee suffered from Obsessive Compulsive Disorder (OCD), a fact which at the time when she applied for the job was not made known to the employer, but which became clear after she took up her position. For the initial period of her employment, she had a good relationship with her colleagues. However, this changed in 2002 when two of her co-workers began to treat her and another employee, R, less favourably.


  • Employment Law - Unfair Dismissal - Contract for Service - Agency
    [Legal:Employment-Law] Employment law relating to unfair dismissal and tribunal claim. The employee in the case of Cairns v Visteon UK Ltd [2007], had been employed as an administrative assistant from 1998 until the 29th of May 2005. From a point around 2001, the employee's services had been provided by an agency. The agency, M, had employed the employee under a contract of service. During May 2005, an issue arose as to whether the employee had falsified her timesheets. The employer used these timesheets to pay the employee through M.


  • Employment Law - Unfair Dismissal and Constructive Dismissal - 'Last Straw' Principle
    [Legal:Employment-Law] Employment law case concerning unfair dismissal and constructive dismissal. An employee who had been employed since 1997 tried unsuccessfully to claim that she had been unfairly and constructively dismissed in the case of Hughes v Gibson and Others (trading as Blanford House Surgery) [2006].


  • Intellectual Property Law – Patent Law – Invalidity for Obviousness
    [Legal:Patents] Patent Law case. The case of Conor Medsystems Inc v Angiotech Pharmaceuticals Inc and Another [2007], concerned a patent for a medical device used in operations. The defendants owned a European patent for a device called a ‘stent’ used in coronary angioplasty. The 'stent' is inserted into a diseased artery during the procedure to keep the artery open. The claims in the patent concerned a 'stent' coated with a polymer loaded with the drug taxol. This drug inhibited the development of tissue which might result in the artery closing.


  • Intellectual Property Law-Trade Mark Registration-VITA
    [Legal:Patents] Trade Mark case. The recent case of Sunrider Corporation v VITASOY International Holdings Ltd [2007], concerned an opposition to a trade mark registration. According to s.5(2) of the Trade Marks Act 1994: "A trade mark shall not be registered if… it is similar to an earlier trade mark and is to be registered for goods or services identical with or similar to those for which the earlier trade mark is protected, [and] there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark."


  • Intellectual Property Law – Patent Infringement - Patent Law – Amendments Disallowed
    [Legal:Patents] Patent case. The claimant in the case of LG Phillips Co Ltd v Tatung (UK) Ltd and Others [2006], held a UK patent for mounting a flat panel display device within a two-part housing, which could be incorporated into products such as laptops or free standing computer monitors. The patent was principally directed at LCD displays for laptops. The claimant brought proceedings against three defendants in the patent county court. It was alleged that the defendants had infringed the patent through the creation of a closed circuit television monitor. The defendants denied infringement, and actually counterclaimed for the revocation of the patent in question on the grounds of anticipation, obviousness and insufficiency.


  • Employment Law – Constructive Dismissal – Procedure – Complaint Handling – Employment Act 2002
    [Legal:Employment-Law] Employment law case concerning Plummer v DMC Business Machines Plc [2007], began when an employee had a dispute with one of his colleagues. The employer initiated disciplinary proceedings which resulted in both men receiving final written warnings. The employee subsequently resigned and wrote a letter to the employer complaining that he was unhappy with the way the employer had handled the events leading up to his resignation.


  • Employment – 'Without Prejudice' Privilege – Victimisation
    [Legal] In the case of Vaseghi and another v. Brunel University and another [2006], the employees made separate complaints of race discrimination and claimed compensation against their employer. Settlement discussions began before an initial set of tribunal hearings in 2004, however, no settlement was reached.


  • Employment – Discrimination - Victimisation – Three Step Procedure – Outside Time Limit
    [Legal] In the recent case of Mehta v University of London and others [2006], the applicant was a doctor who applied to the second respondent for medical training on 8th August 2003. The second respondent was a body within the University of London (the first respondent). On 6th October the applicant received a letter from the second respondent dated 2nd October. The letter stated that his application had been unsuccessful. The applicant claimed that he wrote back on 12th December to ask for detailed feedback as to why he had not been admitted to establish whether he had a legal claim against the respondents. He received no reply, and the second respondent claimed that no such letter was received.


