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Author: Burley Law

Des Burley IP Lawyer at Burley Law

Des Burley

Written by Burley Law on . Posted in About us.

Des founded Burley Law in 2014 to provide personal and pragmatic, expert IP and technology law advice. He qualified as a solicitor in England and Wales before the Y2K bug, the dotcom boom or the Blackberry, in the same year that the first MP3 player was launched. Over twenty years on in a world that is now shaped and driven by technology, his legal practice now focuses on intellectual property protection, IT and technology contracts, international trade mark advice, data protection law and commercialisation of university-generated intellectual property.

Clients generally have technology, innovation or a strong brand identity at their core. They are often owner-managed and fast-growing and range from start-ups and spin-outs, to universities, providers of online services and fashion brands. Des has extensive experience of advising online training providers, and universities on IP commercialisation and technology – and on a broad range of IP and data protection issues in corporate transactions.

Des studied chemistry at The Queen’s College, Oxford before training as a solicitor. He went on to work at national and international law firms advising on intellectual property, technology law and information law. He was a partner at a national law firm for a number of years and then head of trade marks at a national patent attorney practice before he founded Burley Law.

Des has been a visiting university lecturer on IP on MBA courses, is actively involved in providing support to start-up incubator programmes and provides online training through a trust that supports organisations looking to use digital technologies to scale-up numbers of adult learners gaining vocational skills. He has worked on secondment with an e-commerce start-up and also with research-intensive universities.

Des is appreciated by his clients for his depth of expertise coupled with his straightforward approach to resolving commercial legal problems.

In his spare time, Des is a keen competitive swimmer and enjoys watching cricket.

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Influencing Influencers: Brand Protection and Risk Management

Written by Burley Law on . Posted in Featured, We think.

Influencer marketing has grown exponentially, revolutionising the way brands advertise products.  This social media marketing involves endorsement and product placement by those with social influence such as celebrities (think Kim Kardashian) and reality TV stars (think Love Island).  Influencers’ social media channels via Instagram, youtube, Twitter, Facebook, tiktok and the like are leveraged by brands to reach their followers and to encourage them to buy their products .

Getting influencer marketing right means that brands can successfully connect and interact globally with consumers by influencing their buying habits.  Whilst the potential benefits can be huge, brands can also be tainted or destroyed in a heartbeat as a result of careless social media posts or negative influencer publicity.  Businesses can no longer rely on the old adage of ‘no such thing as bad publicity’.

1. Do your due diligence

  • Is the influencer right for you?
  • What are their values, and do they align with you?
  • Check out their social media posts?  Does their style fit yours?
  • Look into their history – are there any skeletons in the closet that could come back to bite your brand?
  • Does the influencer act for any competing brands?  This can water down their endorsement of your product

2. Put an agreement in place

  • This is the commercial and legal basis for the campaign.  Detail exactly what is expected.  How many posts?  When?  What support and marketing materials will you provide?
  • Termination clauses will be essential if you need to distance yourself from them.
  • Remember confidentiality to protect commercially sensitive information.  Don’t give away your secrets! 
  • Be crystal clear on how your brand can be used.  Make sure they are on message.

3. Follow the regulations and guidance in place

  • Don’t expect the influencer to be an expert.  Any blowback will hit your brand.  Educate them if necessary.
  • Share with them ‘An Influencer’s Guide to making clear that ads are ads’ https://www.asa.org.uk/resource/influencers-guide.html
  • Paid for posts should be clearly marked as adverts.  Using #paidpartnership or #ad/#advert is good practice, but ‘sponsored’, ‘in association with’ or ‘thanks to [brand] for making this happen’ are not recommended. 
  • ‘Paid for’ doesn’t just mean money.  It can also cover product loans, hotel stays or trips.
  • The UK advertising codes have specific rules on adverts directed at children, greater scrutiny for medicines, medical devices, health-related products and beauty products, slimming products, food supplements, alcohol, homework and business opportunities. 
  • There is specific legislation for certain products which cannot be short-circuited through use of influencers.  Examples may be financial services, gambling, and age-restricted products.  You should already be aware of them, but have you told your influencer?
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University IP Commercialisation Virtual Round Table Event

Written by Burley Law on . Posted in We think.

Burley Law hosted another University IP Commercialisation Virtual Round Table on Wednesday 30 June 2021.  Once again, we were joined by a fantastic turnout of university representatives who collaborated in sharing their different perspectives on 3 topical issues, namely:

  • The Changing Landscape for Knowledge and Innovation – post COVID and BREXIT.
  • International Contracts – Law and Jurisdiction.
  • GDPR and Data Continued – Changes and Challenges.

As usual there were excellent contributions from the attendees – with the Burley Law team on hand to offer their experiences, insight, and advice.  There are many challenges to universities at the moment and it was helpful for institutions to share with one another how they are grappling with them.  The evergreen hurdles around contracting internationally remain and more contemporary issues associated with laws around data were also covered.

The next event is planned for early next term where the group will reconvene for a session focused on spin-out related issues.

EU funded agreements

Written by Burley Law on . Posted in Innovation.

EU funded agreements are contracts between the European Union (EU) and a recipient organisation that receives funding from the EU to carry out a specific project or activity. These agreements can cover a wide range of areas, such as research and development, social programs, environmental initiatives, and infrastructure projects.

