NIPC Law

  Jane Lambert Business and Property Courts of England and Wales, Intellectual Property List ( Mrs Justice Joanna Smith) Lidl Great Britain Limited and another v Tesco Stores Ltd and anothe r [2023] EWHC 1517 (Ch) (21 June 2023) In Trade Marks - Lidl v Tesco   which I posted to this blog on 1 May 2023 I discussed Mrs Justice Joanna Smith's judgment in ) Lidl Great Britain Limited and another v Tesco Stores Ltd and another [ 2023] EWHC 873 (Ch) (19 April 2023),  In that case Lidl Great Britain Ltd and Lidl Stiftung & Co KG ("Lidl") sued Tesco Stores Ltd and Tesco Plc ("Tesco") for copyright \and trade mark infringement and passing off. Tesco counterclaimed for cancellation of some of Lidl's marks,  By her judgment of 19 April 2023 the judge found for Lidl on its claim and Tesco on part of its counterclaim. Outstanding Issues The parties agreed that Tesco was entitled to an injunction to restrain trade mark infringement and passing off but Tesco objecte...

J ane Lambert Art 19 (1) of  Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure ("the trade secrets directive") requires each and every member state of the EU (including the UK for the time being) to  bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 9 June 2018.  Accordingly, Mr  Sam Gyimah MP, Minister of State at the Department for Business, Energy and Industrial Strategy, has signed The Trade Secrets (Enforcement, etc.) Regulations  SI 2018 No 597 ("the regulations") which will come into force on that day. Overview of the Regulations The regulations so not purport to transpose the whole directive into English law. The statutory instrument consists of 19 regulations most of which relate to time limits, court proc...