Pat Treacy

This Practice Note sets out the intellectual property and competition law issues which may arise in connection with character merchandising (ie the practice of licensing the name or likeness of a character for use in the marketing of goods or services, which will usually require the licensing of trade marks and/or copyright). It considers issues which may arise pursuant to Articles 101 and 102 of the Treaty on the Functioning of the European Union (or in the UK, Chapter I of the Competition Act 1998), as well as possible block exemptions or individual exemptions that might apply. It also considers the interaction between competition law and the tort of passing off.

This Practice Note examines competition law in relation to copyright exploitation. It covers exhaustion of rights and parallel trade within the EEA including an examination of Article 101 TFEU and copyright licensing. Vertical agreements and exclusive licences are considered covering absolute territorial protection, geo-blocking, tying and bundling, as are horizontal agreements covering collective licensing and joint selling. The relationship between copyright exploitation and Article 102 TFEU is also considered.

The Internet of Things is the term given to everyday objects, smart devices and connected devices connected to the internet. This Practice Note provides context and an explanation of the Internet of Things or IoT, providing an introduction to the technology, current and future implementations and key legal issues related to its implementation.

This Practice Note addresses the role played by standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing in patent litigation before the Courts of England and Wales (the English Courts). In particular, this Practice Note considers the legal landscape following the UK Supreme Court decision handed down on 26 August 2020 in the conjoined Unwired Planet and Conversant appeals and the practical implications of this decision.