In the context of law, EU funded agreements are subject to a variety of legal requirements and regulations. These requirements and regulations are designed to ensure that the funding is used in accordance with the objectives and priorities of the EU, as well as to prevent fraud, corruption, and other forms of misuse of EU funds.

Some of the legal considerations that apply to EU funded agreements include:

  1. Eligibility criteria: Recipient organisations must meet certain eligibility criteria in order to receive funding from the EU. These criteria may include factors such as the organization’s legal status, financial stability, and technical capacity.
  2. Contractual obligations: EU funded agreements typically include a range of contractual obligations that the recipient organisation must fulfill. These may include reporting requirements, performance indicators, and deadlines for completing specific project milestones.
  3. Financial management: Recipient organisations must manage EU funds in accordance with strict financial management rules and regulations. This may include requirements related to accounting, auditing, and record-keeping.
  4. Compliance: Recipient organisations must comply with all relevant EU laws and regulations, as well as any specific rules and requirements that apply to the particular funding program.
  5. Monitoring and evaluation: The EU may carry out monitoring and evaluation activities to ensure that the recipient organisation is using the funding appropriately and effectively.

EU funded agreements are subject to a complex set of legal requirements and regulations that are designed to ensure that the funding is used in accordance with EU objectives and priorities, and to prevent misuse of EU funds.

Outsourcing

Written by Burley Law on . Posted in Commercial Law.

Outsourcing can be a game-changer for businesses aiming to sharpen their focus and boost efficiency. But let’s be honest, it’s not without its headaches, especially when you dive into the legal nitty-gritty. That’s where Burley Law steps in. We’ve got the expertise to smooth out the complex legal bits of outsourcing, making sure your contracts are solid, clear, and perfectly aligned with what you’re aiming to achieve.

Here’s How We Help:

Solid Contracts from the Start: We kick things off with thorough due diligence, ensuring every contract lays out the work scope, service levels, data protection, intellectual property rights, and how to wrap things up if needed. No surprises, just clarity.

Tackling the Legal Maze: Outsourcing throws up a bunch of legal questions, from sticking to the rules both home and away, keeping secrets secret, to making sure everyone’s on the same page about the work being done. We’re all about staying one step ahead, ironing out potential issues before they become real problems.

Keeping You in the Clear: With our help, you can dive into outsourcing knowing your back is covered. We make sure your outsourcing setups are not just about getting the job done but doing it in a way that’s secure, compliant, and totally in tune with where you want your business to go.

Why Go with Burley Law for Your Outsourcing Needs?

  • Expertise That Talks Your Language: We know the ins and outs of outsourcing law, but we keep the legalese to a minimum. Expect advice that makes sense and gets straight to the point.
  • Proactive Protection: Our approach is all about dodging legal bullets before they’re even fired. We look at what could go wrong and put safeguards in place, so you don’t have to worry.
  • Tailored to Your Goals: Your business isn’t like anyone else’s, so why should your outsourcing strategy be? We tailor our services to fit your specific aims, making sure outsourcing works for you, not the other way around.

Ready to Make Outsourcing Work for You?

If you’re looking to streamline your operations with outsourcing but want to avoid the legal pitfalls, we are here to guide you through. Let’s make sure your outsourcing efforts are as effective and secure as they can be, lined up with your business’s big-picture goals. Get in touch to find out how we can support your successful outsourcing strategy.

Distributorship Agreements

Written by Burley Law on . Posted in Commercial Law.

In the fast-paced world of commerce, distributorship agreements stand as a cornerstone for expanding business reach and tapping into new markets. At Burley Law, we understand the critical role these agreements play in your business’s growth and the complex legal landscape that surrounds them. Our legal services are designed to navigate the intricacies of distributorship agreements, ensuring they are crafted to protect your interests, promote your products effectively, and comply with the relevant laws and regulations.

We provide comprehensive support, from negotiating terms that align with your strategic goals to addressing issues related to intellectual property, exclusivity, and termination clauses. Our goal is to ensure that your distributorship agreements not only facilitate market expansion but also safeguard your business against legal risks, fostering strong, productive relationships with distributors. With our expert guidance, you can confidently establish and manage distributor relationships that drive your business forward.

Public Procurement

Written by Burley Law on . Posted in Commercial Law.

Public procurement is the process by which public authorities, such as government agencies, local authorities, or public institutions, purchase goods, services, or works from external suppliers. The aim of public procurement is to ensure that public authorities obtain value for money and the best possible quality in their purchases, while adhering to legal and regulatory requirements.

The public procurement process typically involves several stages, including the identification of a need, the development of specifications, the selection of suppliers, the award of a contract, and the management of the contract. The process may vary depending on the jurisdiction and the type and value of the procurement.

Public procurement is subject to a range of legal and regulatory frameworks, such as the European Union’s Public Procurement Directive, national laws and regulations, and international agreements. These frameworks aim to ensure that the procurement process is transparent, competitive, and fair, and that suppliers have equal opportunities to participate in the process. They also aim to prevent corruption, fraud, and other forms of malpractice.

Public procurement is an important tool for promoting economic development, innovation, and social and environmental objectives. It is also a significant source of revenue for many businesses, particularly small and medium-sized enterprises. Therefore, public procurement is an area of significant interest to businesses and policymakers alike.

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