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STACC SUMMER NEWSLETTER

16 July 2016
As many of you will be aware St Andrew's Clinics for Children is a charity close to my heart and on whose board I am honoured to serve.  This is our silver jubilee year and so we would particularly welcome donations this year from any of our friends who would like to do something special for us.  I am copying our summer newsletter below so that you can see how we are using our donors' generous gifts to support healthcare for children in sub Saharan Africa. Readers in those African countries w...
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Beyond Champagne - Part 2

23 April 2016
It is important to recognise that the EU is not unique in providing protection for traditional products in this way and indeed TRIPS requires each member of the WTO to have in place a system for protecting products where their qualities, reputation or characteristics are essentially attributable to their geographic origin.  Although the US has introduced special protection for a handful of products including Idaho potatoes and Tennessee whiskey it does not have a general programme in place and...
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Beyond Champagne - European traditional foods in the face of TTIP part 1

23 April 2016
I wrote the following piece at the request of an US lawyer in an attempt to explain the concerns of some European farmers and food manufacturers to the proposed trans Atlantic trade treaty   The TransAtlantic Trade and Investment Partnership negotiations have raised concerns amongst some food and drink producers in Europe as to the extent it will undermine the current European labelling regime that is intended to protect products associated with particular geographical regions. The current r...
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EU US agree replacement for Safe Harbour data transfer scheme

08 February 2016
There had been mounting concerns about the extent to which use of the Safe Harbour scheme for transfers of EU personal data to the US was really sufficient for compliance with EU data protection rules for some time before the European Court finally declared the scheme non compliant so negotiations were already underway for its replacement before the judgement came through.  Nonetheless the judgement was a spur to accelerate those discussions and only a few days late the outline of a new scheme...
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Modernisation of the Execution and Delivery of documents in Scotland

14 January 2016
It has been possible to execute documents in counterpart which has simplified the completion of multiparty deals.  The same legislation also provides that it is acceptable to deliver documents electronically ie you are permitted to scan and email a document that has been signed and witnessed in pen and ink The rules on electronic signatures have also been clarified.  While the courts have been obliged by regulations based on EU law to accept electronic signatures for some time and more rece...
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#GoDo and beyond - "entrepreneurial" vs. "academic" mindset?

21 December 2015
Dominik Czaplicki from the Jagiellonian University in Krakow spent a few months with us this summer learning about how young companies are supported in the UK with a particular emphasis on the business/ academic interface.  He spent some time with a variety of different businesses.  Here are some of his reflections:   Being a Polish researcher in life science I’ve been recently exposed to an array of Scottish entrepreneurs and companies, most of which quite followed the “go do” approa...
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St Andrews Clinics for Children Christmas Newsletter

05 December 2015
Many of our clients and friends have joined us in supporting St Andrew's Clinics work amongst the children of Africa so I thought you would like to see the latest newsletter.  So often we think of university spin outs as being high tech companies but this is also a "spinout " from Glasgow University and more than 20 years later is going from strength to strength providing more than 100,000 treatments a year - a real success story - you can read more about it below:     Newsletter – Chris...
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Are you transferring data to the US or using US based servers?

02 November 2015
 Many companies transfer personal data to the US either deliberately to access services or as part of a corporate group’s arrangements but many others do so incidentally through the use of US based servers, commonly as a result of using third party CRM, payroll or web-shop software.  As the US does not have the same level of data protection as we enjoy in the EU some provisions must be put in place to ensure that where the personal data of EU citizens is transferred to the US it is handled w...
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Are your Distribution Agreements Enforceable?

06 August 2015
We have been seeing a number of problems with distribution agreements of late generally falling into one of three categories: a) the contract was unsuitable for the country of distribution, b) the choice of dispute resolution clause was inappropriate for the parties or c) circumstances had changed and the contract no longer covered actual practice. Typically problems arise when a single contract template is used for every country where the goods are to be distributed.  Firstly there may be iss...
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Trade Secrets - current and future protection

16 July 2015
A trade secret is a piece of knowledge that gives you a competitive advantage over others in the field.  It must not be widely known, the owner must have taken deliberate steps to keep it confidential (including restrictions internally to those who need to know) and it must have value because it is a secret.  Trade secrets can be things like formulae and recipes ( the classic example being the formulae for soft drinks like Coca Cola and Irn Bru ) , industrial processes and methodologies but mi...
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