  • Employment – Unfair Dismissal – Procedure
    [Legal] In the recent case of Draper v Mears Ltd [2006] the issue of whether the employer had followed the Employment Acts correctly in dismissing an employee was brought to light. The employee was employed as a plumber and was given use of a company van. The employer had a sensible rule that any company vehicle should not be operated after the consumption of alcohol. The employer operated a zero-tolerance policy in this respect, of which the employee was fully aware.


  • Employment – Disclosure of Information – Breach of Confidence
    [Legal] The case of Freshtime UK Ltd v Wayne [2006] concerned an allegation of breach of confidence. The claimant’s company provided fresh food products to supermarkets. The defendant was employed by the claimant as a development manager. The defendant’s employment contract stipulated that she was not to divulge any information relating to the capacity of her employment or any details of the claimant’s business to third parties.


  • Employment – Discrimination – Promotion
    [Legal] In the recent case of Famy v Hilton UK Hotels Ltd [2006], an employee complained of discrimination in relation to promotion opportunities. The employee was of Filipino background and had been employed as a bar supervisor in central London from June 1984 to October 2004. During this time the position of bar manager became available several times. However, it was always external applicants who were appointed. The vacancies were advertised externally and internally. When the positions had become available, the employee had not formally applied for them and subsequently had not been considered for promotion.


  • Employment – Loss of Statutory Rights – Compensation
    [Legal] The recent case of Corbett v Superdrug Stores Plc [2006], addressed how to calculate the award for an employment dispute. The employee had been working for the employer for more than 10 years when she was unfairly dismissed. She brought her case before the Employment Tribunal and was awarded the sum of £1,420 for loss of her statutory rights. However, the Tribunal neglected to give an explanation as to why that figure was reached.


  • Employment – Unauthorised Deduction of Pay
    [Legal] In the case of Atchoe v Camden Primary Care Trust [2006], the issue of unauthorised deduction of wages was heard before the Employment Tribunal. The employee worked in maintenance for the employer’s estates and facilities directorate. In addition, the employee was also occasionally employed out of hours when an emergency arose. This was an ‘on-call’ system and was organised on a rota basis. If an employee took part he or she would receive additional payments for being on-call. If an employee was called out in an emergency he or she then received further payment for work carried out.


  • Employment – Unfair and Wrongful Dismissal – Procedural Unfairness
    [Legal] In October 2006, the case of Letherbarrow v Kindergarten UK Ltd [2006] came before the Employment Tribunal. An employee and his wife had both been directors and co-owners of the employer company. The employee’s wife was the majority shareholder, although she was an employee as well.


  • Intellectual Property – Trade Mark Infringement – Licensing – Passing Off
    [Legal:Trademarks] In September 2006, Nike agreed to pay Hackney Council £300,000 for the unlawful use of the Council’s ‘H’ logo. Nike had not obtained Hackney Council’s permission to use the logo. The settlement figure was calculated by taking into account the total global sales of Nike merchandise, and an appropriate percentage was established.


  • Intellectual Property – Patent Dispute – Revocation
    [Legal:Patents] In the case of Merz Pharma GmbH and Co KGaA v Allergan Inc [2006], a dispute arose as to the validity of a patent for the use of Botulinium toxins in a type of medical treatment.


  • Intellectual Property – Ground Breaking Decision – Patents – Business Methods – Computer Programs
    [Legal:Intellectual-Property] A ground-breaking decision was delivered by the Court of Appeal in the cases of Aerotel Ltd v Telco Holdings Ltd (and others) [2006] and Macrossan’s Application [2006] on 27 October 2006. This important decision means that there is now a new method by which patent examiners will assess whether or not an invention is patentable. The decision is especially relevant to those wishing to patent ‘business methods’ or ‘computer programs’.


  • Media Law – Privacy – Elton John – Failed Injunction
    [Legal] A bid by Sir Elton John to prevent the Daily Mail publishing a photograph of him walking with his driver from his car to his London home was rejected by the High Court. If Sir Elton had been successful in obtaining this injunction, it would have completely revolutionised British newspaper and magazine practice.


  • Media Law – Music Copyright – ISP’s Liability for File Sharing
    [Legal:Intellectual-Property] A Coalition of music industry bodies, including the MCPRS Alliance and the Association of Independent Music, is lobbying to have intellectual property law amended to allow Internet Service Providers (ISPs) to be sued for allowing illegal file-sharing on their networks. Commentators have said that their efforts are misguided and commercially impractical. Currently, ISP’s are not required to police the content of their networks much in the same way that telephone companies are not liable for obscene calls.


