Scotland

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Recent Articles

  •  
    14/03/2024
    Europe

    “Pre-branded” spare parts: CJEU has its say in Audi trade mark case

    The Court of Justice of the European Union (CJEU) has given its ruling following a referral from the Regional Court of Warsaw, in a trade mark infringement claim brought by Audi (Audi AG v GQ, Case C-334/22). Audi’s complaint related to spare radiator grilles sold by the defendant (GQ) which featured an element designed to accommodate an emblem or badge representing Audi’s logo. The CJEU found that a spare part of this nature – which was essentially customised with the intention of having a particular third party trade mark affixed to it – could potentially infringe that...
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  •  
    13/03/2024
    International

    After EU Commission's first decision on Carbon Contracts for Difference, Germany initiates bidding of EUR 4bn

    The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Following the Commission's decision, on 12 March 2024 the German Federal Ministry for Economic Affairs and Climate Protection (BMWK) initiated the first bidding process with a total volume of EUR 4bn. With this funding scheme, Germany is taking a pioneering role in Europe and internationally in the field of state aid for climate protection. Concept of contracts for differenceA contract for difference entitles...
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  •  
    13/03/2024
    United Kingdom

    To milk or not to milk - Oatly wins appeal against invalidity of its ‘POST MILK GENERATION’ trade mark in the UK

    IntroductionThe High Court recently allowed an appeal by Oatly against a decision of the Intellectual Property Office ("IPO”) which had found the trade mark ‘POST MILK GENERATION’ to be invalid as it was deceptive in relation to oat based products (contrary to section 3(4) of the Trade Marks Act 1994 (the “Act”)).  The High Court overturned the IPO’s ruling and declared Oatly’s trade mark to be validly registered, ruling that the use of the term ‘milk’ in Oatly’s marketing did not amount to its products being “designated”...
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    13/03/2024
    United Kingdom

    Court of Appeal rules that defence of illegality in civil claim is not available if not guilty of criminal offence by reason of insanity

    In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2024] EWCA Civ 138, the Court of Appeal recently held, by a majority of 2 to 1, that where a person has committed a crime, but has been found not guilty by reason of insanity, the defence of illegality will not prohibit them from claiming damages from those who were responsible for assessing their mental wellbeing at the relevant time.Whilst these circumstances are unusual, they are not novel. This Judgment is particularly important for providers of mental health services and their insurers.Background – Criminal ProceedingsOn 10...
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  •  
    12/03/2024
    United Kingdom

    Significant steps taken to implement Early Competition in onshore transmission with release of Regulations and further consultation

    On 20th February 2024 the Electricity (Criteria for Relevant Electricity Projects) (Transmission) Regulations (the “Regulations”) were published. Due to come into force on 12th March 2024, the Regulations set out the criteria that onshore electricity transmission projects must meet in order to be eligible for Early Competition.  The publication of the Regulations follows the body of work done to date on Early Competition which we recently outlined in our article in December 2023.“Early Competition” has been defined by Ofgem as competition which is run before detailed...
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  •  
    12/03/2024
    United Kingdom

    UK Independent Film Tax Credit

    On Wednesday 6 March 2024, the Chancellor of the Exchequer announced the introduction of the UK Independent Film Tax Credit (“IFTC”) in the Spring Budget.The IFTC is specifically targeted at the UK’s independent film industry. Following the recent Culture, Media and Sport Committee which was set up to look at the challenges the sector faces, the Government seemingly recognises the value of investing in film-making and has sought to stimulate the production of independent films in the UK via this new regime.What is IFTC?IFTC will enable producers of eligible films to opt-in to...
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