Latest News

Intellectual property: Future-proofing your brand

At Birkett Long, we are lucky enough to be able to work with some very well-known brands. Some of them are almost as old as the firm itself, while others are recognised in households across the world.  Yet the fortunes of a given brand can ebb and...

Brexit-proof your Trade Mark & Registered Design portfolio

Readers with IP portfolios are advised to check with us whether Brexit affects the rights afforded to them by their IP registrations. The end of the transition period brings with it some changes as to the scope of protection afforded to holders by their...

The spirit of adventure - Sir Ranulph Fiennes licensing deal

Birkett Long was recently tasked structuring a licensing deal with Sir Ranulph Fiennes for the purposes of producing high quality Rum. The resulting rum is called ‘Sir Ranulph Fiennes’ Great British Rum’ and is available at ...

In the pink: colour marks & overreaching rights holders

Birkett Long regularly makes European Community Trade Mark applications. Recently, a couple of those applications concerned icons and slogans in a distinctive shade of pink.   Our client, which is a global leader in computer software and gaming,...

COVID-19 : The response of Intellectual Property Offices

As the coronavirus epidemic sweeps across the World, the Intellectual Property Offices (IPOs) of different countries have been quick to respond and support clients: The UK IPO has issued a notice stating that 24 March 2020 and the subsequent period are...

Compulsory licences - demand meeting supply for patented products

Extraordinary times often call for extraordinary measures, and there is no more extraordinary time than that of the present. COVID-19 is leading to shortages of all manner of products, not least consumer articles such as hand sanitiser, pasta and toilet...

Intellectual Property Department recruits patent attorney

Chris Burnett has joined Birkett Long’s new Intellectual Property team as a patent attorney, where he will be advising on patent and trademark matters. His role involves advising in relation to every intellectual property right, from patents and...

Online platforms - promoting fairness and transparency

If you are running online intermediation services or if you are a user of online intermediation services, this article is for you. A new European Regulation, which will become enforceable in 2020, has been adopted by the Economic and Financial Affairs...

Websites, cookies and data protection

Many online business owners ask me about the significance of “cookies”. They question the need for a Cookies Policy for their website. If you are one of them, the following might provide some assistance. Cookies are text files which contain...

Introducing the Birkett Long Intellectual Property Department

Jonathan Perlmutter has recently joined Birkett Long as Head of Intellectual Property, having spent nearly 13 years at a firm of patent and trade mark attorneys, latterly heading up their London operations. Jonathan and his team provide us with the ability...

E-commerce essentials

The number of online businesses is growing at an ever-increasing pace. This has led to a multitude of legal, regulatory and transparency requirements. I am often asked to review commercial contracts and notices for online businesses. Mostly, information...

Why register your brand

Your brand and reputation are significant business assets that are key to keeping ahead of your competitors and developing your market perspective. When it comes to preventing another business from using or copying your brand, whether or not you have...

More than just small print?

Websites offer a fantastic tool that no businesses can afford to ignore.  Set up correctly and maintained well, a website can reach a wide – even global – marketplace and give customers quick and easy access to the products and services they...

How to deal with Restrictive Covenants

Whether you are considering building a new extension, a single house or developing a large site for multiple properties, best practice is to first check the deeds of the property for restrictive covenants.  Restrictive covenants may appear on the legal...

Brexit's affect on UK laws - business as usual!

Whilst the government has suffered the recent set back of loosing a court case requiring parliament to vote on the triggering of Article 50 it remains committed to starting the process of leaving the EU by no later than the 31 March 2017. But what does this...

Protecting your Intellectual Property Rights post Brexit

Legal safeguards businesses have put in place to protect their trademarks and design rights in the UK may not be valid when we officially exit the European Union. Birkett Long says if you used a European-wide right to protect your IP it will no longer be...

Premises: perils and opportunities

Whatever your health-related or social care business or undertaking, your premises may give you the opportunity of revenue from sharing or subletting space to other occupiers.  This can provide useful and in some cases vital income streams. ...

