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Lucasfilm did not benefit in any way at Tyburn Film Productions Ltd's expense, counsel said to the appeals court there on 3 December 2025, in part because it already possessed rights over Cushing's likeness and an agreement and consent from the Cushing estate to 'resurrect' him as Grand Moff Tarkin. Tyburn contends it earlier made an agreement with the late actor then, at the time, granting the company a veto over any use of his image prior to his 1994 death. That contract concerns a TV series titled 'Heritage of Horror', which never aired. Tyburn further asserts the deal permits it to effectively 'resurrect' Cushing using stand-ins and CGI to ultimately finish the programme then if the actor were to die whilst filming remained in progress...
Irish telecom operator Eircom’s damages lawsuit against BT Group over a public-sector contract must be carefully managed to trial to deal with confidentiality issues and other matters, a UK judge told the parties today. At the High Court in London today, a judge said Eircom’s damages action against BT over a public-sector contract needs tight case management through to trial to address confidentiality and related concerns. Eircom brought the claim after Ofcom in 2020 penalised BT for its behaviour during a tender. Speaking to both sides, Judge Adam Johnson urged them to resolve any confidentiality flashpoints themselves and signalled he had no wish to step in unless it became unavoidable. He also expressed confidence that parties would do everything possible to keep confidential designations to a minimum, noting this was necessary to maintain control over the conduct of the trial. He framed this as the
The following document is attached: Commission Implementing Regulation (EU) 2026/274 dated 5 February 2026, revising Implementing Regulation (EU) 2025/1981, establishing a final anti-dumping levy on imports of ceramic tableware and kitchenware produced in...
Justice Richard Arnold granted AstraZeneca leave to appeal and permitted lorries carrying about 175,000 packs of Glenmark’s generics to move on to wholesalers, provided they did not reach pharmacy shelves while the case continued at any point during those interim proceedings. In this way, Glenmark could keep its first-to-market advantage, while causing only minimal detriment to AstraZeneca should the Court of Appeal later be persuaded to issue an injunction against supply. The judge said this approach maintained the status quo with the least possible prejudice to Glenmark’s position overall. The hearing was arranged at short notice, just days after the High Court refused AstraZeneca an injunction to block the diabetes generic from sale while the court considered whether the patents supporting the branded medicine were valid in law. Glenmark, Generics (UK) Ltd and Teva Pharmaceuticals have each begun proceedings in the UK to set...
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On 18 December 2023, the EMA and HMA unveiled their 2023–2028 Multi‑ Annual AI Workplan. Designed to support the European Medicines Regulatory Network ( EMRN) — a co‑ordinated network of national competent authorities across EEA Member States working with the EMA and the European Commission — the plan encourages adoption of AI for internal regulatory activities and outlines a proposed pathway for regulatory evolution to capture AI’s promise in the medical field. Anticipated gains include higher productivity, automation of repetitive, time‑intensive tasks, and capacity to absorb and utilise far larger data sets in decision‑making. The Workplan Acknowledging that health regulators, like the regulated sector, are progressively deploying and building AI‑enabled tools, the Workplan presents a collaborative, co‑ordinated strategy for the coming five years to realise AI’s benefits in medicines regulation, while deliberately identifying and managing the attendant risks. Developed under the guidance of the HMA‑ EMA Big Data...
What are the priorities of the presidency regarding EU fundamentals? The Presidency aims to swiftly conclude the association agreements between the EU and Andorra and San Marino. It will also place strong emphasis on the Union’s readiness to absorb new members, while deepening consideration of the internal reforms needed to secure a successful enlargement in future. What are the priorities of the presidency regarding commercial initiatives? On product policy, the Belgian presidency will progress revisions to the Toy Safety Directive ( TSD) and finalise the Regulation that outlaws products made with forced labour. On consumer protection, it will conclude the Directive establishing common rules that promote the repair of goods, and keep advancing work on the proposed Green Claims Directive. The presidency will likewise make sure momentum continues on revising the Alternative Dispute Resolution Directive. Finally, it will pursue the update of the Late Payments...
The European Central Bank ( ECB) will undertake a cyber resilience stress assessment involving 109 banks under its direct supervision, with the main findings scheduled to be communicated in summer 2024. The exercise evaluates how banks respond to and recover from a cyberattack, rather than their ability to prevent one. This predominantly qualitative exercise will not have an impact on capital through......
The presidency programme for the Belgian presidency of the Council of the EU Programme has now been unveiled, outlining its priorities and overarching direction for 1 January–30 June 2024 under the presidency motto ‘protect, strengthen, prepare’ and six......
