Archive for December, 2011
Tuesday, December 13th, 2011
Mary Portas has today unveiled her long awaited review of the high street! The review contains a number of practical steps and no less than 28 recommendations to try to get shoppers to return to their local high streets and to make it easier for retailers to operate. These include:
- initiatives to get town centres “running like businesses”
- planning reforms to encourage town centre development ahead of out-of-town development
- encouraging “a contract of care between landlords and their commercial tenants” by promoting the lease code and developing and adapting lease structures in order to move away from upward only rent reviews
Whilst many will welcome her ideas, we fear that others will feel like they’ve been there before. In our view though, we believe that any focus on a fast declining high street is a good thing and hopefully will be a trigger for action and improvement. Let’s leave cynicism behind and look to the future!
Posted by Sarah Parkinson, who specialises in property development and retail; heads up commercial property development practice, dealing with complex projects and commercial property transactions, including options and development agreements.
Sarah Parkinson
0115 976 6575
sparkinson@brownejacobson.com
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Tags: high street review, Mary Portas, Retail, shoppers, town centre developments
Posted in Property, Retail | No Comments »
Friday, December 9th, 2011
The Government’s UK Border Agency has warned shoppers of a flood of counterfeit products coming into the UK in time for the festive season.
Counterfeit products such as toys, electronics and beauty products all pose a potential health risk due to the use of banned chemicals or unsafe electronics.
For the companies whose products are being counterfeited it poses a concern not only for their customers’ safety, but also for the damage these inferior quality and potentially dangerous products could do to their reputation.
While stopping all counterfeit goods entering the UK is impossible, a strong and structured approach can be taken. In particular, customs watches can be set up with the UK Border Agency who will seize infringing goods of which it becomes aware, preventing their access into the UK. Once confirmed as counterfeit, goods are then destroyed.
In our view failure to control the influx of counterfeit products can cause irreparable damage to a company’s reputation and, as we have all seen, can be the death of a premier brand.”
Posted by Oliver Laing, who specialises in intellectual property agreements, anti counterfeiting and disputes relating to patents, copyright, trade marks, designs, as well as domain name disputes and reputation management.
Oliver Laing
0115 908 4854
olaing@brownejacobson.com
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Tags: Brands, Copyright Designs and Patents Act, counterfeit goods, counterfeiting and copyright infringement, Intellectual Property
Posted in Brands, Intellectual Property | No Comments »
Friday, December 9th, 2011
The change in Government left auto enrolment and NEST hanging in the balance. Following the publication of an independent review earlier this week, it appears that it is full steam ahead with auto enrolment and NEST.
The good news is that a 3 month waiting period has been introduced before the auto enrolment requirement kicks in, and some of the thresholds have been increased (the earnings threshold at which an individual is auto enrolled has been increased to match the income tax personal allowance; the threshold for pension contributions to become payable matches the National Insurance primary threshold).
However the not so good news for smaller employers is that the requirements apply to all employers irrespective of size.
It still seems that many of the principles which caused concern for employers in terms of costs and administrative burden remain.
Posted by Victoria Leybourn, who specialises in advising companies and trustees in all aspects of pensions law and local authorities and contractors on their obligations regarding public sector pension schemes.
Victoria Leybourn
0115 976 6160
vleybourn@brownejacobson.com
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Tags: auto enrolment, employee pensions, income tax, NEST, Pensions, pensions law, Tax
Posted in Employment, Local Authorities, Pensions, Public Sector, Tax | No Comments »
Friday, December 9th, 2011
The government’s advisors on climate change, the Committee on Climate Change (CCC), published its latest report this week warning that in order to hit 2050 emissions targets the UK will need to increase its use of Bio-energy to make up 10% of the UK’s total energy usage, as compared with the current 2%.
Bio-energy involves the use of solid, liquid and gas fuels from sources such as wood, waste or feedstocks. The CCC envisages converting existing coal power plants into bio-energy power plants, as it argues bio-energy plants have lower carbon emissions than plants burning fossil fuels.
However, there is opposition from environmental campaigners, such as Friends of the Earth, who argue that large scale bio-mass projects pose a threat to forests worldwide and the government should instead focus on small scale projects that rely on food and slurry.
The Government therefore faces a tough balancing act when preparing its new bio-energy strategy, due in 2012, which we will await with interest.
