Talking Shop March 2023
Written By
Partner
UK
I'm the global head of our International Retail & Consumer sector group. As a partner in our international Commercial group in London, I work primarily with retail & consumer focussed businesses on their domestic and international growth and expansion strategies.
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Welcome to the March 2023 edition of Talking Shop.
In this edition you can find a Spotight on Sustainability, where we explore the rise in sustainable trade marks, the Australian regulators' approach to greenwashing, and new environmental labelling requirements in Italy. You can also find updates on consumer laws in Italy and Poland, the UK Windsor Framework, and much more, including information about a series of upcoming events in our Nordic offices.
Please get in touch or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.
In this newsletter:
- Spotlight on Sustainability
- Consumer Law
- Employment
- Intellectual Property
- Product Compliance
- News & Events
Spotlight on Sustainability
Global: Sustainable trade marks - the rise in green filings
Consumers appear to be moving towards sustainable trade marks. These are brands that can evidence that they are taking steps to tackle climate change by improving their business model to be more sustainable, or towards those that are developing new products, and innovating generally, to address future needs and trends.
Australia: Will it come out in the wash? Regulators continue their fight against greenwashing and misleading claims regarding ESG
The regulators in Australia are cognisant of the persuasiveness that green and sustainable claims have in influencing individuals to make purchasing or investment decisions. Regulators such as the Australian Competition and Consumer Commission and the Australian Securities and Investment Commission are monitoring the market and taking enforcement action against businesses that are making false or misleading ESG claims.
Italy: New environmental labelling - requirements applicable from 1st January 2023
Italian Legislative Decree No. 116 of 3 September 2020, implementing (EU) Directive 2018/851 on waste and EU Directive 2018/852 on packaging and packaging waste, amended Article 219, para 5, of the Italian Legislative Decree no. 152 of 3 April 2006, which provides for certain environmental labelling requirements and obligations for packaging. Our experts summarise the main conditions for the correct implementation of the labelling requirements by your company.
Consumer Law
Italy: New consumer protection rules arrive in Italy - the decree implementing the Omnibus Directive has been published
The Legislative Decree - which will definitively enter into force on 2 April 2023 - considerably expands the protection granted to consumers by introducing significant amendments and additions to Legislative Decree No. 206 of 6 September 2005.
Poland: Latest EU ruling and its impact on Polish Swiss franc loans
In a judgment of 12 January 2023 (Lithuanian case C-395/21), the CJEU explained what a trader’s obligations are when concluding a contract with a consumer where the financial consequences of the consumer’s commitment depend on future events that are unforeseeable and beyond the consumer’s control. The judgment is important for Polish consumers involved in disputes with banks over what are known as franking agreements (Swiss franc-denominated loans).
Employment
Global: Guide on confidential information, trade secrets and post-termination restrictions
Our international Employment team provides global employers with country-by-country guidance to understand the different legal frameworks that apply to confidential information, trade secrets and post-termination restrictions in the countries where they operate, as well as how best to protect themselves.
Germany: Trip to Paris Fashion Week - employees' free time and the employer's right to issue instructions
The forward player Serge Gnabry used his free time — between two Bundesliga matches — for a short trip to the French capital to visit the Paris Fashion Week. This choice of leisure time activities did not meet with much sympathy from his employer, so the question arises: To what extent is an employer allowed to interfere with the leisure time activities of their employees?
Intellectual Property
Singapore: Of luxury bags and soup cans - what if the Metabirkins case was fought in Singapore?
The highly anticipated verdict in the fight between Hermes and Mason Rothschild, the creator of a collection of “Metabirkins” NFTs, is in. On 7 February 2023, the jury determined that Rothschild’s use of Hermes’ BIRKIN mark in the title of his NFT collection was not entitled to be protected as free speech under the First Amendment, but instead constituted trademark infringement, trademark dilution and cybersquatting. The verdict has been widely billed as an affirmation that trademark rights in the real world can extend into the virtual world, but has also provoked fears of a chilling effect on creativity, especially for artists making forays into the digital realm. As it may be some time yet before a similar fight reaches Singapore's sunny shores, we examine two key themes in the case and how these could potentially be approached by the Singapore courts.
Product Compliance
UK: The Windsor Framework - one step closer to a single UK market
The UK Government and the EU Commission recently reached initial agreement, by way of the so-called ‘Windsor Framework’, regarding the potential future practical implementation of the Northern Ireland Protocol in a way that alleviates some of the challenges brought about by the dual regulatory regime. From a UK internal market perspective, the Windsor Framework suggests that products placed on the Northern Ireland market, and which are intended to stay within Northern Ireland (and the UK), will be freed of unnecessary paperwork, checks and duties, and that UK product compliance requirements (currently applicable to Great Britain) will also apply to products intended for the Northern Ireland market.
News & Events
What’s on the Horizon for the Retail & Consumer sector in the Nordics?
25 April (Copenhagen)
26 April (Helsinki)
27 April (Stockholm)
08:30 EET
At our exclusive in-person Nordic breakfast seminar moderated by Counsels Caroline Grotenfelt and Iina-Mari Supperi, our Nordic Retail & Consumer Group will explore some of the most topical themes within the sector, such as the legal implications of the D2C business model, sustainability requirements, security incidents in the sector, and the latest developments in NFTs and the metaverse.
The seminar will be held in each of our three Nordic locations: Copenhagen, Helsinki and Stockholm. Please choose the date and country that works best for you - the topics and speakers are identical in each location.
International Business-to-Consumer Webinar: Consumer Contracts
Wednesday 19 April, 16:00 BST
Webinar
We are delighted to invite you to the second in our International Business-to-Consumer series of webinars, covering the latest developments in consumer protection laws around the world. In particular, we will explore:
- The UK: The anticipated Consumer Rights Bill
- The EU: The impact of the Omnibus Directive in Europe; The proposed Directive for Better Protection Against Unfair Practices
- Australia: The Australia Treasury Laws Amendment (More Competition, Better Prices) Bill 2022
The Genesis Project: Introduction to Law for Start-Ups
Wednesday 12 April, 16:30 BST
London
We will take you on a whistle stop tour of the basic corporate, commercial, intellectual property and employment legal information needed for start-ups. The seminar will be delivered by leading experts in each specialism. The session will also include tips on how to get the best out of your lawyer.
The seminar will be followed by a workshop where you can ask questions and get our advice on how to tackle the legal issues you are facing.
