RPC

Experts

18

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Ana Margetts
Associate (New Zealand qualified)
RPC
Ashleigh Fehrenbach
Solicitor
RPC
Ben Mark
Partner
RPC
Carolin Ayres
Associate
RPC
Ciara Cullen
Partner
RPC
David Cran
Partner
RPC
Georgia Davis
Legal Director
RPC
Jessica Davies
Associate
RPC
Jonathan Charwat
Solicitor
RPC
Joshy Thomas
Solicitor
RPC
Keith Mathieson
Partner
RPC
Kirtan Prasad
Solicitor
RPC
Lucy Kerr
Senior Associate
RPC
Sarah Mountain
Partner
RPC
Shai Wade
Solicitor
RPC
Contributions by RPC

4

Delisting search results—Google Spain and Article 17 of the GDPR [Archived]
Delisting search results—Google Spain and Article 17 of the GDPR [Archived]
Practice notes

This Practice Note considers the implications of the decision of the Court of Justice in Google Spain v Agencia Espanola de Proteccion de Datos and further data protection developments in the context of the so-called ‘right to be forgotten’ stemming from that case, including guidelines from the European Data Protection Board (EDPB). It is archived as of July 2020.

Protection and management of designs—a practical guide
Protection and management of designs—a practical guide
Practice notes

This Practice Note sets out practical guidance and tips to enable proprietors of UK registered and unregistered designs and registered and unregistered Community (EU) designs to ensure that their designs benefit from the protection available. The considerations include qualification criteria, how best to represent a design in the application, evidence, timing and grace periods, and ownership and assertion of rights. It includes references to the guidance issued by the UK Intellectual Property Office and EU Intellectual Property Office and to considerations arising from the Supreme Court’s decision in the Trunki case (PMS International Limited v Magmatic Limited [2016] UKSC 12).

The impact of FATCA on facilities agreements
The impact of FATCA on facilities agreements
Practice notes

This Practice Note considers the scope and application of the Foreign Account Tax Compliance Act (FATCA). It covers the steps a bank should take in its loan documentation to comply with the FATCA provisions and the position adopted by the Loan Market Association in the LMA facilities agreements

What is a contract of insurance?
What is a contract of insurance?
Practice notes

This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to an insurance contract without the requisite regulatory permissions.

Contributions by RPC Experts

18

Copyright infringement
Copyright infringement
Practice notes

This Practice Note describes primary and secondary infringement of UK copyright. It covers the principles of infringement of copying the original source and similarity. Acts of primary copyright infringement are covered including the restricted acts of copying or reproduction (including computer programs), issuing or distribution, renting and lending, performing, playing or showing, communication to the public and adapting. Under the copying of the whole or a substantial part of the work, substantiality is covered.

Copyright—authorship and ownership
Copyright—authorship and ownership
Practice notes

This Practice Note examines authorship and ownership of copyright works. It covers determining authorship and explains joint and unknown authorship. Ownership of copyright is examined in relation to statutory presumptions as to ownership, employee and commissioned works, partnerships and joint owners.

Copyright—permitted acts and defences
Copyright—permitted acts and defences
Practice notes

This Practice Note deals with permitted acts and defences relating to copyright works. It covers copyright exceptions including personal copying for private use (now quashed); fair dealing for the purpose of research and private study, criticism and review, quotation, news reporting and caricature, parody or pastiche; temporary copies and incidental inclusion; education and libraries including e-books and e-lending; visual impairment; public administration, computer programs, and designs. So-called contract override provisions are examined in relation to copyright exceptions. The defences of: public interest, consent, copyright not subsisting, delay, anonymous works and buildings are also covered.

Copyright—protectable works
Copyright—protectable works
Practice notes

This Practice Note identifies types of work protected by copyright. Copyright works are categorised in the Copyright, Designs and Patents Act 1988. These categories of works are: original literary, dramatic, musical and artistic, film, sound recordings and broadcasts and typographical arrangements. This Practice Note examines examples of categories of works and considers a practical approach to categorisation under UK law in the light of EU cases assimilated into UK law that suggest categorisation is not required.