Kassra Powles
0115 908 6200
kpowles@brownejacobson.com
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Tags: 2050 emissions, bio-energy, CCC, Comittee on Climate Change, environmental, friends of earth
Posted in Waste & Environmental | No Comments »
Friday, December 9th, 2011
Experts are predicting that there could be a record number of retail insolvencies this Christmas given the difficult trading conditions. The latest retailer to succumb is Barratts.
Without doubt, there needs to be some give and take. Landlords may want to offer extra concessions to try and keep their retail tenants in business, especially if the premises are likely to be left vacant as landlords may become liable for ongoing costs and, in particular, business rates (this issue being mentioned in previous opinions).
Effective communication is going to be the key to ensure that the high street gets through this difficult time and the retail tenants needs to be honest with landlords if they want to strike a deal in order to survive.
Kirsty Black
0121 237 3958
kblack@brownejacobson.com
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Tags: barratts, Brands, christmas shopping, property litigation, Retail, retail insolvencies
Posted in Brands, Property, Retail | No Comments »
Friday, December 9th, 2011
A Strategy published yesterday and highlighted by the IPO’s press release sets out measures to help small and medium size businesses protect their IP rights.
The strategy picks up a number of proposals for the future (such as the creation of a register of IP advisors, online training tool, and provision of audits) and some that are already in place such as online patent service “Ipsum” which allows businesses to find patents and related documentation online.
All steps are welcomed if they result in SME’s developing and protecting IP. So often SMEs only become aware of IP rights and their protection as a result of an internal dispute or on the departure of a key developer. Lets hope these measures will allow SMEs to be sufficiently informed at an early stage to prevent unnecessary disputes from arising.
Posted by Richard Nicholas, who specialises in commercial, IT and outsourcing agreements, complex projects for private and public sector clients, collaboration, distribution & agency contracts, e-commerce and consumer law.
Richard Nicholas
0121 237 3992
rnicholas@brownejacobson.com
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Tags: Copyright Designs and Patents Act, Intellectual Property, ip, IPO, Ipsum, SME's
Posted in Advertising & Marketing, Brands, Intellectual Property, Retail | No Comments »
Friday, December 9th, 2011
Following our recent blog on UK businesses’ anger at China’s apparent ‘flouting’ of Intellectual Property (IP) rights, the government’s appointment of the UK’s first ever IP Attaché has been announced.
Tom Duke will be based at the British Embassy in Beijing and will be responsible for providing UK companies trading in China with support and advice about the enforcement of IP rights.
In making the announcement, Baroness Wilcox (UK Minister for IP) commented on the opportunity that the Chinese market represents for UK businesses, stating that trade between the two nations was last year worth an estimated £42 million; she noted ‘we need an efficient global intellectual property system where businesses have the confidence to trade in growing markets’.
This appointment will be welcome news to UK companies such as Dyson who, we reported this week, are put off from dealing in China despite its rapid growth, due to the apparent lack of monitoring of domestic infringers of UK IP rights.
Laura Mackenzie
0121 237 3959
lmackenzie@brownejacobson.com
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Tags: baroness wilcox, Brands, Copyright Designs and Patents Act, copyright infringement, Dyson Ltd, Intellectual Property, IP Attache, Retail, Tom Duke
Posted in Advertising & Marketing, Brands, Intellectual Property, Retail | No Comments »
Thursday, December 8th, 2011
Boxpark in Shoreditch opened this weekend as the world’s first pop-up mall! The mall consists of over 60 shipping containers and is located on a site which is to be redeveloped in five years time.
Pop-up shops are obviously now a common sight during the busy christmas shopping season as retailers take the opportunity to open small units, often for terms of around three months or less.
Attractive rents are available to tenants due to the number of empty units and new technology has made the set-up of temporary till systems easier. Pop-up shops can also be an appealing proposition for landlords too because a fresh period of business rates relief can become available after the temporary letting ends.
In our view, pop-up shops may also encourage longer-term lettings if they generate footfall and add to a vibrant shopping experience in what would otherwise be a quieter corner of a shopping centre or high street. Let’s face it – every little helps in this market!
Mark Hymers
0115 976 6081
mhymers@brownejacobson.com
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Tags: christmas shopping, commercial property, high streets, property, property developers, Retail
Posted in Property, Retail | No Comments »
Monday, December 5th, 2011
Sir James Dyson has warned that China’s reputation risks being tarnished in the eyes of foreign investors due to their approach to IP rights.
