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Author: Burley Law

Influencing Influencers: Brand Protection and Risk Management

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?

University IP Commercialisation Virtual Round Table Event

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.

Start-ups

Start-ups

Pragmatic. Sensible.
N0-nonsense.

Burley Law has worked with university start-ups and those on incubator programmes and UK Intellectual Property Office schemes for many years. Our experience enables us to give pragmatic, sensible and no-nonsense advice as we support the growth of your business.

We work within your budget

It can be challenging balancing product development with market testing and business development whilst seeking investment or managing other strategic objectives. We are happy to tailor our service to meet your budget and ensure your legal spend is targeted on the right areas at the right time.

Key expertise

expertise

  • Identifying IP

  • Protecting IP

  • Securing IP ownership

  • IP licensing and transfers

  • Software and Cloud Terms

  • GDPR and data

  • Domain names

  • Online terms

  • Collaboration agreements

  • Trading agreements

  • International Trade Mark protection

Fixed Price Products

We can offer fixed price products to start-up businesses.
  • Trade mark filing

  • Privacy policies

  • Confidentiality agreements and non-disclosure agreements

  • Website terms

  • Online trading terms

  • Software licences

  • Cloud terms

  • Software as a Service

  • Monthly retainer arrangements

trade mark filing

Access to other advisers

We have worked closely with a range of other advisers over the years who can also support your growth. These include a variety of patent attorneys as well as specialist employment, corporate, tax and property lawyers both in the UK and overseas and business mentors.

If you would like to discuss your specific requirements, please telephone us on 0121 661 6501 or email des@burleylaw.co.uk.

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EU funded agreements

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.

Start-ups and spin-outs

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Scale-ups

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IT/Software

The commercial and contractual eco-system for IT and software has become increasingly complex.  We help you cut through the complexity and identify what you need contractually to manage the various risks.