  • Intellectual Property – Trade Mark Infringement – Advertisement
    [Legal:Intellectual-Property] In Wolters Kluwer Ltd v Reed Elsevier Ltd (2005), the claimant published online seminar services for accountants under a service called CCH Seminars Online. The material for the service was provided by Online Tutors until July 2005, when this relationship was terminated. Online Tutors was engaged by the defendant to provide material for a competing service called Tolley’s Seminars Online. In the 21 July 2005 edition of the magazine called Taxation, the defendant advertised its online tax and accountancy seminars and declared that it was the same service as that of the claimant's. The defendant also advertised that they would offer subscribers of CCH Seminars use of Tolley’s Seminars Online free of charge until expiry of the CCH Seminars subscription. The claimant objected to these advertisements and sought a correction notice. The defendant issued a notice making it clear that CCH was continuing with its own service. The claimant was unsatisfied with this notice and objected requesting a further correction notice on the grounds that the notice still sought to rely on the claimants name and reputation to try to divert customers to the defendant’s competing service.


  • Intellectual Property – Patents – Grants of Rights to Third Parties
    [Home-and-Family:Parties] A patent can be owned jointly. However, under s.36 of the Patents Act 1977 ("the Act") each proprietor can use the patent for his own benefit without the consent of or the need to take account of the other proprietors but, under s.37 of the Act, if a proprietor wishes to licence the patent i.e to allow a third party to use the patent, he/she must either gain consent from the other proprietor or apply to the comptroller for permission to exploit the patent. In Paxman v Hughes [2005] EWHC 2240 (Pat), the relationship between the joint proprietors of a patent for making a type of drinks cooler broke down. Mr Paxman and Mr Hughes were both directors of Trim Cool Limited, a company which they incorporated to produce a cooler under the patent.


  • Intellectual Property: Patents – Drafting with Reasonable Care and Skill
    [Legal:Intellectual-Property] In the case of Unilin Beheer BV v Berry Floor NV and Ors, Information Management Consultancy Ltd, B&Q plc (2005), the courts ruled that the faulty drafting of a patent application did not amount to lack of reasonable care and skill. Unilin, the claimant, applied for a patent for a floor covering and the application succeeded. Unilin then became aware of prior art which made it necessary for it to amend the patent application by reducing the scope of the main claim. Unilin also amended the body of the specification so that the text and drawings conformed to the main claim. After grant of the patent, Unilin sued three defendants for patent infringement. The defendants counterclaimed, arguing that a piece of prior art (Yoichi) had not been cited against the patent. On 26 September 2003, the court held that Claims 1-19 of the patent were invalid in respect of the prior art Yoichi but Claims 20 and 21 were valid and infringed by the defendant. Unilin claimed damages for past infringements and costs.


  • Intellectual Property – Trade Mark Infringement – Figurative Community Trademark
    [Legal:Intellectual-Property] In the case of Sportwetten GmbH Gera v the Office for Harmonisation in the Internal Market ("OHIM") (2005), it was held that the registration of a Community trade mark was not contrary to public policy or public morality. On 11 January 1999, OHIM published a figurative mark incorporating the word INTERTOPS in respect of Class 42: bookmakers and betting services of all kinds. Sportwetten GmbH was the proprietor of the trade mark INTERTOPS SPORTWETTEN, registered in Germany in respect of the same types of services.


  • Intellectual Property – Copyright Infringement – Design Rights
    [Legal:Intellectual-Property] The case of Landor and Hawa International Ltd v Azure Designs Ltd (CA) [2006], involved a dispute over the design of a type of suitcase. The claimant company had been designing, importing and selling travel bags and suitcases since 1985. In June 2002, the managing director produced a design for an expanding section ("the Expander Design") which was to be incorporated into hard shell-style suitcases. Suitcases incorporating the Expander Design were then produced and sold in the UK and abroad. During the late summer of 2003, the claimant company became aware of suitcases using the Expander Design and built in China being marketed and sold in the UK by a company called Label. The claimant company alleged that this infringed its design rights in the Expander Design. It discovered that the defendant company had imported and sold such suitcases.


