News
All the latest news and views.
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Placement of “unhealthy” food advertisements come under heavy scrutiny
August 2018
Several ASA decisions published today highlight the continued focus by the ASA on advertising high fat, sugar or salt products (“HFSS”) to children.
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Inspiration or copying: Aldi in the news again
August 2018
Family run sausage manufacturer Heck and yogurt maker The Collective are leading a public relations campaign against the German discounter after they both allege that Aldi is selling products “almost identical” to those made by the independent producers.
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CJEU confirms Art 3(a) criteria for determining SPC protection
July 2018
In order for an SPC to be valid the relevant product must be “protected by” the basic patent. The meaning of “protected by” has been the subject of much debate, especially in relation to combination products.
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Heinz suffers another ASA defeat in the battle for “gainz”
July 2018
It is a regular debate amongst gym goers as to what to eat post training in order to obtain a good amount of protein. The ASA has banned a TV advert for Heinz Beanz for creating the “impression” that beans contain as much protein, fibre and fat as a typical protein shake.vvvvvvv
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ePrivacy Regulation- Further Delay as Germany Looks for Changes
July 2018
Originally due to come in at the same time as the General Data Protection Regulation (GDPR) the European ePrivacy Regulation looks set for further delay following the German Government setting out an updated position.
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UK intends to explore staying in the UPC and unitary patent system after the UK leaves the EU
July 2018
The UK government has reaffirmed its commitment to the UPC and unitary patent in the recent “Brexit White Paper”.
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Combatting advertising that supports the sale of counterfeit goods
July 2018
A voluntary memorandum of understanding (“MoU”) comes into effect today which will attempt to try and minimise the placement of advertising on websites and mobile phone applications that infringe copyright or disseminate counterfeit goods.
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Nestlé Loses Appeal In “KitKat” Case
July 2018
The Court of Justice of the European Union handed down it’s judgment today on the “KitKat” case, resulting in Nestlé (the maker of the KitKat) losing its EU trade mark for the shape of its chocolate wafer product.
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Adverts for online pharmacy ailed by ASA ruling
July 2018
Adverts, for online pharmacist Pharmacy2U, appearing on Twitter and TV claiming that managing repeat prescriptions online could save the NHS “over £300 million a year on prescription costs” have been found by the ASA to be misleading and unsubstantiated.
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No Official Fee Will Be Payable On Automatic Conversion Of Registered EU Trade Marks And Designs
July 2018
UK Government confirms no official Registry fee will be payable on automatic conversion of registered EU trade marks and designs into national UK rights post-Brexit
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