Archive for November, 2009

Balls warns that budget cuts will force further federations

Monday, November 30th, 2009

The Schools Secretary said he will not instruct schools on how to manage their budgets but has warned they have hard choices ahead if they are to protect the frontline from the imminent financial squeeze. Ed Balls has said that if schools want to keep the 160,000 extra teaching staff proposed they need to consider cost-saving measures now.

The timely release of the DCSF consultation document ‘Securing Our Future – Using Our Resources Well‘ starts the debate on how schools should consider making these cuts. But with Ed Balls giving clear signals to schools that federating is a cost-effective method that will safeguard the new teaching posts, it seems he is in fact giving the instructions he denies.

Federations can certainly save money through shared staff, but successful federations arise out of successful collaborations and are not forged from budgetary concerns alone. Will schools taking alternative measures be deemed to have insufficient regard for their budgets?

Mark Blois

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

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Get your opinions here!

Friday, November 27th, 2009

It isn’t only the lawyers at Browne Jacobson who offer opinions. At a recent seminar, I was reminded by the UK Intellectual Property Office that its opinion service is very much open for business.

The UK-IPO offers opinions on the infringement or validity of a patent. Whilst the opinions are non-binding, they can be valuable as a negotiation tool and can be instructive in assisting the decision as to whether to proceed with patent enforcement, or clearing the path for some particular technology. Plus, says the UK-IPO, they can be obtained within 3 months of a request and only cost £200. One word of warning though – the opinions are published documents and so sometimes circumstances can dictate that confidential opinions from legal advisers may be the more suitable route!

Since the service commenced, there have been just over 100 opinions given by the UK-IPO and the general view is that uptake on this service is on the increase – it’s certainly one of the options to consider when considering whether it’s you or a competitor who has exclusivity in relation to key innovation.

Mark Daniels

Posted by Mark Daniels
0121 237 3993
mdaniels@brownejacobson.com

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Travelodge makes formal complaint about Premier Inn's promotional campaign

Wednesday, November 25th, 2009

Travelodge has lodged a formal complaint with the Advertising Standards Authority (ASA) over the £29-a-room Christmas promotional campaign run by its rival Premier Inn.

Travelodge complains that it is “very near impossible” for customers to find rooms on premierinn.com for £29.

The complaint from Travelodge comes at a time when an increasing number of companies are turning to promotions as they continue to attempt to attract more customers in the recession. Many hotel chains have responded to big falls in occupancy by cutting room rates or offering value-for-money promotions. However, there has to be a marketing budget allocated to such promotions to make them viable.

The main winner when it comes to promotions is the customer. Travelodge agrees that the hotel industry must offer great value for the customer; however they say that this must be without the caveats.

Under advertising codes of conduct if companies are unable to supply demand for a promotional offer because of an unexpectedly high response or some other unanticipated factor outside their control, they should are expected to offer substitute products/services.

Is the customer going to be the loser in the end if the ASA uphold this complaint? Companies may be discouraged from running promotions through fear that an offer may go further than the marketing budget that it allocates.

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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T-Mobile staff sold personal data

Friday, November 20th, 2009

On Wednesday it was reported that staff working at T-Mobile had passed on details of thousands of their customers to third party brokers. The brokers sold data about customer’s renewal dates to other phone firms, so that they could cold call the customers prior to the expiry of their existing contracts with T-Mobile.

T-Mobile said that data had been sold without their knowledge, and they had worked with the Information Commissioner to identify the source of the breach. The Information Commissioner is preparing a prosecution against those responsible.

The story is the latest in a line of high profile cases involving the illegitimate sale of personal information, and public concern about the use of the large amount of personal data kept by organisations is running high.

However the value of selling personal data would seem to outweigh the risk of being caught and punished at present. The current maximum penalty under the Data Protection Act is a fine of £5,000.

How highly should this type of information be valued? Would the threat of a higher fine or a prison sentence deter such activity?

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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The Digital Economy Bill – A Boost for Musicians

Thursday, November 19th, 2009

Her Majesty in yesterday’s Queen’s Speech said the following: “My Government will introduce a Bill to ensure communications infrastructure that is fit for the digital age, supports future economic growth, delivers competitive communications and enhances public service broadcasting”.

The Digital Economy Bill will do various things, amongst which will be a change to the law on online copyright infringement – creating duties on Offcom to require ISPs to take action against identified file sharers, and giving Offcom and/or ISPs the power to disconnect persistent file sharers.

Musicians and music lovers alike should welcome this legislation. The detail of how persistent filesharers will, in reality, be banned from the internet remains unclear, as does the extent to which it will prevent unauthorised exchange of copyright materials long-term. History shows that digital pirates are generally one step ahead of those attempting to stop them.

Importantly, however, it strikes a further blow against those who believe it is acceptable to copy, distribute and use copyright materials – such as music or video games – without seeking the permission of the author, or indeed paying the author. The rise in file sharing has brought the music industry to its knees, affecting not only large record labels but also struggling independent musicians. Legislation will not solve this problem, but it will allow us to begin to tackle it.