What is an Agent?

We often find that clients are confused about what constitutes an agent. Essentially, an agent is an intermediary involved in the making of a contract between one party, known as the principal and that principal's customer. Under English law, an agent...

Cloud computing - draft EU data protection regulations create hazy horizons

Cloud Computing Service Providers ( CSPs ) have altered the way in which data is stored, transferred and accessed on a global scale and the number of CSPs is on the rise.  Cloud computing is the delivery of information technology services through a...

How can I register copyright?

This is a question we get asked all the time. The short answer is that you can’t. There is no official registration system for copyright. It subsists automatically in all sorts of written and recorded materials from software and the internet to...

Is your website compliant?

In today’s electronic age the vast majority of businesses have a website. Some trade using it while others just use it as a means of advertising (a “brochure” site). What many businesses do not do have is a website that is fully compliant...

Your data or mine?

The recent case of Beechwood House Publishing v Guardian Products Limited & Precision Direct Marketing Limited has provided two valuable lessons.  Firstly, a clear warning to any person or organisation planning to make use of a database in a manner...

Data Protection Act review likely to put increased administrative burden on business

The EU's data protection regime is currently set out in Directive 95/46/EC, which was implemented in the UK by the Data Protection Act 1998 (DPA).  Technological developments and globalisation since the Directive led the European Commission to...

If only I'd put a Retention of Title clause in my terms and conditions...

It’s all too common a situation – especially during an economic downturn - Seller delivers good to Buyer along with an invoice, payable within 30 days, Buyer becomes insolvent so Seller joins the ranks of all other unsecured creditors and will be...

Why are lasting powers of attorney so important for care home residents?

Running a care home can be stressful - managing budgets and administration, keeping residents and their families happy and ensuring consistent ongoing care and support.  This burden increases when a resident has an accident, becomes unwell or loses...

Health and Social Care Act 2012

On 27 March 2012, the Health and Social Care Bill 2010-12 received Royal Assent to become the Health and Social Care Act 2012 (“Act”). Key reforms under the Act include the introduction of clinical commissioning groups with responsibility for...

Care sector appoints red tape champion

The Care Providers’ Alliance, a coalition of a range of the care sector’s representative bodies, has appointed Dame Denise Platt as its Red Tape Champion. Dame Denise, who has unrivalled experience of the care sector and is respected by both the...

Your business property. It does not have to cost the earth

David Rayner, partner from Birkett Long’s Commercial Property Team discusses the “big themes” that are likely to affect commercial premises during 2012. From the perspective of both landlords/investors on the one hand and tenants/occupiers...

The Information Commissioner's Office shows its bite has teeth!

Many of us using email as a regular means of correspondence are aware of just how easy it is to send an email to the wrong person, particularly where we have a number of contacts with the same or similar names. Whether on a professional or personal level,...

"Cookies" - avoid the monster

The Information Commissioner has given organisations and businesses that run websites aimed at UK consumers up to 12 months to ‘get their house in order’ before enforcement of a new EU “cookies” law. A “cookie” is a...

New advertising codes now in force

Advertising in the UK is a self regulated activity, with the advertising and broadcast industries publishing codes that are required to be followed by all those advertising in print or by broadcast media. The key objectives are to ensure that advertising is...

Spam spam spam

With businesses clambering for customers, the use of email marketing has increased rapidly over the last few years. It is seen as a very cost effective way of instantly getting products and services in front of those who matter. To help, businesses can buy...

Reflect reality in your contracts

The recent case of Kingsway Hall Hotel v Red Sky IT (Hounslow) Ltd has highlighted the need for a supplier’s standard terms and conditions to accurately reflect the reality of the situation for both parties. One size certainly does not fit all. The...

ISPs Exempt from Hate Speech Charges

New Regulations have recently been passed that exempt internet service providers (ISPs) from responsibility for sexuality-related hate speech transmitted over their networks. The Criminal Justice and Immigration Act 2008 amended the Public Order Act 1986...