This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.

The National Health Service (NHS) England and Wales have a publicly funded health system. The Department of Health and Social Care (DHSC) controls the provision, and the government pays for it from tax and National Insurance collected centrally. The health care is free to residents of England and Wales. Some charges are levied in politically less sensitive areas such as dentistry and eye care. The National Health Service Act 2006 (NHSA 2006) consolidates previous legislation relating to the NHS and the provision of healthcare. The provisions of NHSA 2006 primarily apply in England. The NHS has undergone significant operational reform in the last two decades. In particular, the Health and Social Care Act 2012 (HSCA 2012) came into force in April 2013 and brought major reforms to the NHS. The Health and Care Act 2022 (HCA 2022) then saw the introduction of further wide-ranging changes. The structure of the NHS in England The below provides an outline of the structure of the NHS in England,

Banking & Finance analysis: This News Analysis provides a summary of the cases we have alerted in LexisPSL Banking & Finance for February 2023.

ARCHIVED: This Practice Note has been archived and is not maintained. For more information, see subtopic: New and updated content in Practice Compliance. This Practice Note tells you, on a month-by-month basis, whether we have amended existing content or published new content in Practice Compliance. This content may have been added or amended to reflect regulatory changes or as part of our ongoing content development. December 2020 New or updated? Content Reason New Precedent: Privacy impact assessment Content development New Practice Note: How to manage sanctions compliance—law firms Content development Updated Practice Notes:—Understanding and improving gender and other pay gaps—Gender pay gap reporting Updated to reflect latest government guidance on gender pay gaps published in December 2020. Updated Precedents:—Privacy policy—general commercial organisation—customer-facing—Privacy policy—law firms and professional services Updated to reflect the impact of Brexit and the introduction of the UK GDPR. Particularly on sections on international data transfers and appointing a representative. Updated Practice Notes:—Coronavirus (COVID-19)—employment data protection issues [Archived] Updated to reflect

Clinical Negligence Claims Agreement 2024: The Clinical Negligence Claims Agreement 2024 supersedes the COVID-19 Clinical Negligence Protocol (2020) (last updated in June 2021) which was initially created as an emergency measure to adapt clinical negligence claims handling and litigation processes during the coronavirus (COVID-19) pandemic. The 2024 Agreement builds on the previous Protocol with various practices now adopted into everyday claims management. The Agreement is not contractually binding but places an emphasis on collaborative working between the parties. Introduction This Practice Note provides an overview of the claims procedure in clinical negligence cases following service of the initial statements of case. It is limited to claims allocated to the multi-track. General principles of personal injury law apply, but practitioners must also be aware of the specific considerations applicable to clinical negligence claims. Practitioners should be familiar with the Pre-Action Protocol for the Resolution of Clinical Disputes. See Practice Note: The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwards. Clinical negligence litigation can be complex and lengthy. The court must actively

This Practice Note provides details of the annual employment tribunal (ET) and Employment Appeal Tribunal (EAT) statistics published by the Ministry of Justice (MOJ). It also includes links to quarterly ET statistics reports. Background The annual employment tribunal and EAT statistics are of interest to employment lawyers for assessing: • any discernible trends in employment litigation • the potential impact of the HMCTS Reform Employment Tribunal Project—see Practice Note: Employment tribunal case management—Employment tribunal reforms • the continuing impact, if any, or the legacy of the coronavirus (COVID-19) pandemic • compensation that might be awarded to successful claimants in different case types, albeit with the need to take into account that: ◦ compensation is highly dependent on the facts and circumstances of each individual case, so compensation awarded in one case does not reflect what would necessarily be awarded in another ◦ the annual statistics do not take into account amounts of compensation agreed between parties in confidential settlements Historically, the MOJ has published: • employment tribunal and EAT statistics on a quarterly

A hybrid meeting is a shareholder meeting format offering simultaneous physical and remote electronic participation. In recent years, there has been a growing interest in the holding of hybrid general meetings and annual general meetings (AGMs). This trend was initially driven by advances in remote communication technology and was then significantly furthered by necessity during the coronavirus (COVID-19) pandemic due to restrictions on gatherings. Many companies now offer their members the ability to attend meetings via some form of remote communication technology. There is also interest in holding entirely virtual meetings (where shareholders can only attend and vote using an online platform) However, now that we are a few years on from the COVID-19 pandemic, popular opinion has generally steered away from companies holding virtual meetings due to some institutional investor concern about a meeting structure which does not offer a physical option (other than in times of emergency and/or when governmental guidelines require such a format). Reasons for this include the perceived importance of members being able to question management