In advance of this week’s Intellectual Property Office (IPO) symposium, which will be attended by trade representatives from China and the UK (including the UK Minister for IP- Baroness Wilcox), Dyson warned that China faces expulsion from the World Trade Organisation (WTO), the body that enforces global trade rules.
Dyson, a member of the prime minister’s business advisory group, suggests that China is creating an unlevel international playing field which prevents foreign companies enforcing their rights against Chinese infringers by maintaining a patent application process in which Chinese applications are passed in less than a year, compared to five years for foreign businesses.
China’s approach to IP right enforcement is likely to be of increasing interest to UK companies eager to protect their products, should the emerging market continue to pursue rapid economic growth without attempting to monitor domestic infringers.
Laura Mackenzie
0121 237 3959
lmackenzie@brownejacobson.com
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Tags: Brands, Copyright Designs and Patents Act, Dyson Ltd, Intellectual Property, patent applications, Retail, UK Intellectual Property Office, world trade organisation
Posted in Advertising & Marketing, Brands, Intellectual Property, Retail | No Comments »
Monday, December 5th, 2011
Because of the perceived adverse affect on development in some quarters, George Osborne has announced a review of the implementation of the Habitats and Birds Directive (Directive 92/43/EEC and Directive 2009/147/EC) in the Autumn review.
Whilst it is claimed that the review will continue to support the Directive’s objectives, it aims to ensure that the Directive’s implementation does not lead to unnecessary costs and delays to development projects.
As the Directives have direct effect into UK law, it is hard to see how the review could conclude that anything but minor changes could be made without the risk of the UK government facing infraction proceedings. Even then, minor alterations could initially result in further delays as the interpretation of those amendments could be subject to legal challenge in the courts.
Having already annoyed environmental groups by sending out a message that environmental concerns are secondary to development, the likely outcome of any review will only further upset developers if no substantial changes are made.
Posted by Jonathan Allen, who specialises in environmental law, specifically advising nature conservation, local authority and corporate clients and administrative law, with a focus on judicial review.
Jonathan Allen
0115 976 6572
jallen@brownejacobson.com
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Tags: autumn statement, environmental, environmental issues, George Osborne, habitats and birds directive
Posted in Waste & Environmental | No Comments »
Thursday, December 1st, 2011
George Osborne’s Autumn Statement was issued on 29 November 2011. The statement revealed that cuts to public spending, including social care, from 2015 to 2017 will be greater than previously predicted. Local authority funding will fall by 3.5% in 2015 – 2016 and 2.7% in 2016 – 2017.
This will significantly impact on vital services provided by the local authority. In particular, it seems even more unlikely that the government will follow the proposals set out in the Dilnot Report on the funding of adult social care, despite clear findings that the current adult social care system does not work. Instead, the proposals for the future funding of adult care, which one expected to be set out in a white paper in early 2012 are likely to be far more modest. The concern will be that short term savings will postpone necessary reform, and cost us more in the long run.
Posted by Louise Wilbraham, who specialises in defending child protection claims against local authorities, including class actions; familiar with smaller group and individual cases; undertakes educational and personal injury work.
Louise Wilbraham
0115 976 6552
lwilbraham@brownejacobson.com
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Tags: adult social care, autumn statement, George Osborne, government spending cuts, Social Care, social services
Posted in Local Authorities, Social Care | 1 Comment »
Thursday, December 1st, 2011
This week, the application process opened for permits to advertise, or trade in the street, in the vicinity of the London Olympics. The application process is open until 29 February 2012.
Specific Regulations, which prohibit unlicensed advertising or street trading, have now been finalised. The law is wide reaching and can catch, for instance, persons given branded clothing to wear, and pre-existing advertising in the defined areas. The law is also strict – officers have extensive powers to enforce it, and directors may find themselves personally liable for their company’s actions.
It is fair to say that the wide scope of the laws in place during the London Olympics may catch some businesses by surprise. It is therefore important to plan your marketing and trading activities early, so you can still seek advice and/or acquire permits.
Further information can also be viewed at Olympics – law and practice.
Posted by Oliver Sweeney, who specialises in regulatory matters; including compliance, representation e.g. company prosecutions and public inquiries; transport issues; commercial litigation, including reputation management, contractual litigation and injunctions.
Oliver Sweeney
0115 976 6247
osweeney@brownejacobson.com
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Tags: 2012 Olympics, advertising, branding, Brands, Regulatory, Retail, trade
Posted in Advertising & Marketing, Brands, Food & drink, Regulatory, Retail | No Comments »
