Talking Shop: Retail and Consumer Roundup March 2018

By Mark Abell


Welcome to your Retail & Consumer monthly news round-up.

This newsletter focuses on key news and updates for retail and consumer-facing businesses around the world. At the end of the newsletter, you can also find details of some of our upcoming events, which we think might be of interest to you and your team.

Please get in touch, or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.


Marketing and advertising compliance for foreign businesses in China

In the aftermath of revisions to the PRC Advertisement Law in 2015 and to the Internet Advertising Measures end of 2016, we have noticed a recently increased government scrutiny of advertisement forms and consents used by foreign businesses in China.

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The Brexit bolt: HR contingency planning for relocating business functions overseas

According to recent news reports, both sides in the Brexit negotiations hope to have finalised a transitional deal, covering arrangements for the two years after the UK leaves the EU, by this March. If this comes to pass, it should provide a degree of certainty to UK businesses, at least in the short term. However, international businesses with operations in the UK are already starting to trigger contingency plans which may see the transfer of functions to mainlain Europe and large-scale reductions in UK staff numbers.

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Are you a data hungry business? Here's what you need to know about the ACCC's newly improved Section 155 powers

Section 155 of the Competition and Consumer Act confers powers on the Australian Competition and Consumer Commission (ACCC) that allow it to issue notices for the compulsory obtaining of information, documents and evidence regarding suspected breaches of the Act. These notices can be issued to parties which are the subject of an investigation or merger review or to any third party whom the ACCC believes may have relevant information.

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Are your standard terms and conditions going to land you in trouble?

Franchisors are expected to deliver a full business-format to its franchisees - including standard terms and conditions/contracts. It is therefore essential that franchisors ensure that these terms and conditions/contracts comply with what, over the last five years, has become an increasingly complex area of law.

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Trade marks: exhaustion of rights where ownership assigned

The European Court of Justice has ruled on a trade mark proprietor's right to sue for infringement for the importation into its territory of goods placed on the market by an assignee of rights in that mark in another EEA member state, where it is promoted as a single global mark.

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Echoes of Actavis sound less loud as time goes on

L'Oreal v RN Ventures [2018] EWHC 173 (Pat), continues the short run of cases that have considered the issue of infringement by equivalence but in which equivalence has not determined the outcome. This contrasts with last summer's Supreme Court decision in Actavis v Eli Lilly where a full doctrine of equivalence was recognised in UK law, significantly altering the outcome of that case.

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IP Partner, Melissa Murray, is interviewed by the Dubai Design & Fashion Council

Melissa speaks about domestic and global brand management, franchising, licensing, competition, multi-channel expansion strategies and eCommerce in the region. Read the interview on the Dubai Design & Fashion Council's website.

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France has implemented several tax reforms to improve its attractiveness at international level

Finance Law for 2018 and Amending Finance Law for 2017 are evidence of the ambition to consider France as a better tax land. Hence, tax incentive measures are planned in France for both companies and individuals.

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SAVE THE DATE for our second Retail & Consumer Annual Update, taking place on 15 May in London. More details to follow...