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Highlighting issues of substance for the chemicals sector

  • United Kingdom
  • Environment - Chemical compliance
  • Health and safety
  • Diversified industrials - Chemicals

07-03-2017

Welcome to the new edition of Eversheds Sutherland’s chemicals sector e-briefing. In February 2017, Eversheds and Sutherland Asbill and Brennan, a US firm, combined to form Eversheds Sutherland. Our combination provides an exciting opportunity for our clients to benefit from the well-developed chemical sector work of both firms and we are delighted to expand the scope of our briefings to include perspectives from the US. We include in this edition an article on revised US antitrust guidelines for IP licensing, which has already resulted in the Federal Trade Commission taking action against one company, spawning consumer class action.

Other highlights in this edition include comments from our Environment Partner, Elizabeth Shepherd, who recently gave evidence to the Environmental Audit Committee’s Inquiry in London into ‘The Future of Chemicals Regulation after the EU referendum’, commenting on transitional arrangements for REACH and other chemicals regulations post Brexit, plus a review of the nanomaterials regime in France.

Phillip Tunney
Head of Chemicals sector

Revised 2017 Antitrust Guidelines for IP Licensing; Qualcomm Ensnared in New Antitrust Suits for Licensing Activities

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission issued updated “Antitrust Guidelines for the Licensing of Intellectual Property” for the first time since 1995. The updated Guidelines are intended to play a fundamental role in the agencies’ analysis and enforcement approach to antitrust implications resulting from the licensing of intellectual property.

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Eversheds Sutherland partner Elizabeth Shepherd gives evidence to the Environmental Audit Committee on the post-Brexit future of UK chemicals regulation

Environmental Audit Committee’s inquiry into the future of Chemicals Regulation after the EU Referendum held its first oral evidence session on 7 February 2017. On Brexit the Government has explained it intends to convert EU law into British Law through the “Great Repeal Bill”. Elizabeth Shepherd was on the panel providing oral evidence to the Committee. The panel considered questions including the potential models of chemical regulation, practical implications for business, risks to trade and transitional measures.

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FRANCE: How to securely market nanomaterials?

Following media coverage in France, the French Agency for Food, Environmental and Occupational Health & Safety (ANSES) announced that the question of nanomaterials in food products will be addressed in 2017. Nanomaterials are regulated as substances under the overarching REACH Regulation, despite not being mentioned.

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Poison Centre information - New EU Regulation will harmonise information required to be provided to national poison centres

One challenge for those placing hazardous substances on the EU market is lack of consistency between different Member States in relation to the information to be provided to national poison centres and the relevant format. This increases the administrative burden for industry.

A draft Regulation, approved by the EU Member States and expected to come into force in this year, harmonises the information which must be submitted.

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Sentencing safety cases: A new landscape

1 February 2016 heralded the implementation of the “Health and safety offences, corporate manslaughter and food safety and hygiene offences: Definitive Guideline” in England and Wales. One year on, we consider its application to recent cases.

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We comment on the new industrial strategy

The UK government released its Green Paper on "Building our Industrial Strategy" in which it states that it is keen to work with industry to identify the UK's competitive strengths and then to work out how HMG can better help industry to grow and to drive better productivity. We asked the experts at Eversheds Sutherland to review the 132 page document and provide their perspective.

Click on a sector below to view our expert comments:

The Trade Secrets Directive

With so much political and media focus upon Brexit, employers in the chemicals sector might be forgiven for assuming many legal developments of the EU will not now take effect in the UK. However, until the exit process is well underway, the impact of future EU law is by no means certain.

As we outline in this briefing, another development for which UK chemical businesses and their staff will need to prepare in the coming months is a new EU directive aimed at protecting know-how and trade secrets.

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UK litigation overview 2017

If you thought 2016 was a year full of surprises – wait until you see what’s coming down the tracks! In this article we’ve outlined some key litigation issues for financial controllers, managers and in-house Counsel to be aware of as we kick off 2017

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Global employment update - February 2017

Industrial and chemical businesses operate in a global environment and often have employees in a wide range of countries. Our global HR e-briefing will help you stay on top of HR related legal developments across the world.

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Pensions speedbrief - outlook for 2017

With a year of uncertainty now behind us, we look ahead to what promises to be another significant twelve months for pensions. So, what are the key pensions issues to look out for in 2017?

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Upcoming chemical sector events

Health Leadership in the Chemical Industry Annual Conference

21 March 2017, Eversheds Sutherland Leeds

Come and join us for the fifth Annual Health Leadership Conference 2017 where we continue to focus on good health leadership practices across all aspects of health. Conference participants will hear from member companies on “how they did it” and key initiatives that helped them most; with a highlight across all areas by the most recent winner of CIA’s Health Leadership Award.

HSE expectations in practice - safety concepts and triggers

Various dates and locations available

Drawing on the expertise of a former Health and Safety Executive inspector and experienced health and safety lawyers, this half-day briefing will provide insight into what the HSE really expects of you and your organisation ‘in practice’. What triggers the decision to prosecute, and can you ever feel that you have done enough?

Click here for more information and to book

SHINE essentials Spring 2017

Various dates and locations available

The Eversheds SHINE campaign is all about giving in-house counsel the knowledge, news and networking opportunities to help you in your roles. This seminar look at the Insurance Act 2015 and insurance coverage considerations, Brexit proofing your contracts and energy storage options.

Click here for more information and to book

For more information contact

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