Articles and Updates
It has been just over 10 years since the UK Treasury and the Financial Services Authority bought the home purchase plan scheme of Shariah compliance mortgages in the UK within their regulatory remit. The growth of Islamic real estate finance in the UK in the past 10 years has been tremendous. There are now around 20 financial institutions that offer Islamic finance services with five fully Shariah compliant banks. The UK has grown to become the western hub for Islamic finance globally. Lingxi Wang provides further insight.
Welcome to our Summer Intellectual Property Bulletin. In this issue, we look at a variety of interesting developments, from the steps that the UK government has taken to minimise the impact of Brexit on registered designs, an update on trade secrets, and the recent high profile CJEU decision about whether Christian Louboutin's red soles on high heel shoes can be a registered trade mark.
Christian Louboutin designs and produces the famous luxurious red soled high heel shoes. It prides itself on its unique design and branding. Louboutin registered their red sole trade mark in 2010. The mark consists of a specific shade of red applied to the sole of a shoe. The trade mark was illustrated in a picture of the shoe, with the red sole, but it was stated in the description that the contour of the shoe (i.e. the shape) did not form part of the trade mark. Rachel Warren looks into the proceedings and ruling.
In the recent decision of Mei Fields Limited v (1) Saffron Cards and Gifts Limited and (2) Paul James Steele  EWHC 1332, the Intellectual Property and Enterprise Court (IPEC) has provided a judgment regarding copyright infringement, which includes several noteworthy issues. Rachel Warren provides insight on the case.
In this recent case before the Supreme Court, the Court was asked to decide who should pay the costs of compliance when an injunction is obtained against an innocent intermediary to prevent the use of his/her facilities for infringing or unlawful purposes. Rachel Warren provides some insight into the decision.
As I am sure you are already aware, the FCA is extending the new Senior Manager and Compliance Regime to all authorised firms with effect from 9 December 2019.
In preparation, we will be running a series of updates on the new legislation, focusing on how the Core Regime under the SM&CR will operate and providing some practical advice on how firms can go about implementing the SM&CR into their organisations, the key issues likely to arise, and how to deal with them.
When the registers of common land were compiled some land that could have been registered was not. Similarly, some land was mistakenly recorded as common land even though it wasn’t common land.
Owners of common land are increasingly applying to de-register it as common land, either because it was mistakenly registered, or possibly because they want to carry out works on it without having to obtain permission. Marina Leigh, Solicitor and Property Litigation specialist, looks the options available to landowners.
Suzanne Walford, Associate in our Planning team, looks at the public sector equality duty in planning, with a summary of the recent Buckley case and how this may be applied to current applications.
A trade secret is a valuable piece of information for an enterprise that is treated as confidential and that gives the enterprise a competitive advantage. This can include recipes (such as for Coca Cola or Krispy Kreme), certain production methods or Google's proprietary search algorithm.
Charlene Nelson, Chartered Trade Mark Attourney in our Intellectual Property Team, provides an overview, including the benefits, of the UK joining the Hague Agreement.