Member Blog

The Rugby World Cup is among the top 10 largest sporting events in the world. The tournament is organised every four years and, this year, will be hosted by the UK from 18 September to 1 November. On previous form, it is likely that the Rugby World Cup organisation will be as strict as FIFA and the International Olympic Committee when it comes to protecting its brands, sponsors and, therefore, revenue.

It’s less than a month to go until the UK-hosted Rugby World Cup starts. The tournament is projected to boost the national economy by £1 billion, with 400,000 international visitors expected to watch 20 nations compete. Already 90% of tickets have been sold, and marketing in the 11 host cities has started to ramp up, with the Coca-Cola London Eye wrapping its capsules in the flags of the 20 competing nations, and the Rugby World Cup logo placed on the Tyne Bridge in Newcastle.

While many businesses will want to take advantage of the event to cash in and raise their commercial profiles, there are a number of trademark issues that need to be considered to ensure that campaigns do not fall foul of the Rugby World Cup rules and regulations.

The International Rugby Board (IRB) owns registrations in the words RUGBY WORLD CUP, RUGBY WORLD CUP 2015, RWC, RWC 2015 and the Webb Ellis Cup design. In addition, IRB owns ‘rights in the tournament names, main trophies, company names, trade names, logos, product packaging and designs of RWC or official sponsors, licensees, supplies, or other third-party products or services, belong exclusively to RWC or such third-party, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international laws, as applicable’.

Making sure merchandise is official Tournament-inspired merchandise is being carefully monitored by the Rugby World Cup organisers with official and replica jerseys, and a range of related merchandise sold only through the official website, official shops in London and Cardiff, and through authorised agents and affiliated sponsors’ sites. The articles are all provided with a hologram logo so that the buyer knows that products are authentic.

Similarly, tickets sent to fans incorporate augmented reality technology via Blippar to enhance visitor’s match day experiences, provide seat views, information and content, and minimise the sale of counterfeit tickets.

IRB organisers have secured all outdoor media sites close to host venues to prevent ambush marketers reaching spectators.

Preventing ambush marketing Ambush marketing refers to a marketing campaign in which a company or brand associates itself with a specific event without paying sponsorship fees. This phenomenon occurs at every major event (search online for Paddy Power or Nike campaigns during the 2012 London Olympics or Stella Artois’ tennis-themed advertisements near the site of the US Open for examples of such campaigns).

IRB’s worldwide sponsors include MasterCard and Heineken, with official sponsors of the Rugby World Cup including Coca-Cola and Canon. Sponsorship revenue has risen 50% since the last World Cup and the growing profile of rugby has seen significant increase in its commercial value. This will lead to tougher action being taken against ambush marketers and trademark infringers.

No specific legislation has come into force regarding the Rugby World Cup as was established, for example, for the 2012 Olympic Games in London. Instead, the Rugby World Cup organisation will be seeking to use existing laws to act against ambush marketing, including trademarks, passing off and copyright laws.

In addition, the Committees of Advertising Practice (CAP) issues codes for UK advertising, and includes ambush marketing, although PR ‘stunts’ are not covered by the CAP Code. The CAP Code does not prevent people from referencing a sporting event, but any advertisements based on or around a sporting event must not mislead consumers by implying that an official relationship exists when it does not. In addition, adverts must not take unfair advantage of a competitor’s trademark and requires marketers to hold evidence that any cited endorsements are genuine (full guidancehere).

The scope of ambush marketing campaigns on social media is yet to be seen, but is likely to be prevalent during the tournament.

Keeping within the rules Companies and local businesses will not be stopped from chasing business or selling to tourists during the event, but they will need to be very careful. The general rule is not to make any reference to the Rugby World Cup unless you are an official sponsor, for example:

• Do not use wording such as ‘Rugby World Cup’ or ‘RWC 2015’;
• Do not use imagery, such as the Webb Ellis Trophy, the IRB’s ‘filleted fish’ logo or ‘England 2015 logo’;
• Do not use phrases or slogans associated with the IRB tournament, such as ‘Too Big To Miss’;
• Do not use colour schemes similar to those used by the IRB; these may not be registered, but there will be unregistered rights and copyright in such colours;
• Be aware of the rights owned by the IRB and their sponsors, licensees and affiliates and avoid using the identical or similar wording/logos; and
• If promotions are run, including special discounts, be careful not to directly associate your company with the event.

There will be sponsorship deals and collaborations at team and individual levels. These can be a great opportunity to promote, for example a player in the tournament, without falling foul of any regulations. Here, inspiration can be taken from Nike’s campaigns over a number of different sporting events, including the London 2012 Olympics.