  • Intellectual Property – Community Trade Marks – Likelihood of Confusion
    [Legal:Intellectual-Property] In GfK AG v Office for Harmonisation in the Internal Market (OHIM) (2005), a company's application for a community trade mark was rejected on the grounds that there was a likelihood of confusion with a previously registered German trade mark. On 15 November 1999, the applicant applied for a Community Trade Mark (CTM) for the mark "Online Bus" in Class 35 in respect of drawing up statistics in the fields of economics, marketing, market research and market analysis, business consultancy, organisation consultancy, professional business consultancy, news agency services in the field of economics. The CTM application was accepted and proceeded to publication.


  • Employment: Unfair Dismissal – Award – Polkey Reduction
    [Legal] In Dockerty v FM Fabrications, Dockerty claimed that he had been unfairly dismissed by his employers, FM Fabrications. The Employment Tribunal held in favour of Dockerty and ruled that the redundancy process by which Dockerty had been chosen for dismissal was unfair resulting in an unfair dismissal. The Employment Tribunal ordered FM Fabrications to pay Dockerty £17,997.40 in damages.


  • Employment: Implied Term of Confidence – Constructive Dismissal
    [Legal] In Milne v Link Asset Security Company Limited [2005], Mr Milne was employed by Link Asset Security Company Limited (LASL)from 30 September 1999 until 22 December 2003 as a broker and manager. Mr Milne was suspended from his job by LASL on 12 December 2003, pending a disciplinary hearing on 17 December 2003. At the disciplinary hearing, issues which related to Mr Milne’s performance and conduct were mentioned but without detail. Mr Milne decided not to go to a second proposed meeting on 19 December 2003 and instead resigned to avoid the embarrassment of dismissal. Mr Milne then commenced proceedings against LASL for unfair dismissal and breach of his employment contract.


  • Intellectual Property: Community Trade Marks – Registration Refusal – Likelihood of Confusion
    [Legal:Intellectual-Property] In Alcon Inc v Of Office for Harmonisation in the Internal Market (OHIM) [2005], a mark was refused registration because the public was likely to confuse the mark with another similar mark.


  • Intellectual Property – Patentability of Computer Programmes - Exclusions
    [Legal:Intellectual-Property] Patenting computer programmes


  • FAQ: Intellectual Property Protection
    [Legal:Intellectual-Property] This is a guide to intellectual property protection


  • Employment Law: Racial Discrimination - Unfavourable Treatment
    [Legal:Employment-Law] The case of Webster v Brunel University [2004], was recently decided by the Employment Appeal Tribunal ('EAT'). The applicant, Webster, was employed by Brunel University as a helpdesk officer providing Information Technology support to the administrative staff of the respondent, Brunel University. The applicant brought proceedings in the employment tribunal against the respondent, claiming racial discrimination.


  • Intellectual Property Law: Community Trade Marks - Registration - Grounds for Refusal
    [Legal:Intellectual-Property] In the case of CeWe Color AG and Co v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-178/03 and T-179/03), the Court of First Instance rejected CeWe's trade mark applications on the grounds that the marks were merely descriptive and lacked distinctiveness.


  • Terminating an Agency Agreement - Breach of a Commercial Agency Agreement - Compensation for Agents
    [Legal] PJ Pipe and Valve Co Ltd v Audco India Ltd [2005], the Court ruled that damages for a breach of a commercial agency agreement should be assessed on a flexible basis according to the particular facts of each case.


  • Biotechnology: Commercial - Licensing Agreement - Royalty Payments
    [Legal] The case, Cambridge Antibody Technology v Abbott Biotechnology Ltd and another, concerned what royalty payments were due to the claimant, Cambridge Antibody Technology, under the agreements between the parties. Cambridge Antibody Technology was a company undertaking research and development work and licensing of its technology, in relation to the production of antibodies. The first defendant was the holding company of the second defendant which was one of a group of pharmaceutical companies. The parties entered into a collaborative agreement in 1993, whereby the claimant granted the defendants the right to use its technology in the production of a genetically-engineered human antibody for use in the treatment of rheumatoid arthritis.


  • Frequently Asked Questions About Data Protection
    [Legal] Why is it important for your organisation to comply with the Data protection Act? The Data Protection Act 1998 ("DPA"), lays down eight data protection principles that any organisation processing data of individuals must comply with.


