Data processing agreements

Mobile and Web based applications are improving businesses through smart use of technology systems to maximise product and/or service delivery. Data processing agreements legal advice has to be as smart to add value to businesses. Today possibly all information technology or businesses that use technology require data processing agreements legal advice. Applications must also interface and work with various internet services. This means back-end services. It also means data processing agreements.

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Online fashion industry

The online fashion industry is an area of specialisation at our firm and the purpose of this article is to provide a few relevant contractual starting points for fashion entrepreneurs, that they might chose to get further advice on, to set them apart from the rest.

When setting up a business in the fashion industry, there are a variety of legal challenges many businesses could inevitably face. As the fashion industry covers a broad spectrum of organisations, from online retailers to modelling agencies and everything in-between, the issues that may arise will vary depending on the type of establishment. We have come across all of these issues first hand, and we will cover some of the most common in this brief guide.

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Photographs

Photographs are a very important part of the digital world. Electronic photographs are included in the definition of photographs in s 4(2) of the Copyright Designs and Patents Act 1988 (the “Act”). At PAIL® Solicitors we are proud to say that we work with a group of crazy creatives, who can budget for our services, which includes photographers. We want to share some tips with photographers out there for a minute. You love photographs, and you want to be this amazing photographer who works for yourself, or to partner with a graphic designer, and/or writer to create a design and consulting creative agency, or some other kind of service.

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Fashion show

This is a fashion show lawyer’s guide to setting up a successful fashion show. The fashion show should be an essential part of any fashion retailers brand building strategy. It builds consumer awareness of their brand and helps to sell clothes. Fashion entrepreneurs setting up online fashion retail brands ought to consider putting on an entertaining and theatrical presentation of their clothes or/and accessories on live models. Nothing else can compete with real models showcasing clothes on a catwalk as opposed to mannequins or images on a website.

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Parallel Importer

Parallel importer – the European Pharma Case. It’s been a long time coming, but I’ve finally got round to reviewing this important appeal judgment for parallel importers. I had actually prepared the notes for this article at the beginning of March 2015, however being gratefully inundated with work, I’ve only found the time, on a Saturday in April to finish the job. So here goes! The judgment this article reviews is in the case of – Speciality European Pharma Ltd Claimant/Respondent v. (1) Doncaster Pharmaceutical Comp Ltd (2) Madaus GMBH Defendant/Respondent – Appeal Judgment 06/02/2015. The case concerns the free movement of goods and services within the European Union (EU) and the potential of brand owners to use trade mark law to prohibit imports.

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Starting up an online fashion retail business

Make sure you know the exact target market for your product. This is a priority because it will shape your branding and visual aesthetics. It will assist you in any marketing campaigns or promotions tactics you employ to boost sales. You should take legal advice for any promotion or marketing campaign. If it includes a digital aspect you should ensure that the lawyer you use has some specialisation in digital.

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Copyright infringement on You Tube

The first rule about copyright infringement on You Tube is that copyright infringement on You Tube is not like copyright infringement on other platforms. You Tube has it’s own application of copyright laws. We often get asked by production studios to write contracts for consultants, contractors, clients and so on. These consultants monetise digital channels on You Tube with original content that has been created by the studio for a TV series, or other media channel.

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Making trade mark infringement cases

Making trade mark infringement cases should always start with a letter, then the follow up formal document in the appropriate legal format setting out the causes of action are crucial and should not be attempted lightly. This formal document making trade mark infringement cases is called a pleading.

There are different styles and methods of preparing these pleadings. Once the substance has been covered then differences are mainly down to style. In the recent case of Enterprise v Europcar incidentally addressed the subject of how pleadings are prepared when making trade mark infringement cases.

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What is actually copyrightable?

What is actually copyrightable? In a recent IPEC case the issue of what is actually copyrightable arose. Most copyright cases are mostly consumed with what is actually copyrightable? Only about four of the first few reported intellectual property cases of 2015 have caught my attention enough to be worth a quick article review, McCormack Trading v. Goldmark Trading is definitely one of them.

SO WHAT IS ACTUALLY COPYRIGHTABLE? Judgment was handed down by His Honour Judge Hacon on the 22 January 2015. The judgment is worthy of note for the specific reason that the firm gets a lot of copyright related enquiries from authors/owners of – books, TV commission proposals, film scripts, websites and mobile apps to name a few. Naturally I explain that only certain works are capable of copyright protection and there are other hurdles including original authorship to get over. What McCormack does is to give an actual recent working example of how copyright works in practice.

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Handling VAT collection for digital businesses

Handling VAT collection for digital businesses changed as of 01 January 2015.

As from the 01 January 2015 handling vat collection for digital businesses will change. The rules for taxing the supply of telecommunications, broadcasting and electronically supplied services to consumers (TBES) will change. The “place of supply” for VAT purposes used to be the jurisdiction in which the supplier business was established, usually resides or belongs. From tomorrow, VAT will now be due and collected on digital goods and services in the member state in which the consumer resides.

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