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EDITION 62 COMMERCIAL E-NEWSLETTER JUNE 2015

Protect Your Copyright businesses had experienced a data security breach and 59% of respondents expect data security breach The recent report of a photograph of a family being incidents to increase next year.

used by the no campaign in the Irish gay marriage

referendum, when the family featured in fact supported If you would like a copy of a longer version of this the yes campaign raises the issue of ownership of article, which also covers the Cyber Essentials copyright in photographs. scheme, please email Sue ([email protected]) ref: data. The background was that the family had agreed to a

free photo shoot, on the basis that the photographer Patent Opinions

would own the copyright in the photographs and could provide them to a stock photo website, from where they The Intellectual Property Office (www.ipo.gov.uk) could be purchased for further use. The family lost has recently issued details of opinions it has given, control over the use of the photographs. in the early stages of patent disputes. They make interesting reading, in showing the approach

When having copyright works created, you should adopted in deciding whether a patent has been check the terms and conditions of the supplier and, at infringed or not. Local company, Dyson Technology that stage, seek an assignment of the copyrights in the feature on two opinions relating to vacuum cleaners works. It will be much more expensive (and may even and hair dryers. See Requests for Opinions 2015 on be impossible) later. the IPO website.

Building Blocks Changes to Company Law

The copyright case of Fresh – v- Deepend Fresh, relating The first provisions of the , to the famous Innocent smoothie “dude” logo, is a Enterprise and Employment Act 2015 (the “Act”) salutary reminder of the need to get the basic building have recently come into effect as well as the blocks of your business in place to provide sound provisions of the 2006 which mean foundations for later development. Peter James has that directors’ duties will now apply to shadow written an article on this case. If you would like a copy, directors. please email [email protected], ref Innocent. Other provisions of the Act will come into force in Data breaches – what can you do about them? October, when corporate directors will no longer be permitted, except in certain limited cases. A recent survey conducted by Pricewaterhouse Coopers Companies will have a 12 month transitional for the Government found that there had been a period within which to demonstrate that the significant increase in the number of data security exception applies or to remove their corporate breaches and the associated costs relating to business directors. disruption, lost assets and sales and reputational damage. However, the biggest change will not be effective until early 2016 when every company will need to Some of the key findings of the survey, which obtained prepare a register of persons who have significant responses from a range of large and SME organisations control over the company (known as a PSC were that 90% of large organisations and 74% of small Register). This will contain details of all persons

value, if it is a company limited by shares) or voting Clark Holt Limited (Co. No. 8774683). Registered Office: Hardwickrights orHouse, who Prospect otherwise Place, exercises Swindon control SN1 3LJ over the Tel: 01793 617444 Fax: 01793 617436management www.clarkholt.com of that company; any person who holds the right, directly or indirectly, to appoint or If you wish to receive this free monthly newsletterremove please email a majority Sue: suer of [email protected] of the Page 2 of 2

who hold 25% of a company's shares (in nominal in tanks in the roof of the bus. The Bus Hound has value, if it is a company limited by shares) or voting now returned to normal duties in Reading – hopefully rights or who otherwise exercises control over the at a more sedate pace!

management of that company; any person who holds

the right, directly or indirectly, to appoint or remove News from the Front Line: a majority of the board of directors of the company and any person who has the right to exercise, or actually exercises, significant influence or control over the company. We are sure that it will not have escaped our readers’

notice that this year is the 800th anniversary of the

At that time, new rules in relation to the sealing of Magna Carta by King John and the Barons disqualification of director will also be introduced, at Runnymede. The ex-Attorney General Dominic allowing courts to consider a director’s conduct Grieve QC recently gave a talk to our clients and overseas in disqualification proceedings and for contacts about it. Here are 5 things you may not know directors to be required to compensate any about it.

who have suffered loss as a result of a director’s

conduct. 1. Despite its good intentions Magna Carta lasted only 3 months. At King John’s request, the Pope Lack of Knowledge of Competition Law annulled Magna Carta and, within a year, King John

was dead. A report by IFF Research commissioned by the 2. Despite its short life something fundamental had Competition and Markets Authority (“CMA”) has found a low level of awareness of competition law in happened at Runnymede. When American colonists fought against Britain in the war of independence they UK businesses. fought for the freedoms that they believed were

Just over a quarter of businesses thought that they embodied in Magna Carta. Indeed, Magna Carta has knew competition law well or very well, leaving 74% always been more highly regarded in the States than who either did not know it very well, not at all well here. (It was central to the American Declaration of

or had never heard of it! Independence). Until recently the only memorial at Runnymede was one paid for by the American Bar The level of understanding of specific anti- Association in the 1950’s. competitive behaviours was poor: only 29% 3. An original version of Magna Carta was appreciated that resale price maintenance was illegal; displayed at the 1939 World Fair in New York. When only 40% knew that market sharing was against the WW2 broke out it spent the bulk of the war in Fort law; 45% did not realise that price fixing was illegal Knox for safe keeping. Churchill wanted to give it to and only 48% of businesses knew that businesses the American people, hoping that it would encourage with a dominant market position had special responsibilities not to allow their conduct to impair them to join the war but the plan was dropped. competition. 66% of businesses did not know what 4. Magna Carta has been described as “the most the penalties are for breach of competition law and valuable export of Great Britain to the rest of the

57% had not heard of the CMA. world” (although the English language is also a strong

For further information, contact Peter James: contender). [email protected] 5. The famous clause 39 of Magna Carta is still in force: Table 1 Cow Power! “No free man shall be arrested, or imprisoned, or deprived

of his property, or outlawed, or exiled, or in any way At Millbrook test track, a Reading bus powered by a destroyed, nor shall we go against him or send against him, by-product of cow manure reached a speed of almost 77 mph. The “Bus Hound”, appropriately painted in unless by legal judgment of his peers, or by the law of the the black and white pattern of a Friesian cow, runs on land.” biomethane compressed natural gas, which is stored

Please note: the contents of this newsletter are for general guidance only and are not a substitute for specific legal advice. For further information, please use the contact information.