Agenda
08:45 - 09:15 Coffee and registration
09:15 - 09:25 Chairman’s opening session
Brinsley Dresden, Partner, Media, Brands and Technology, Lewis Silkin
09:25 - 10:05 The Advertising Standards Authority – self regulation update
Matt Wilson, Press Officer, Advertising Standards Authority
- 2008 developments to the advertising codes
- Where are we with important issues and regulatory developments (environmental claims; alcohol advertising; gambling advertising; CPRs)
- Examples of recent ASA adjudications
- How to get help with meeting the regulations
10:05 - 10:50 The Unfair Commercial Practices Directive/Consumer Protection from Unfair Trading Regulations 2008
James Whittattaker, Partner, Addleshaw Goddard
- Regulations came into force May 2008
- Effect on retailers’ sales mechanics and pricing indications e.g. “buy one get one free” and the basis for showing sale prices – practical examples
- The new Pricing Practices Guide (BERR)
- BERR Interim Guidance on the Regulations
- What are the major changes – is it really an overhaul of the UK consumer trading law or is it just the same old thing?
- What new consumer protection rules on unfair commercial practices apply?
- Overview of the 31 prohibited practices
- Enforcement of Regulations
10:50 - 11:10 Questions and discussion
11:10 - 11:25 Coffee
11:25 - 12:10 The regulatory and commercial landscape of branded content: the Audiovisual Media Services (AVMS) Directive
Brinsley Dresden, Partner, Media, Brands and Technology, Lewis Silkin
- What are the developments of this new Directive?
- Is it seen as a replacement for TV Without Frontiers Directive (permitting product placement as long as warnings are screened and will extend TV regulation to audiovisual material on the internet or on on-demand networks)
12:10 - 12:45 Celebrity endorsements
Rupert Earle, Partner, Bates Wells and Braithwaite
- The willing celebrity: what needs to be agreed?
- Defining the endorsement, tying in the celebrity, exclusivity, product warranties, termination, morality clauses
- When can celebrity images be used without permission?
- Passing off, trade marks, developing privacy law and image rights, look-alikes/sound-alikes, Code provisions
12:45 - 13:15 Questions and discussion
Speakers joined by Jamamie Barnard, Legal Counsel, Unilever UK
13:15 - 14:00 Lunch
14:00 - 14:45 Mobile/digital marketing and the use of mobile technology in advertising
Paul Berney, Managing Director, Mobile Marketing Association, Europe Middle East & Africa (EMEA)
- Codes of practice
- Policing – is this just impossible?
- Regulation of advertising over the internet
- Data Protection - the latest challenges in implementing data protection legislation
14:45 - 15:30 Comparative advertising
Giles Crown, Partner, Media, Brands and Technology, Lewis Silkin
- New legislative framework for comparative advertising
- Implications of key ECJ decision in O2 v Hutchison 3G
- Outstanding issues following O2 v Hutchison 3G
- Practical guidance for running comparative ads
15:30 - 15:40 Questions and discussion
15:40 - 15:55 Tea
15:55 - 16:35 The issue of protecting official sport event sponsors vs right of freedom of commercial expression and fair competition
Dan Harrington, Partner, Couchman Harrington
- Ambush/guerrilla marketing – methods used in this form of marketing
- Contract/ticket terms
16:35 - 17:15 The Gambling Act and advertising rules – challenges so far relating to prize draws, promotions and competitions
Victoria Gaskell, Senior Associate, Media, Communications and Technology Group, Olswang
- Prize competitions
- Broadcasting advertising
- CAP Codes
17:15 - 17:30 Questions, discussion and debate
17:30 Chairman’s summary and close