Myforest Foods Co v European Union Intellectual Property Office Case T-107/23 What are the practical implications of this case? Although the ruling does not chart new territory, it again underscores that a mark may mislead the relevant public even if some consumers would not be deceived. It further confirms that, for food products aimed at people with dietary preferences or restrictions—such as vegans and vegetarians (and potentially gluten-free, etc)—the relevant public remains the general public. As a result, vegan meat alternatives are evaluated in the same way as any other fast-moving supermarket goods. This calls for careful brand development for vegan and meat substitute ranges: where a mark includes an element (for instance, bacon) implying the very item being replaced, it risks being deceptive unless it is paired with a suitable qualifier or a clear means of distancing itself from that...
Joint industry statement on the EU AI Act On 27 November 2023, in Brussels, we—the signatory associations, representing European and international companies within the information technology sector—have been monitoring progress and developments in the inter-institutional Trilogue negotiations on the EU Artificial Intelligence Act. As these negotiations move towards finalising the Act, we wish to voice our concerns about the trajectory of the current proposals to regulate General Purpose AI ( GPAI) systems and AI foundation models, which contain divergent and ambiguous scopes and definitions. These proposals fail to recognise the complexity of the AI value chain and are misaligned with the AI Act’s technology-neutral, risk-based approach, which governs the use of AI systems according to risk, not the types as they stand now......
TMT analysis: This seminal judgment found a politician had overreached his freedom of expression by not immediately removing unlawful comments published on his account, and at the same time it also affirmed his criminal conviction......
Meta Platforms Inc (formerly Facebook Inc) and other companies v Bundeskartellamt ECLI- EU- C-2023-537 What are the practical implications of this case? This Court of Justice ruling signals a shift in competition enforcement, centring on data-gathering practices that may weaken competition. It recognises that control over personal data is now a key competitive parameter in the digital economy, and that compliance with data protection rules helps to prevent abuse of dominance. Consequently, dominant online platforms that accumulate extensive data for personalised advertising, both on and off their services, can expect their processing to be examined by multiple regulators. The Court’s narrow reading of contractual ‘necessity’, and of Meta’s claimed legitimate interests in processing Facebook users’ data, mirrors the enforcement taken against Meta by the Irish Data Protection Authority in December 2022 (see LNB News 04/01/2023 27). It likewise aligns with obligations for firms in strong market...
ETIAS will soon mean that visa-exempt travellers can no longer rely on entirely paperwork-free, administratively unburdened short stays in the EU using only a valid passport. Although it aims to operate with maximum smoothness, ETIAS could put a spanner in the works for day-to-day corporate activity across sectors, disrupting company initiatives and their staff’s business trips. To prevent this, and to help travellers and organisations alike adjust their routines and policies to this shift, it is prudent to confront key, practical questions— What is ETIAS? Who will be impacted? Why might an ETIAS request be rejected, and how should businesses get ready? What is ETIAS? ETIAS has been years in development across the bloc and within EU institutions. The initial seed of the concept, in its earliest guise, dates to 2008 as proposals on modernising the EU’s border management system began to surface. At the same time, the...
The EU Data Act The EU Data Act seeks to hand people using Internet‑connected products, from fridges to smartphones, greater control over the information they generate. EU lawmakers approved it in June 2023 after fraught negotiations centred on safeguarding trade secrets, and it is slated for formal adoption before the close of 2023. Negotiators aimed to balance wider data access with protection of trade secrets. A study financed by the Computer and Communications Industry Association, a technology lobby, argues the package will significantly, even dramatically, reshape the landscape for digital commerce in Europe and further afield. It foresees substantial consequences for leading US digital service providers that the European Union has designated as “gatekeepers”—large platforms expected to comply with regulatory duties—as well as for these firms’ hundreds of millions of trans‑ Atlantic European business and individual customers. From the EU’s General Data Protection...
The video-sharing platform, owned by the Chinese tech company Byte Dance, counts as one of 17 VLOPs under the landmark content moderation regulation, so it falls under tougher obligations and oversight by the Commission as a result. Bing from Microsoft and Google Search from Alphabet are likewise formally labelled as VLOPs. The Commission assigned that status in April 2023. Tik Tok must comply by 28 August 2023. Tik Tok stated that users aged 13–17 will no longer receive personalised adverts derived from their activity on or beyond Tik Tok. This update applies to users in the EEA, namely the EU alongside Iceland, Liechtenstein......
