The tension between an individual’s right to privacy vs the collective right of the citizen body to security, have been ever present concerns in the social, political and legal sphere, particularly since 9/11. We might also characterise this tension as the obligation of the State to maintain the security of its citizens in a manner consistent with the rights expected …
The technology industries in Europe (and of course we legal technology vultures for whom these industries are our food) are waiting with interest to see how bold the European Commission’s proposals will be at setting the new European Digital Agenda. In all probability the answer is probably going to be “not very bold”, or even just “C minus: should have …
As our appetite for mobile data increases, mobile providers in Europe have been putting pressure on regulators to consider spectrum re-allocation in a number of frequencies, including 700 Mhz, sub 700 Mhz (470-694 Mhz), 1427-1518 Mhz (or “L Band”), and in the 3.4-3.6Ghz or (“C band”) frequencies. There was general consensus from the World Radio Conference 2015 (“WRC”) to support …
Introduction Restrictive covenants are clauses, which have the effect of preventing one party to a contract from doing something, which they would otherwise be perfectly entitled to do. In this blog, I am going to focus on the restrictive covenants known as “restraint of trade” clauses, which are typically inserted into employment contracts or contractor service agreements. Restraint of trade …
In “The Pit of Permanent Establishment – Part 4”, we look at the ultimate response to avoiding permanent establishment issues, which is to set up a local company in a new country. (See also articles “The Pit of Permanent Establishment – Part 1, Part 2 and Part 3). Setting up a local company in a new country is by far …
As lawyers, we often tell clients that trademark registration is important to protect good will in their business. After yesterday’s decision from the IP Enterprise Court, in the case of Caspian Pizza Ltd and others v Shah and another (2015) EWHC 3567 (IPEC), 9th December 2015, we should probably also now add “and do it quickly”. I could not resist …
Working with a Local Service Provider to Deliver Services in a New Country In the articles “The Pit of Permanent Establishment – Part 1”, we looked at how a business can accidentally create a permanent establishment in a new country by not obtaining the correct legal and tax advice. In “The Pit of Permanent Establishment – Part 2”, we looked …
The Local Distributor / Agent Model In “The Pit of Permanent Establishment – Part 1”, we looked at how a technology business could find itself creating a permanent establishment in a foreign jurisdiction by accident – just by starting to do business without obtaining appropriate tax and legal advice, and that this invariably resulted in adverse cost consequences for the …
We looked closely at the Chancellor’s 2015 UK Autumn Spending Statement this week to see how it might affect the technology industries here in the UK. It seems that up to £600 million of additional funds will be set aside to support the move to turn the 700 Mhz frequency spectrum over to wireless broadband in the UK. This follows …
When technology businesses have exhausted the market in the UK, the next logical step is to start exporting services. Exporting to EEA countries has its own challenges, including differences of language and sometimes also of culture, but exporting beyond the European Single Market may bring some more interesting additional legal and fiscal challenges, including the spectre of “permanent establishment”. A …