  • Intellectual Property Law - Trade Mark Infringement - What is the Overall Impression?
    [Legal:Intellectual-Property] The recent case of Wistbray Ltd v Creative Nature Ltd (2005) emphasises that the Court will look at the overall impression of a sign to determine whether it infringes a trade mark. Section 10 of the Trade Marks Act 1994 provides, so far as is material: '(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because.(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark '. The claimant company, Wistbray Ltd, was the registered proprietor of a UK registered trade mark 'DRAGONFLY' in Class 30 in respect of teas. It was also the registered proprietor of a European Community registered trade mark for 'DRAGONFLY', combined with a logo of a dragonfly in silhouette in Class 30 in respect of teas. Wistbray had been using the trade marks for the sale of teas since September 2000 and had an annual turnover of about £1 million.


  • Employment Law - Excessive Working Hours - Breach of Duty of Care
    [Legal:Employment-Law] In the case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed due to overwork successfully sued his former employers in the County Court for breach of duty of care. Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded "Pub Manager of the Year". However, in 1999 he started working at The Old Moat House where he found himself working 13 hour days.


  • Information Technology - Wrongful Termination of Contract
    [Legal] When can you terminate an IT Contract? In the recent case, Peregrine Systems Limited v Steria Limited [2005] , a customer wrongly terminated an IT contract with its software supplier and as a result had to pay the supplier £700,000 plus interests - the outstanding balance due to the supplier under the contract.


  • Intellectual Property Law- Patents - Assignment of Patents
    [Legal:Patents] Care Should be taken when assigning your intellectual Property Rights. In the case of QR Sciences Ltd v BTG International Ltd [2005], the defendant company, BTG, (a purchaser of intellectual property and technology rights, particularly patents) granted an exclusive licence to QR Sciences (an Australian Company), in September 2002 to use a large number of its patents subsisting in many different countries.


  • IT - Negotiating Certain Terms in IT Contracts
    [Legal] Interpreting IT contracts. In Vogon International Limited v The Serious Fraud Office [2005], a dispute arose in relation to the interpretation of the payment terms in the contract between the parties.


  • Employment - Claims - Overseas Worker
    [Legal] In the case Saggar v Ministry of Defence [2005], it was held that an overseas based employee of a British business, who was a UK resident when recruited or at any time during the course of the employee’s employment, is entitled to bring a discrimination claim in the UK. The claim can be brought even if the employee did no further work in Britain after the move overseas.


  • Intellectual Property - Trade Marks - Distinctive Character Test - Landmark Decision
    [Legal:Intellectual-Property] The recent decision by the European Court of Justice (“ECJ”) in Societé des Produits Nestlé SA v Mars UK Ltd [2005], makes it easier for trade mark owners to satisfy the distinctive character test when applying for registration of their trade marks. The ECJ decided that the necessary distinctive character required for a trade mark registration can be acquired as a consequence of its use as part of another registered trade mark provided that an average, well-informed consumer would deem it to be distinctive of its trade origin.


  • Commercial: Consumer - Discounts - Misleading Advertising
    [Business:Advertising] Marketing is an important tool for attracting customers. It is commonplace to see banners announcing bargains of "70% off the retail price." However a recent High Court decision illustrates that care must be taken with such marketing.


  • Intellectual Property: Trade Marks - Goodwill
    [Legal:Intellectual-Property] In Newman Ltd v Adlem (2005), the Court of Appeal held that there was a duty on the seller of a business not to undermine the goodwill attached to that business (if included in the sale) even after the non-competition covenants in the sale agreement had expired. Goodwill is an intangible asset valued according to the advantage or reputation a business has acquired.


  • Intellectual Property: Patent Infringement
    [Legal:Intellectual-Property] In the case of Agilent Technologies Deutschland GmbH v Waters Ltd (2005), the claimant, the proprietor of a European patent for a pump and control system, brought proceedings against the defendant for patent infringement. The patent is for a pump for delivering solvent under pressure to high-pressure liquid chromatography columns. In particular, the patent relates to the control of the flow rate of the pump by altering the stroke volume and the frequency of reciprocation of the pistons.


  • Intellectual Property: Design - Spare Parts
    [Legal:Intellectual-Property] In Dyson Ltd v Qualtex [2004], Dyson brought proceedings against the defendant, Qualtex, a manufacturer of vacuum cleaner spare parts, alleging infringement of its unregistered design rights in various spare parts comprising different products. Unregistered design rights are unregistrable intellectual property rights that arise automatically by the operation of law and protect the owners of original designs from, amongst other things, unauthorised copying. The existence of such rights is subject to certain exceptions.