If you are planning to launch a marketing campaign to tie-in with the Rugby World Cup and would like guidance or further information, please speak to your Novagraaf representative.

For more information on attending the Rugby World Cup, visit the official website for venue, fixture dates, travel and team information, together with ticket authentication tools and ticket resales. To support England Rugby, #carrythemhome, see here. For the RFU’s beginners’ guide to rugby union, see here.

Claire Jones is a trademark attorney in the London office of Novagraaf

During the summer months, pharmacy shelves are packed with sunscreens ranging from factor 6 to 50+. These products generally offer excellent protection against the sun but, when it comes to brand protection, it’s a different story: both the numbers and the term sunscreen do not fulfil requirements for distinctive character and, therefore, cannot be registered as trademarks. We set out the requirement of distinctiveness in trademark registration.

A trademark can be any word, sign, symbol or graphic that you apply to your company, goods or services to distinguish them from those of your competitors; for example, a brand, product or company name, or logo. The trademark serves as a badge of origin for your business and its brands and products, and can consist of words, logos, images, slogans, shapes and colours, or a combination of all of these.

Not every word, sign, symbol or graphic is capable of being registered as a trademark, however. It must fulfil a number of conditions in order to be passed for registration, including that of ‘distinctiveness’. But what does ‘distinctive’ mean in this sense?

Assessing distinctiveness There are a number of elements that determine whether or not a trademark fulfils the distinctiveness requirement to become a registrable trademark. The central and most important factor is whether or not the trademark is descriptive.

You need to look at the proposed trademark in relation to the goods or services for which it is being used. Is the name (or drawing, print, shape, etc) descriptive in relation to those goods or services? If so, the applicant will not, in principle, be able to obtain trademark rights for that name.

To be approved by the relevant trademark office, the proposed trademark needs to be a word, logo, picture or other sign that clearly identifies the applicant’s goods and services from those of other traders.

Therefore, the numbers that refer to the degree of sun protection (e.g. factor 50+) would not meet the requirements for distinctiveness, and so are not capable of trademark registration.

Is it a common term? If you drive past the petrol station while on holiday, you may notice you can buy ‘diesel’ there. Diesel is a descriptive indication of a particular type of fuel and, so is not registrable as a trademark. In comparison, the word is not a common term in the clothing or fashion sector, which makes it a distinctive brand for such products (hence the Diesel fashion brand).

There are countless examples of brands that use a common term, but in different sectors to those where they are commonly used. Another well-known example is Apple.

Is the term generic? Once arrived at your holiday destination, you’ll probably fancy a cold drink. You might consider having a cocktail, such as a piña colada. Cocktail names such as these have become generic terms since they have been used to denote the nature of the cocktail rather than the origin of the cocktail. As such, it is not possible (anymore) to protect them as trademarks.

Have you created a neologism? You could opt to combine two words to form a brand name. The fact that the resulting word can’t be found in a dictionary, however, is no guarantee that it can be registered as a trademark.

The Court of Justice of the European Union (CJEU) has ruled that a combination of descriptive words is in itself descriptive, unless there is a perceptible difference between the neologism and the mere sum of the elements of which it is composed. ‘Baby-dry‘ for nappies was considered acceptable, although many subesequent decisions have tried to distinguish themselves from the acceptance of that mark, whereas ‘doublemint‘ for chewing gum is not.

Does the mark include a graphic element? Previously, the requirement for distinctiveness could easily be satisfied by adding a graphic element to the descriptive name. In other words, instead of registering a word mark, you would register a device mark. In recent years, however, the addition of a graphic element no longer guarantees that your application will overcome a lack of distinctiveness. The addition must add something “extra” to the mark so that it is no longer just the descriptive term. For example, a picture of a KIWI fruit added to the word KIWI will not make the mark distinctive for fruit but makes it even more descriptive, but adding a non-related device such as complex geometric shape might. It will never enable you to stop others selling kiwi fruit and calling them kiwi fruits, however.

Is the brand in extensive use? Finally, if it can be shown that the mark has become established in a market due to long-term and/or extensive use, you may be able to obtain trademark registration despite a lack of distinctiveness in your chosen brand name. However, in order to do this, you must prove that the sign has been used so extensively that your consumers perceive it as an indication of the origin of the goods and not as a description of the mark. This can be done by demonstrating the market share of the brand, and the intensity, geographical spread and duration of the use of the mark. Audi obtained registration of the descriptive German phrase ‘VORSPRUNG DURCH TECHNIK’ (advancement through technology) on that basis.