This Practice Note provides a brief summary of the retail operating landscape and highlights some of the key legal and practical issues facing office-holders appointed over a retail business. It also reviews some considerations for different restructuring options, including ‘light touch’ administrations, company voluntary arrangements, and restructuring plans under Part 26A of the Companies Act 2006. In this Practice Note, the assumption is made that any meaningful retail insolvency will occur through an administration process. A liquidation will essentially result in a close down, with limited or no trading activity, although some of the points below will nonetheless be relevant to a liquidation and so should be considered when deliberating appropriate strategies. Overview of the retail insolvency landscape Analysis of Companies House accounts, conducted by FRP in December 2024, showed more than 13,000 retail businesses across the UK showing signs of financial distress. This reflects what has been a period of challenging operating conditions for retailers, exacerbated by, but long preceding, the onset of the coronavirus (COVID-19) pandemic. Recent years have seen

Aggregation—background Aggregation remains a major issue in the settlement of insurance and reinsurance claims leading to a number of disputes across the market. Claims managers, arbitrators and even appellate judges appear to take differing views as to what particular policy wordings are intending to achieve in an aggregation clause. A spate of judicial decisions on the common aggregation wordings in the late 1990s and early 2000s was followed by a quieter period. The last of the litigation arising from the 9/11 tragedy coupled with a spate of solicitors’ and medical negligence claims provided some insight into the modern approach to aggregation. More recently, the wealth of insurance litigation arising out of the coronavirus (COVID-19) pandemic (mostly concerning business interruption losses) has provided an opportunity for the courts to review the relevant principles. What are aggregation clauses? An aggregation clause is a common feature of insurance and reinsurance contracts, which enables two or more separate losses covered by the policy to be treated as a single loss (aggregated) for the purposes of the excess

Clinical Negligence Claims Agreement 2024 The Clinical Negligence Claims Agreement 2024 supersedes the COVID-19 Clinical Negligence Protocol (2020) (last updated in June 2021) which was initially created as an emergency measure to adapt clinical negligence claims handling and litigation processes during the coronavirus (COVID-19) pandemic. The 2024 agreement builds on the previous Protocol with various practices now adopted into everyday claims management. The agreement is not contractually binding but places an emphasis on collaborative working between the parties. The agreement can be found here: Clinical Negligence Claims Agreement 2024. The claimant is required to request an extension in accordance with the provisions of this agreement in advance of the primary limitation period expiring. In respect of claims where NHSR is the indemnifying organisation and has not yet been notified of the claim, the written notification should be sent to nhsr.limitationnotification@nhs.net. Separate provisions apply, including in respect of limitation, for those not party to or able to benefit from the agreement. For further guidance, see Practice Note: Extending the limitation period in clinical negligence

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note tracks the progress of the European Commission’s proposal for a revision of Regulation (EU) 910/2014 (OJ L 257/73), the EU eIDAS Regulation to establish a framework for a European Digital Identity. The EU eIDAS Regulation which was adopted in 2014 repealed the preceding Directive 1999/93/EC, also known as the EU e-Signature Directive. Regulation (EU) 2024/1183, the European Digital Identity Framework, was published in the Official Journal of the EU on 30 April 2024 and came into force on 20 May 2024. The new framework is expected to simplify access to online services; increase user trust and confidence in digital interactions; boost the digital economy by fostering innovation and competition; and reduce risk of identity theft and fraud. The European Digital Identity Framework comprises transitional measures applicable until 21 May 2026 and 21 May 2027. Background Although the use of basic electronic signatures is relatively commonplace in the EU and the UK, the picture is different for digital and other more advanced forms of electronic signatures, even if these became more popular to overcome the practicalities of document signing during the coronavirus (COVID

This Practice Note provides guidance on remote and hybrid hearings, via video-conference and telephone, in the Family Court. It considers what a remote or hybrid hearing is, when a hearing may be conducted remotely and the electronic platforms that are available for remote hearings. The remote participation guidance for the Civil and Family courts and tribunal jurisdictions is also set out, published in June 2026, following the cross-jurisdictional Remote Participation Review. Relevant provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 are also set out, together with judicial guidance and consultations on remote and hybrid hearings. The coronavirus (COVID-19) pandemic accelerated the planned move to greater use of technology, remote hearings and online document management in the Family Court. Audio and video technology has long played a part in the Family Court but reliance on this increased as a response to the pandemic. While some individual cases may lend themselves to remote hearings, in others remote hearings may not be appropriate. Guidance as to remote hearings in the Family Court developed