Latest Legal Developments in the UK

By Maria Anassutzi
1- ASA new online powers: e-commerce businesses and social media sites have six months to get ready!

The Advertising Standards Authority (ASA), the UK's independent advertising regulator, adjudicates on complaints about advertising made under the new Advertising Codes, in force since 01 September 2010.

ASA's current remit does not include regulation of general website and social media content but only paid-for online advertising and sales promotions.

From 01 March 2011, ASA will be able to regulate and intervene in relation to:

1) advertisers' own marketing communications on their websites, to ensure that their standard is as high as in newspapers and TV; and
2) marketing communications in non paid-for space under their control such as social networking sites like Facebook and Twitter to ensure that the principles of misleading advertising, consumer protection, protection of children and similar are implemented across all sectors and all businesses and organizations, regardless of size. ASA intervention powers will not apply to journalistic and editorial content and marketing related to ideas unless they solicit or encourage fundraising donations.

ASA will be undertaking an ongoing, quarterly review of the extended remit with the intention of carrying out a comprehensive review of its new powers towards to mid of 2013.

In addition to its current sanctions, from 1 March 2011 ASA will be able to impose the following sanctions:

1) to request, with the agreement of search engines, the removal of paid-for links to pages hosting a banned advertisement; and
2) to name and shame a non complying advertiser by placing its own adverts online highlighting continued refusal to comply with a ruling.

2- Equality Act 2010

The Government Equalities Office (GEO) has published a list of the provisions of the Equality Act 2010 that will come into force on 1 October 2010. The provisions in the Equality Act 2010 aim at updating, simplifying and strengthening current legislation in all areas including discrimination. The provisions in the Equality Act will come into force at different times to allow time for the people and organisations affected by the new laws to get ready, although the "vast majority" of the Equality Act 2010 provisions will come into force on this date.

3- A quick reminder of the importance of performing an intellectual property audit

Nearly all businesses have some form of Intellectual Property that is valuable and contributes to their success and profits.

By carrying out an IP audit you will obtain a systematic review of the intellectual property created, owned, used or acquired by your business.

There are essentially two types of IP audits: a preliminary audit and a comprehensive audit.

Remember that, when undertaking an audit, a number of issues must be addressed, including identifying your intellectual property and understanding the ownership and licensing arrangements you have in place. This will enable you to make an assessment of the type of intellectual property education your employees require.

IP Audits should be undertaken regularly as a part of general intellectual property management, a precursor to an acquisition, in preparation for a joint venture and in order to defend intellectual property infringement.

By carrying out an IP Audit, you look closely at your business to:

I. Identify where IP is used;
II. Find out who owns the IP rights; and
III. Assess the value of the IP.

This will not always be easy. Remember that, IP exists not only in patents, trademarks or designs rights you have registered. Valuable IP may be in trade secrets, in software, written material, domain names and customer databases.

An IP Audit should raise and answer the following questions:

a) Is my intellectual property protected?
b) Am I infringing anybody else's intellectual property rights?
c) Am I fully exploiting my intellectual property?

As stated before, an IP Audit is the first step of a correct IP Management and subsequent exploitation:

After an IP Audit is concluded, using the logbook (report) you created during an IP Audit, will help you to manage your IP. You can record in it all research, notes, designs and meetings related to your ideas in a dated, tamper-proof manner, with witness signatures where appropriate. This can serve as a powerful tool, helping you identify and protect your Intellectual Property later on, if you need to prove that, it was you who created the relevant IP.

For a free self-assessment form please email maria@anassutzi.com.
This article is for general purposes and guidance only and does not constitute legal or professional advice.
Copyright 2010 Anassutzi & Co Limited. All rights reserved. Information may be shared or reproduced only if accompanied by the author's name and bio.

Dr Maria Anassutzi Intellectual Property Expert has founded Anassutzi & Co limited. Anassutzi & Co limited which offers high quality specialist intellectual property, information technology and commercial contracts advice tailored to each of our clients business, having previously held a number of senior positions including being partner and head of IP/IT in London. Maria speaks fluently Greek, Italian and has basic knowledge of the French language.

Maria is a seasoned multi-jurisdictional lawyer with vast experience in general corporate commercial law, specialising in intellectual property, information technology, e-commerce and outsourcing and having extensive in-house legal experience and having worked in City law firms and multinational companies.