Find out more The assessment of a mark’s distinctiveness can often be subjective. However, it is possible to assess the feasibility of registration for a chosen brand name by reviewing it for descriptive and distinctive elements. It is also important to check that the mark is available for use prior to any brand launch.

To find out more about trademark registration or trademark availability searching, please speak to your trademark consultant or contact us.

We see the word Entrepreneur a lot, but what is an Intrapreneur?

When we choose an overseas holiday destination, one of the first things we consider is to go long haul or short haul. This decision is really important as if you’re planning on a weekend away, then choosing Hong Kong for instance may not be the best idea for a relaxing break unless you really like the inside of a Boeing 747.

This notion of understanding yourjourney time in relation to your goals is also vital when deciphering if you’re going to be a more effective entrepreneur or if you’re happy to strap yourself in for a long flight and go down what we call the intrapreneur path.

One of the fundamental elements of what we teach allSwarm apprentices is what it is to become an “Innovative Intrapreneur” so they can learn to find opportunities in their own businesses.

So what is an intrapreneur? The word has only been around for a short while as a description for people who use a lot, if not all, of the skills of an entrepreneur but work within an organisation maximising on opportunities for growth and efficiencies.

We cannot and should not all aim to be successfulentrepreneurs like we see on TV as most of those you speak to have had business partners who have been the business brain and taken the idea to make it into a successful global brand.

Both of these two people have the mind-set and skills that almost mirror each other but where the risk taking entrepreneur may want to dabble in many, the resilient intrapreneur wants to pick up, mould and expand. Both are equally creative as each other but whereas one will look to the external world for entirely new solutions, the other will follow the established brand purpose and values as a guide and apply that to seeking new ideas that offer efficiencies or product innovations that have the ability to expand the businesses profitability or brand influence.

In short, it is empowering employees to look for a gap or opportunities in your existing marketplace/business, create a plan and then take ownership of the new project or service using the skillset of an entrepreneur and possibly the teamto make it happen.

So what does an innovative intrapreneur look like? In order to be an effective intrapreneur you have to be able to find a problem, create a solution and turn this into a new opportunity, for profitability, growth or expansion. Then you need to create a vision that can be interpreted into a long term business plan and make sure it does not deviate away from the original purposeof the organisation. Once you have this you need to be able to make sure the project is financially viable and offers the ability to be sustainable.

So what skillset do you need to be able to be an innovative intrapreneur?

1: Big picture thinker-You have to be able to see the whole forest and its goals rather than just the trees within it.

2: Be an inquisitive challenger -Ever had a 5 year old keep asking “Why” or “Why not?” This is a good trait as long as you’re not annoying. How else can you find the problem and spot the solution?

3: Embrace risk and failure -This is a fundamental one that stops a lot of innovation. We learn by failing and I have never met a good entrepreneur that’s not failed a few times before that killer idea takes off.

4: Be a relentless armadillo -If you have a vision that you believe in then don’t stop trying until you achieve it. Along the way you will get hit and knocked down so learn, shrug it off and try again.

5: Network and build your contacts -You will never achieve anything by just being confined to your own business. Get out and meet others in the business world. They are your toolbox and everyone in it a possible collaborator, sound board or customer to get the job done.

6: Passion and enjoyment – Without this you will never succeed. You have to live the idea, want it, taste it and strive to enjoy even the hardest challenge to infect others with the desire you have to see the vision through.

7: Play well with others – You won’t be able to do everything on your own and you will need the support of others to achieve your vision. You should aim to collaborate a win-win for people rather than a compromise.

8: Accept you don’t know what you don’t know – You have to be able to knuckle down and learn things that will put you right out of your comfort zone. Don’t get blindsided by a law or policy that you have no control over.

9: Adaptive and flexible, “Embrace change”- You will have to adapt to changes in the workplace, market or both and that means you may have to set goals on the fly to achieve your original vision. A “No” or “Can’t” never has a full stop after it, only ever a question mark.

10: Respect the bigger vision – This is one of a few fundamental things that separate an entrepreneur from an intrapreneur. This may not be your business and you’re playing in a pre-determined ballpark. Respect that and use your ideas and skills to strengthen your boss’s big vision, not create a new one.

These tentraits are really just the start of what makes a truly innovative intrapreneur, and we all have some of these if we get the opportunity to let them be used.

