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Welcome to our Newsletter for May 2008. We aim to keep you abreast of the law in the UK and Europe as well as the USA in the areas in which we are experts such as Intellectual property, Media and Entertainment, Data Protection, Pharmaceuticals, Commercial and Corporate Finance, Internet Law, Employment and Sports Law. As always, we endeavour to provide the highest quality legal advice to our clients throughout 2008.
Dr Rosanna Cooper
RT Coopers News (UK)
Expansion into new practice areas
From the beginning of the year, RT Coopers has been continuing to increase its practice areas. This has been client driven. We have been instructed by a number of new clients in increasingly diverse subject areas, aided by our recent expansion into the USA (See below for our USA news). As RT Coopers is a client-focussed firm, we have met our clients' objectives by building expertise in particular niche areas. Some of the new practice areas include:
- Bio Generics
- Emerging Markets
- Energy Law
- Off-shore Transactions
- Mobile Content
- Travel Law
Click here for our recent deals.
Launch of RT Coopers Online Shop
RT Coopers will soon be launching an online shop. We will be selling:
- Contracts
- E-books
- Practical tips and guidelines for businesses
- Handbooks
UK and European Legal Developments
There have been a number of interesting legal developments in the UK and EU this year:
The Business Protection from Misleading Marketing Regulations 2008 - To come into force on 26 May 2008
The Business Protection from Misleading Marketing Regulations 2008 (BPRs) come into force in the United Kingdom on 26 May 2008. The BPRs implement the Misleading and Comparative Advertising Directive (2006/114/EC) in the UK and replace the Control of Misleading Advertisements Regulations 1988. Advertising which misleads traders is prohibited under the BPRs and comparative advertising is permitted only if specified conditions are met. It is a criminal offence under the BPRs to engage in misleading advertising, but certain defences are available.
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The Consumer Protection for Unfair Trading Regulations 2008 - To come into force on 26 May 2008
The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) will come into effect on the 26th of May 2008. The CPRs will amend and replace the current legislation in force. Under the CPRs unfair commercial (sales) practices will be prohibited such as:
- Prize draw scams;
- Bogus closing down sales; and
- Agressive doorstep selling.
A breach of the prohibition on unfair sales practices under the CPRs will be a criminal offence (except in certain circumstances). There will be a defence of due diligence and innocent publication of advertisements.
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Ludwigs-Apotheke Munchen International Apotheke v Juers Pharma Import-Export Gmbh [2007]
The recent case of Ludwigs-Apotheke Munchen International Apotheke v Juers Pharma Import-Export Gmbh (Case C-143/06) [2007] was in connection with the free movement of medicinal goods in the EC. In this case a reference for a preliminary ruling, which concerned the interpretation of the third indent of Article 86(2) of Parliament and Council Directive (EC) 2001/83 (on the Community code relating to medicinal products for human use) as amended by Parliament and Council Directive (EC) 2004/27, was made by the regional court to the Court of Justice.
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Discrimination on the grounds of heterosexuality
A female heterosexual member of door staff at a gay nightclub has been awarded damages after she was harassed by her co-workers. The employee in this case relied on the Employment Equality (Sexual Orientation) Regulations Act 2003 in order to win an award of 6,222 pounds for unfair dismissal and injured feelings. This is a slightly unusual case in that it demonstrates the extent of the scope of protection provided under equality legislation in the UK. Under the Employment Equality (Sexual Orientation) Regulations 2003 protection is provided against discrimination and harassment on the grounds of sexual orientation. It was held that the Regulations apply equally to members of the gay, lesbian, bi-sexual and heterosexual community.
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RT Coopers News (USA)
Launch of RT Coopers LLP (USA Office)
We are pleased to announce the launch of our USA office. RT Coopers LLP is based in Illinois, Chicago.
USA Legal Developments
There have been a number of interesting legal developments in the USA this year:
2007 Patent Reform Act
The 2007 Patent Reform Act is likely to herald a fundamental shift in the US patent regieme. In April of 2007, the Patent Reform Act was introduced in both houses of Congress. If passed, the legislation will dramatically change how patents are obtained, enforced and challenged under US law. Important aspects of the Act include:
- Changing the patent system to first-to-file.
- Restricting districts in which parties can file patent infringement suits.
- The creation of a post-grant review procedure which will allow parties to challenge the validity of issued patents.
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Perfect 10 Inc v Visa International Service Association [2007]
Perfect 10 operated a subscription website and publishes a magazine in which copyrighted images of models are featured. The defendant in this case, Visa International Service Association, is a creditor which accepts credit card payments for the purchase of copyrighted images on competitor websites. In 2006, Perfect 10 sued Visa for its acceptance of credit cards on websites that infringed Perfect 10’s copyrights. It was held that Visa could not be deemed vicariously liable for infringement because they had no right or ability to control the infringing activity. The court found that Visa did not facilitate the improper conduct at issue as they merely processed credit card payments. The court was of the opinion that without evidence that a company directly controlled or encouraged the infringing activity, liability for copyright infringement cannot be found.
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Please click here for our USA legal updates page. | 
