Current Legal Updates 2019

Please browse our current UK and European legal updates on a range of legal topics. To view a particular topic, click on the relevant link below:

Pharmaceuticals - Suspected anti - competivcie Agreements - May 2019

On 23 May 2019, the Competition and Markets Authority (‘CMA’) issued a statement of objections alleging that Focus Pharmaceuticals, Medreich, Alliance Pharmaceuticals and Lexon breached UK and EU competition law by allegedly entering into anti-competitive agreements in relation to the supply of a prescription-only drug called Prochlorperazine 3mg dissolvable or buccal tablets (‘Buccal’) in the UK. Buccal is used to treat nausea and dizziness.

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Intellectual Property: Design and Trade Mark Law changes- no deal Brexit Guidance - April 2019

The Intellectual Property Office (IPO) recently issued guidance on changes to registered design, design rights and international design and European Union Trade Marks (‘EUTM’) if the UK leaves the EU without a deal in place (‘Guidance’).

The Guidance covers the jurisdictions of England; Northern Ireland; Scotland and Wales. All changes will take effect at the time that the UK ceases to be a Member State of the European Union.

Changes

Introduction of The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019
UK businesses will have to obtain registered design protection in the remaining 27 Member States of the EU through an application to the EUIPO.
Businesses from the EU and worldwide will have to apply for a UK registered design through the IPO.
UK to create re-registered UK designs at no cost to the RCD holder.
The number allocated to the re-registered design will consist of the full RCD number prefixed with the digit ‘9’.
If you hold a pending RCD application on exit day, you will be able to apply for a UK registered design. You will be able to claim the earlier filing date and any priority date of the corresponding RCD application.
As a re-registered design holder you may opt out in limited circumstances.
Changes to renewals of design registrations and re-registered designs.
Creation of UK Supplementary Unregistered Designs..
The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2018, maintain the existing approach by setting out that the question of whether a product has been lawfully placed into free circulation will be assessed in relation to the same geographical area i.e. the EEA together with the UK.
After exit, qualification for the design right will be limited to persons resident in, and business formed under the laws of the UK or a qualifying country.
Creation of the re-registered international design at no cost to the registered international design holder.

Under the new law, an international registration that is deferred on exit day will be treated as being equivalent to a pending application.

Creation of the comparable UK trade mark (IR) at no cost to the holder.

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Manufactured Goods - March 2019

Placing manufactured goods on the EU and UK internal markets-no deal Brexit guidance, March 2019

On 19 March 2019, the Department for Business, Energy and Industrial Strategy (BEIS)
published guidance for businesses placing manufactured goods on the EU and UK internal markets. The focus is on placing manufactured goods on the EU internal market if there's no deal and placing manufactured goods on the UK market if there's no Brexit deal.

Major changes

Businesses will be able to place goods on the UK market using either the CE or the new UK conformity marking (“UKCA mark”) for a limited time after 29 March 2019.
Change of status from distributor to importer after EU Exit.
Transitional Period: There will be an 18-month transitional period from 29 March 2019 allowing importers importing goods from the EU or EEA to provide their details on the accompanying documentation rather than on the product label.
New authorised representative must be based in the UK.
After 29 March 2019 the mutual recognition principle will not apply to non-harmonised goods placed on the UK market.
If you are a non-UK business exporting non-harmonised goods to the UK after 29 March 2019 you will need to make sure that the goods meet UK national requirements, regardless of whether they were previously lawfully marketed in another EU country or in the UK.

What you will need to do after EU Exit will depend on whether your goods are:

Regulated under the new approach
Regulated under the old approach
Non-harmonised goods subject to national regulation

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Food Safety

Food Safety: Guidance on Food Traceability, Withdrawals and Recalls within the UK Food Industry, March 2019

On 12 March 2019, the Food Standards Agency (“FSA”) published new Guidance intended for food business operators (“FBOs”) and UK food enforcement authorities in connection with withdrawing or recalling unsafe food. This guidance sets out the legal requirements of Regulation (EC) No.178/2002 and associated food legislation. The guidance also includes best practice. More

Civil Procedure