  • Media Advertising: New Alcohol Advertising Codes - 1 October 2005
    [News-and-Society:Politics] Businesses advertising alcohol either in TV or non-broadcast format need to ensure they comply with the new Alcohol Advertising Codes ("Codes"). The Codes for both TV and non-broadcast advertisements have now been published. All alcohol advertisements appearing from 1 October 2005 need to be compliant with the Codes.


  • Intellectual Property: The ECJ Extends the Use of Trade Marks to Goods and Services
    [Legal:Intellectual-Property] The European Court of Justice ("ECJ") ruled in Praktiker Bau- und Heimwerkermärkte (C 418/02) that a trade mark that is now in use by a company on its goods can be extended to cover the services provided by this company.


  • Employment Law: Attendance Rewards - Legal Ramifications
    [Business:Careers-Employment] If you were thinking of offering your employees special rewards as incentives for having good attendance records, then you must read on. In fact, employers that offer attendance bonuses may find themselves falling foul of the law.


  • Employment Law: Unfair Dismissal - Employer Succeeded in Changing Terms of Employment
    [Business:Careers-Employment] Good news for employers wishing to change the terms of employment of employees, however, employers must still take care.


  • Data Protection: Abuse of Process - Damage
    [Legal] The case of Austen v University of Wolverhampton (2005), confirms that in order for a claim under the Data Protection Act 1998 ("the Act") to succeed, there must be evidence of damage and court proceedings must be a proportionate action.


  • E-Business: Domain Names - Bad Faith
    [Internet-and-Businesses-Online:Domain-Names] Ian McMillan registered the internet domain name TrivialPursuits.net and won the right to continue using it, after a challenge from Horn Abbot, the makers of the board game, failed to stop him using the domain name. The makers of the Trivial Pursuits board game failed to obtain the TrivialPursuits.net domain name from the person who said he registered the name to lament life's loss of individual creativity.


  • Marketing Authorisation - Medicinal Products
    [Health-and-Fitness:Medicine] Licensing of Pharmaecutical Products - in order to licence a pharmaecutical product in the European Union, a company must obtain a marketing authorisation.


  • Marketing Authorisation: Distinction Between Food Additives and Medicinal Products
    [Legal] The main ground on which the proceedings were dismissed was that the products were medicinal products, not foodstuffs.


  • Intellectual Property:Trade Mark Infringement - Pharmaceutical Product - Exhaustion of Rights
    [Legal:Intellectual-Property] In the case of Bolton Pharmaceutical Co 100 Limited -v- Swinghope Limited and Others [2005], the claimant was the new owner of a trade mark registered in respect of a pharmaceutical product which was commonly used to treat hypertension. It acquired the product from AZ, another pharmaceutical company, in September 2004, who had previously sold its trade mark rights to a Spanish company.


  • Employment Legislation: Proposed Employment Law Changes - To Take Effect 1 October 2005
    [News-and-Society:Politics] Proposed changes to the Sex Discrimination Act ("SDA") 1975 and the Equal Pay Act ("EPA") 1970 under the amended Equal Treatment Directive (2002/73/EC) will be implemented on 1 October 2005. To ensure that your company's policies comply with these proposed reforms please contact us at enquiries@rtcoopers.com.


  • Media: Privacy Rights - Publishing
    [Legal] The case of Douglas and others v Hello! Ltd and others (2005), concerns the long running battle over the publication of Michael Douglas and Catherine Zeta Jones' wedding photographs by Hello! magazine.


  • Employment Law: Time Limits for Bringing Employment Tribunal Claims
    [Legal:Employment-Law] Since October 2004 the time limits for bringing employment tribunal claims have changed.


  • Intellectual Property: Counterfeiting - Government Consultation
    [Legal:Intellectual-Property] Counterfeiting is a major problems for pharmaceutical and other companies. Intellectual Property ("IP") crime (counterfeiting and piracy as it is more widely known), has grown considerably over the past 10 years and is reported to have serious economic effects both in the UK and globally.


  • Data Protection: New Interpretation of the Data Protection Act
    [Legal] Data Protection is an area of law that impacts on all businesses that process personal data of individuals. Every individual has a right to request the data that an organisations holds about him or her and this article deals with what information an organisation should disclose to an individual when it receives such a request.




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