If a brand owner prevents its authorised resellers from using the internet to make sales, this type of restriction will generally infringe UK or EU competition law. Despite this, competition authorities continue to identify online sales bans, with these types of restriction exposing companies to risks including financial penalties of…

Welcome to the latest episode of Gowling WLG's listen up podcast, where we look at a range of topics trending in the legal and commercial landscapes.  Khemi Salhan: Welcome to our podcast on brand protection and sport. This podcast is part of our sports sector podcast series. I'm Khemi Salhan, a…

In today's business landscape, sustainability and environmental consciousness have become paramount. However, it is crucial for businesses to avoid making misleading or exaggerated claims about their green initiatives, a practice known as greenwashing. How can businesses navigate the complex world of sustainability claims and maintain their credibility? To shed light…

Kate Hawkins: Hi, it is Kate Hawkins, a principal associate in the advertising law team at Gowling WLG. One topic that I discussed in the recent AD LAW seminar was online choice architecture and the regulation of pressured selling techniques in an online environment such as countdown timers and "…

The Commonwealth Climate and Law Initiative issued an interesting opinion on 11 March 2024 that analyses the relevance of nature related risks to directors duties under English law. The opinion is well thought through. It stretches to 115 pages long and comes at a time when there is increased focus…

A High Court judge has construed the limitation of liability provisions in a research agreement as effective to limit a party's liability for dishonesty in the performance of the contract by their employee. Here, we look at the drafting implications of the decision. In Innovate Pharmaceuticals Ltd v University of…

A geographical indication (or "GI") is a type of intellectual property protected by the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), as well as Canadian trademark law. GIs are akin to trademarks in that they help consumers identify and differentiate the source of products. However, GIs are…

Last week saw further sections of the Building Safety Act 2022 (the Building Safety Act) come into force, which include the requirement for safety case reports to be completed. As we look at the key changes, it is timely to recall that when a panellist at the 2023 Association of…

Kate Hawkins: I'm Kate Hawkins, a principal associate in the Intellectual Property team. I specialise in advertising and marketing law. I'll be talking through the basics of advertising regulation in the UK. All marketing communications must comply with UK advertising laws, codes and regulations. If a brand produces advertising that…

Last week a Private Members' Bill was introduced to the House of Lords which creates a new criminal offence of "ecocide". While Private Members' Bills rarely receive Royal Assent, because they are not sponsored by government ministers and therefore struggle for time, they frequently raise important issues of the day…

Workplace investigations are a crucial tool for maintaining a safe and fair work environment. A failure to conduct such investigations with tact and sensitivity, however, could compromise the entire process, and potentially expose your organization to liability. To help employers, including general counsel and HR teams, refine their workplace investigation…

As the echoes of back-to-school bells and the laughter of Halloween fade away, advertisers are gearing up for what is often their grandest event of the year: Black Friday and Cyber Monday! But as consumers prepare to snag incredible bargains and marketers embark on crafting strategies to attract shoppers, has…

What does it mean to "encrypt" information? And how does an organization know whether its existing encryption protocols are sufficient? The Protection of Personal Information and Electronic Documents Act (PIPEDA) imposes an obligation on businesses to use security safeguards to protect personal information in a manner appropriate to the sensitivity…

In a welcome surprise to employers, the Alberta Court of King's Bench dismissed an employee's claim of wrongful dismissal. In its dismissal, the Court remarkably awarded both compensatory and punitive damages to the employer as a result of the employee's misconduct. Amid a pro-employee legal landscape, this decision serves as…

Arbitration is a means of dispute resolution that offers an alternative to litigation in court and is a popular method of dispute resolution for international construction disputes. Unlike mediation and other methods of alternative dispute resolution, the decision in arbitration is final and binding, much like a court judgment. As…

Welcome to the latest episode of Gowling WLG's global Intellectual Property podcast where we discuss a range of topics to help you protect your brands, creations and inventions. Khemi Salhan: Welcome to this podcast on copyright law. Lots of people have heard of copyright before but many do not know…

Across several jurisdictions, eco-advertising and green marketing campaigns have become commonplace among businesses of all sizes and in all sectors. Understandably, advertising the environmentally-friendly attributes of a product or service – through slogans, trademarks, performance claims or various other marketing practices – appeals to consumers' growing concerns for the environment…

Towards the end of the summer, the UK Government, the Scottish Government and the Northern Ireland Executive published a call for evidence outlining the case for transitioning to fixed price ROCs (also known as Renewables Obligation Certificates) in 2027. This is the first government policy document regarding fixed price ROCs…

Welcome to the latest episode of Gowling WLG's global Intellectual Property podcast, where we discuss a range of topics to help you protect your brands, creations and inventions. Kate Swaine: Hello, and welcome to Gowling WLG's podcast on brand and design clearance. My name is Kate Swaine and I am…

The digitisation of businesses and the increasing reliance on technology for core business operations has heightened the risk of a cyber attack. In fact, in this day and age, it's a matter of when – and not if – a cyber attack will take place. A cyber attack can cause…

Committing to sustainable energy development can be achieved alongside socio-economic development First stated by President William Ruto in his welcome address on the opening morning of the conference and then reiterated throughout, it is clear that leaders on the African continent see sustainable energy development and socio-economic development as not…

In this article, we take a brief look at several recent announcements that set out the direction of travel in terms of reforming the distribution and transmission connection processes.

In the latest instalment in our copyright article series, head of artificial law and IP partner provides top 10 tips for protecting the copyright for your software.

In the second article in our 'Life sciences contract disputes toolkit', we identify some of the common areas where disputes can arise, how risks can be mitigated and what to consider if you do find yourself in a breach position.

In this second article in our Data Unlocked series, we explain the steps businesses can take to ensure they're sharing data safely and securely.