Copyright—subsistence and qualification
Copyright—subsistence and qualification
Practice notes

This Practice Note looks at the circumstances in which copyright protection applies, in respect of subsistence of copyright in a work and the qualifying factors that must be met by the author and the work’s publication. The Practice Note covers: copyright protectable works, originality in respect of literary, dramatic, musical or artistic works, the tests of skill and labour and author’s own intellectual creation, expression in permanent form, the distinction between idea and expression, computer programs, adaptations, and the different bases for qualification such as by reference to the qualifying author or to publication.

Intellectual property and spare parts
Intellectual property and spare parts
Practice notes

This Practice Note is intended to provide a summary as to how spare parts are dealt with for the main intellectual property (IP) rights available under English law (namely designs, trade marks, patents, copyright); together with examples of the way in which the law works in practice and pragmatic tips for both rights holders and those who make and/or sell spare parts.

LCAM Expedited Arbitration Rules (2022)
LCAM Expedited Arbitration Rules (2022)
Practice notes

This Practice Note provides guidance on the London Chamber of Arbitration and Mediation (LCAM)'s Expedited Arbitration Rules which have been in force since 1 September 2022.

LCAM—appointment, replacement and release of arbitrators
LCAM—appointment, replacement and release of arbitrators
Practice notes

This Practice Note set outs the London Chamber of Arbitration and Mediation (LCAM) procedures to appoint, replace and release arbitrators.

LCAM—arbitral tribunal’s duties and powers
LCAM—arbitral tribunal’s duties and powers
Practice notes

This Practice Note provides guidance on the arbitral tribunal’s duties and powers under the London Chamber of Arbitration and Mediation (LCAM) Rules.

LCAM—awards and other decisions
LCAM—awards and other decisions
Practice notes

This Practice Note considers the requirements of an arbitral award under the London Chamber of Arbitration and Mediation (LCAM) Rules, the possibility of a consent award in the event of settlement, and post-award matters.

LCAM—conduct of an LCAM arbitration
LCAM—conduct of an LCAM arbitration
Practice notes

This Practice Notes provides an overview of the various procedural steps to conduct an arbitration under the London Chamber of Arbitration and Mediation (LCAM) Rules.

LCAM—costs
LCAM—costs
Practice notes

This Practice Note considers the various costs that may be incurred in an arbitration under the London Chamber of Arbitration and Mediation (LCAM) Rules.

LCAM—multi-party arbitration
LCAM—multi-party arbitration
Practice notes

This Practice Note gives guidance on multi-party arbitration under the London Chamber of Arbitration and Mediation (LCAM) Rules.

LCAM—Objection to Jurisdiction
LCAM—Objection to Jurisdiction
Practice notes

This Practice Note provides guidance on the London Chamber of Arbitration and Mediation (LCAM) Board’s power to dismiss an LCAM arbitration on the ground of manifest lack of jurisdiction.

LCAM—pre-commencement considerations and starting an arbitration under the LCAM Rules
LCAM—pre-commencement considerations and starting an arbitration under the LCAM Rules
Practice notes

This Practice Note discusses pre-arbitration considerations and provides information on how to commence an LCAM arbitration, including the requirements for a compliant Request for Arbitration (Request) and Answer under the LCAM Rules, as well as guidance on how to submit a Request and Answer and payment of the applicable registration fee.

London Chamber of Arbitration and Mediation (LCAM): background, context, adoption and the LCAM Board
London Chamber of Arbitration and Mediation (LCAM): background, context, adoption and the LCAM Board
Practice notes

This Practice Note provides a comprehensive overview of the background, context and adoption of LCAM. It also examines the structure and organisation of LCAM, including the function and powers of the LCAM Board.

Regulatory action against Senior Managers
Regulatory action against Senior Managers
Practice notes

This Practice Note considers enforcement action against Senior Managers under the Senior Manager and Certification Regime (SM&CR) by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). It considers the circumstances in which regulators will investigate senior managers and the sanctions regulators can impose. It sets out practical considerations for both individual senior managers and their firms. Finally, it sets out recent enforcement action against senior managers.

The European Accessibility Act
The European Accessibility Act
Practice notes

This Practice Note provides an overview of Directive (EU) 2019/882, also known as the European Accessibility Act. It looks at accessibility requirements under the Act and practical steps for manufacturers, distributors, importers and service providers placing products or providing services in the EU. It includes details on the timeline of the application of the European Accessibility Act and its scope.

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