Exports and Imports - BPI seeks damages from CD WOW!

Do you buy CDs on line? If so, are you sure of your source? CD WOW! which sells CDs on line is being sued by the recording industry. Importing products protected by copyright, trade marks, patents or other such rights from outside the 29 EU/EEA member states amounts to infringement of those rights.

Ian Robinson says “There are important legal rules on export and import of goods and products such as CDs. Many companies forget to draw up legal contracts or terms of business which deal with export and import issues within the law and we can help with this. It is only where the goods are bought within the European Economic Area countries and were first sold there by the owner of the rights or its licensees that they can be bought and sold and exported freely from country to country in the EEA.

Another interesting issue concerns customers and restrictions on customers. The Office of Fair Trading has been looking at this point. Some suppliers have sought to charge websites higher prices for goods than shops because shops have higher costs and provide more guidance to customers. Customers go into the shop, take the advice and then go home and buy more cheaply on-line. UK and EU competition law can have an impact here and dominant companies need to treat like cases alike and not discriminate. It is certainly an area in which to seek legal advice.

Call Ian on 023 9286 2424 for information.

Deposits from Tenants

Do you let out property as a buy-to-let or are you a tenant? If so, the new rules in force on 6th April may affect you. From that date all deposits taken by landlords for assured shorthold tenancies have to be protected by a new tenancy deposit protection scheme. There are two alternatives - the ‘custodial’ or ‘insured’ scheme.

Christina Smith says – “Under the custodial scheme the tenant pays the deposit to the landlord who then has 14 days to send it to the scheme and give the tenant certain information. At the end of the tenancy the scheme returns the deposit. If there is a dispute over damage, amounts etc. then the scheme will hold the amount until the dispute resolution service or Courts decide what is fair. Under the alternative insurances schemes the tenant pays the deposit to the landlord who retains this amount. However, the landlord must pay a premium to the insurer. Again certain information required by law must be given to the tenant. If there is a dispute then the landlord at that point only hands the deposit to the scheme to deal with and resolve the dispute. If for any reason the landlord fails to comply, the insurance arrangements will ensure the return of the deposit to the tenant if they are entitled to it.

If you need any advice on this or any other property matter call Christina On 029 9221 0170.