Only by supporting our creative industry can we ensure it continues to create.

Nick McDonald

Posted by Nick McDonald
0115 976 6198
nmcdonald@brownejacobson.com

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Somebody tell me whether computer software is patentable!

Tuesday, November 17th, 2009

For those of you keeping up to speed with the debate on whether computer programs are patentable in Europe, I had a recent insight from Lord Hoffman who was speaking at the Midlands Intellectual Property Society. Discussing what can and cannot be patented, Lord Hoffman grouped non-patentable inventions into those which of themselves have no practical application (including programs for computers) and those which essentially cover human behaviour (including business methods). This categorisation although not used in the legislation, is a helpful way of keeping a reality check when looking at what is becoming an increasingly dense area of debate. 

Does your invention have a practical application?  If so, it may be patentable, even if it incorporates a computer program. We’re hoping the Enlarged Board of Appeal at the European Patent Office will shed some further light on the subject, but Lord Hoffman agrees that the EPO may not even have jurisdiction to answer the relevant questions which have been asked of it. Life’s never easy.

Mark Daniels

Posted by Mark Daniels
0121 237 3993
mdaniels@brownejacobson.com

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Can you say (Cumberland) sausages?

Wednesday, November 11th, 2009

This week Walls have admitted to the Sunday Telegraph that at least half its meat is sourced from pig farms outside the UK. This other meat comes from Denmark, Holland and Germany. However, the labels on its “Lincolnshire ” and “Cumberland” sausages do not set out the foreign origin of the meat.

In their defence, Walls say that the use of the term “Lincolnshire” sausages refers to a traditional recipe, rather than the place from where the meat is sourced. They say that they source as much meat as they can from the UK, and merely complement that with supplies from audited producers in Europe.

Walls sausages are marketed as a distinctly British brand. However, meat from abroad can be significantly cheaper to produce than meat from the UK, and legally, Walls are not required to label their products to indicate that some of its meat content comes from abroad. Indeed, so long as the product is actually manufactured in the UK, it can at present bear the wording “British Made.”

Do you think this is good enough or should manufacturers and retailers  be required to explain EXACTLY where the ingredients of products come from – or maybe it’s all a load of old Hogwash?

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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Nutrition and Health Claims in TV and Radio Adverts

Monday, November 9th, 2009

Following the revision of the CAP code for non-broadcast advertising in January 2009, last week BCAP revised its television and radio advertising codes in order to comply with the 2006 EC Regulation, which sets out when nutrition and health claims are permitted in advertising. An example of a nutrition claim commonly made on food and drink products would be “low in fat”. An example of a health claim would be “‘helps maintain a healthy heart’”.

Examples of changes (for TV advertising) include that “food product claims that refer to a rate or amount of weight loss are not permitted” and “Advertisements must not suggest that it is necessary for the average person to augment the diet or, unless the claim is authorised by the European Commission, that dietary supplements can enhance normal good physical or mental condition.”

Breaches of the new BCAP Codes could result in complaints being made to the Advertising Standards Agency (ASA). The ASA has the power to recommend that adverts must not be broadcast again without amendment. This can result in the loss of considerable investment in marketing campaigns.

Do you think these changes will do anything to promote consumer confidence in nutrition and health claims made by advertisers?

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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Fraudulent school admissions – progress or not?

Friday, November 6th, 2009

Tougher action against the thousands of parents who lie to get their children into popular schools was demanded by the Chief Schools Adjudicator, Ian Craig, in his report on fraudulent or misleading applications to schools. He recommended that parents who are found to have won a place by deception should not have priority over other children if and when they have younger children applying to the school. The inquiry also says that “additional sanctions” are needed, “probably through the courts”, suggesting parents could face criminal proceedings.

A survey of 123 authorities found that two-fifths stated that current sanctions are not enough, is it not simply a matter of time before both Ed Balls and Ian Craig are forced to impose tougher penalties for lying parents?

Mark Blois

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

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Like water off a fat duck’s back?

Monday, November 2nd, 2009

Celebrity chef, Heston Blumenthal has escaped a food safety prosecution due to there being insufficient evidence to show a clear breach of food safety legislation.

Avoiding a prosecution is clearly a good thing. However, following the investigation into the allegations that Blumenthal’s food had sickened 529, a report was produced by the Health Protection Agency (“HPA”). The report criticised the Michelin star restaurant and has been circulating in the public domain for some time now.

The report primarily concluded that oysters tainted with sewage led to guests contracting the norovirus after eating at the restaurant.

However, the report did not absolve Blumenthal’s restaurant from responsibility. It identified failings in the management system. In particular, it said that the restaurant had failed to respond to the incident appropriately.

As well as the negative image that the incident has already created, Blumenthal’s handling of the outbreak, and in particular his hostile response to the HPA’s findings has upset some of its customers, and it is reported that some customers intend to sue the celebrity chef.

Does this story give you the confidence that you have the protection from Food Safety Legislation that you expect when you dine out ?

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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