On 1 June 2023, the European Commission released a refreshed HCG to give clearer guidance to rivals seeking to collaborate, including areas not covered by the 2012 HCG. A new strand targets the telecommunications sector and examines network sharing agreements ( NSAs). This analysis outlines the core points of the update and its implications for the telecommunications industry. Types of cooperation covered by the new guidance Cooperation between competitors is central to the telecommunications industry, as operators rely on one another to secure seamless connectivity between networks and often work together to extend coverage and raise service quality. NSAs are among the most common collaboration models in mobile telecommunications. They typically entail the joint deployment and sharing of mobile network infrastructure and, at times, frequency bands between mobile network operators ( MNOs). NSAs range from simpler cooperation, such as sharing passive network...
Berlin’s Data Protection Authority ( DPA) has imposed a €300,000 penalty on a Berlin-based bank for three breaches of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679......
The European Securities and Markets Authority ( ESMA) has released a public notice tackling investor protection issues stemming from derivatives linked to fractional shares. It clearly underscores that such derivatives are not company shares, and, as a result, firms ought not to employ......
IP analysis: Emily Roberts and Harry Jewson at Burges Salmon LLP examine the Court of Justice’s ruling whether marketplace operators such as Amazon bear responsibility for counterfeit goods offered by sellers through their site......
The European Union Agency for the Cooperation of Energy Regulators ( ACER), together with the National Regulatory Authorities ( NRAs) of Austria, Germany and the Netherlands, are collaborating to strengthen their oversight, under the......
RTL Television GMBH v Grupo Pestana SGPS SA ECLI- EU- C-2022-643 What are the practical implications of this case? This ruling clarifies the breadth of the cable retransmission right within the Sat Cab Directive and underlines the narrow situations in which broadcasters in Member States may contest the satellite distribution of television or radio programmes. Even where a retransmission of TV or radio output satisfies the technical features in Article 1(3) of Directive 93/83/ EEC (the Sat Cab Directive) and lacks the broadcasting organisation’s authorisation, the broadcaster must, before commencing proceedings, determine whether the retransmitter qualifies as an operator of a traditional cable network. If that party is not a cable operator, broadcasters cannot invoke the cable retransmission right under the Sat Cab Directive. They may, however, still rely on copyright or neighbouring rights, or on any separate cable transmission rights afforded by national...
Safarov v Azerbaijan 885/12 What are the practical implications of this case? In its ruling, the ECt HR held that where domestic courts fail to secure effective protection of intellectual property, there is a breach of human rights—specifically, the right to the peaceful enjoyment of possessions under Article 1 of Protocol No 1 to the ECHR. As to the damages claim grounded in IP rights, the outcome amounts to little more than a Pyrrhic success for the applicant, since the Court granted only a small slice of the sum he had initially sought. Nevertheless, the judgment underscores that copyright violations constitute a deprivation of property and therefore engage human rights. It foregrounds the European human rights architecture for IP and demonstrates the weight IP holds within it. The ECt HR also clarified that states must adopt appropriate steps to safeguard IP even in...
The pioneering role of the gaming industry Virtual goods and digital assets now originate, are bought and exchanged entirely online. They commonly mirror real-world products and services—virtually any item or offering found offline can be conceived in a digital guise. Unlike physical counterparts, however, a virtual item can be upgraded, altered and enriched with fresh functionality. Within gaming, such goods have long appeared as in‑game items: skins, outfits, accessories, gear and weapons for avatars. With blockchain, these assets can be made unique and their allocation or ownership recorded transparently, preventing double sales, enabling trading beyond a single game’s closed economy, and streamlining monetisation by tracking royalties on secondary transactions. Studios are already committing serious resources to tokenised assets. In up‑and‑coming worlds like Decentraland and The Sandbox, players can purchase, sell and develop parcels of virtual land with digital buildings. Ubisoft is rolling out NFTs in its...
The EU plans to reinforce its cybersecurity regime through a second Network and Information Security Directive ( NIS2) (see: LNB News 03/12/2021 49). Alongside this, the UK’s Department for Digital, Culture, Media & Sport ( DCMS) is consulting on legislative updates intended to bolster the UK’s cyber resilience (see: LNB News 21/06/2022 41). What are the key changes proposed by the EU for NIS2? The current Network and Information Systems Directive, Directive ( EU) 2016/1148 ( NIS1), applied in the EU (including the UK) from May 2018. NIS1 focuses on boosting resilience and raising cybersecurity standards for organisations delivering essential services across sectors (for example, energy), and also oversees certain digital service providers, though to a lesser extent. Within the EU, NIS2 will supersede NIS1. The Council of the EU has released a press statement outlining the principal changes put forward by NIS2, as...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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