News for May, 2024

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May 31, 2024

Bloomsbury IP/IT Law Briefing May 2024

The May issue of the Bloomsbury IP/IT Law Briefing is now available for subscribers. 

This month’s IP/IT Law Briefing starts with the judgment of the Supreme Court in Lifestyle Equities CV & Anor v Ahmed & Anor [2024] UKSC 17, in which the Court reversed the Court of Appeal in a case concerning liability for trade mark infringement.

Following an expedited appeal, in Sandoz AG & Ors v Bayer Intellectual Property GmbH & Ors [2024] EWCA Civ 562, the Court of Appeal upheld a first instance finding that Bayer’s Swiss-claim patent for a once-daily dose of rivaroxaban for treating a thromboembolic disorder was invalid for lack of inventive step.

In the High Court, Mr Justice Mellor published his written judgment in the case concerning Dr Craig Wright’s claim to be Satoshi Nakamoto, the inventor of Bitcoin (Crypto Open Patent Alliance v Craig Steven Wright [2024] EWHC 1198 (Ch)). As the judge had stated following the conclusion of the trial, he found that Wright was not Satoshi based on ‘overwhelming’ evidence.

In Payone Gbmh v Logo [2024] EWHC 981 (KB), Mr Justice Saini considered the balance between free speech and the principle of open justice on one hand with the protection of confidential information on the other hand.

On the international front, World Intellectual Property Organization (WIPO) member states approved a new treaty on intellectual property, genetic resources and associated traditional knowledge, following a diplomatic conference in Geneva from May 13 to 24.

The Grand Chamber of the EU Court of Justice (CJEU) has held a hearing in a case that could transform patent litigation in Europe and beyond (Case C-339/22 BSH Hausgeräte).

Romania has ratified the Agreement on the Unified Patent Court (UPC) and several new UPC judges have been appointed.

Finally, the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) gave a rare judgment on a trade mark application that was contrary to accepted principles of morality.

May 30, 2024

May 2024 Issue of Discrimination Law Now Available

The May issue of Discrimination Law is now available for subscribers. 

New material has been added to the following sections:

Part 1 Unlawful Discrimination

Division 1C Prohibited Conduct

Chapter 8 Equality of Terms

This chapter has been updated to include details of the amendments to the Equality Act 2010 to preserve provisions that applied by virtue of decisions of the ECJ or CJEU in relation to Art 157 (or its predecessors). The chapter also now includes commentary on Barnard v Hampshire and Isle of Wight Fire and Rescue Authority [2024] EAT 12.

Part 4 Materials

Division 4A Statutes

The statutes in this division have been updated to reflect amendments made by the Employment Relations (Flexible Working) Act 2023.

Division 4B Statutory Instruments

The statutory instruments in this division have been updated to reflect amendments made by the:

  • Equality Act 2010 (Amendment) Regulations 2023, SI 2023/1425;
  • Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024, SI 2024/94; and
  • Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2024, SI 2024/366.

May 30, 2024

Mandatory Retirement Age Upheld for Sheriffs at 70 and Coroners at 72

Mallon v Minister for Justice [2024] IESC 20 (Supreme Court, Collins J, 15 May 2024)

The Supreme Court upheld the mandatory retirement age of 70 for sheriffs, affirming the High Court's decision that the age limit is justified under EU law. The court found that the aims of intergenerational fairness, workforce planning, and standardisation across the public service are legitimate and that the fixed retirement age is a proportionate means of achieving these aims. The court also held that the distinct treatment of coroners, who have a higher retirement age of 72, is based on rational and objective grounds, given the specialised nature of their role and the need to retain experience within the coroner system.

Mandatory retirement age – sheriffs – coroners – Supreme Court – High Court – EU law – Employment Equality Directive – proportionality – public service – intergenerational fairness – workforce planning – standardisation – specialised role – experience retention – rational basis – objective grounds.

May 29, 2024

Issue 86 of Termination of Employment Now Available

Issue 86 of Termination of Employment is now available for subscribers. 

Issue 86 contains the following revisions:

A1: Introduction

A2: Glossary

B2: Termination by the Employee

May 29, 2024

Appeal Dismissed as Court Upholds Conviction for Violent Disorder and Assault with Baseball Bat

Director of Public Prosecutions v Akinlade [2024] IECA 122 (Court of Appeal, Ní Raifeartaigh J, 14 March 2024)

Court of Appeal upheld the conviction of an individual previously found guilty in the Circuit Criminal Court of violent disorder, assault causing harm, and production of an article during a dispute, despite challenges regarding the legality of garda entry into a dwelling and the composition of a baseball bat used in the incident, on the grounds that the legality of the entry played a minor role at trial and did not result in injustice to the appellant. Further, the material of the baseball bat – whether metal or wood – was deemed irrelevant to the core issues of the case, as the appellant had acknowledged it as the bat used during the incident.

Court of Appeal – violent disorder – assault causing harm – production of an article – Criminal Justice (Public Order) Act 1994Non-Fatal Offences Against the Person Act 1997Firearms and Offensive Weapons Act 1990 – garda entry – dwelling – legality – self-defence – defence of property – baseball bat composition – Criminal Law Act 1997 – conviction affirmed – appeal dismissed – severity of sentence.

May 28, 2024

Personal Tax Planning (May 2024)

The latest update to our Personal Tax Planning content is now live for subscibers.

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