Remember, there really is no such thing as acrazyidea, in fact, some of the brightest inventions today came from what was at the time, a crazy idea. You just have to back it up. You need to come upwith the research, financial figures and an implementation planthat shows how it could work. All that’s then required is the will to take a risk and the determination to see it through as youhave to think like one to become one. That means you have to take ownership and accountability of what you’re doing and if it’s your idea, then the buck well and truly stops with you.

Chris Perry (Managing Director of Swarm)

These quirky little patterned squares, seemed to be found on everything these days from tubes of toothpaste to the pages of glossy magazines.

On some products these little black and white pieces of modern art seem almost microscopic and yet with the right tools can unveil a powerful marketing secret. With the right app installed on your mobile device you can scan these little patterns known as QR codes and you will then be transported to another destination on the Internet. This destination might be a website but one of the best uses of QR codes is to direct people to a video.

These QR codes act like a portal and transport the viewer to video that can perform a myriad of uses for you the marketeer or business owner. That video can be a promotional, profiling video or it can be a how-to… Or explanation video. Whatever you need to explain, show or described to your customers the simple QR code can transport your potential customers to exactly the destination where you provide that vital information.

And the great news is the technology used to scanning the QR code, a simple app, is absolutely free! You can down load the app from the app store to your smart phone.

We recently made a video for a very interesting farm shop. What’s interesting about this business is they not only provide excellent produce where the Providence can be traced back to local farmers and producers, this farm shop actually produces their own high quality popcorn.

The brief for the video was to create a film showing all aspects of the business. this included the shop, the produce and of course their unique product the popcorn.

The way we made the video was so that the popcorn section could be taken out of the full video and made into a separate stand-alone film, just about popcorn production. The purpose of doing this was so that the QR code could be created, printed onto popcorn grab bags and other point of sale materials. Whenthe QR code is scanned the customer is taken to video showing how the popcorn is made. In this case the client wanted a very short 45 second piece with a little bit of humour built into it, which gave the product, popcorn, a sense of fun and enjoyment.

So it’s worth considering what aspect of your business would you like your customers or should I say soon-to-be customers to be experiencing. Whether it be a unique line, a manufacturing process, or a brief description of the company’s ethos from the business owner. A video can be made and the QR code can be created. This can then be printed on any written remote merchandise or packaging and then no matter where that material ends up once the QR code is scanned the viewer is taken directly to the video where they can see exactly what you want them to see.

So please just take a look around and see how many up examples of QR codes there are on everyday goods. These are links usually to videos where people can experience specifically whatever the business wants them to experience.

For more information about creating your own business video and QR codes for specific businesses, please contact Michael at About My Business Video Company and we’ll see what we can create together.

Michael Brook

[email protected] www.ambv.co.uk

07977 493 774

It may have been registered as a fansite, but Aldi has revealed a zero tolerance approach to trademark infringement in its action against ilovealdi.com. The German supermarket chain used WIPO’s UDRP procedure to successfully shut down the site.

Set up on 1 January 2012, the ilovealdi.com domain name was registered by Chris Huff, an American fan of the German supermarket chain, Aldi. Nonetheless, the company was unhappy with the unauthorised use of its trademark; first contacting Huff to request he cease and desist his use of the site and then, after no response, pursuing the action using the Uniform Dispute Resolution Policy (UDRP) procedure provided by WIPO.

How does the UDRP procedure work? The UDRP procedure seeks to resolve domain name disputes in a quick and cost-effective way. To act under the policy, three key requirements must be met, namely:

• The challenged domain name is identical or confusingly similar to the trademark registration;
• The third party has no legitimate interest in use of the brand; and
• The domain name was registered in bad faith and is being used in bad faith.

If these requirements are met, the infringer will be ordered to transfer the domain name to the brand owner or to remove the domain name from use.

The Aldi action On the first point, WIPO’s Administrative Panel agreed that the domain name was very similar to the Aldi brand. It then examined whether the registrant had a legitimate interest in the use of that brand. Huff argued that he had a legitimate interest, in that he had registered the domain name to share his love of Aldi, without any commercial intentions. However, Aldi was able to show that, since the site was registered more than three years ago, it had not been actively used. As a result, the Panel found there to be no legitimate interest in Huff’s use of the brand.

Finally, the Panel considered whether the domain had been registered and used in bad faith. Bad faith can be shown to exist where a registrant has registered or used a domain name with negative intentions; for example, out of malice or in order to piggyback on the success of a brand. In this case, WIPO found that, while Huff had indicated that he wanted to use the site to express his appreciation for Aldi, he had not done so in practice. Passive or lack of use of the website was enough to satisfy the requirement for bad faith, and Huff was ordered to transfer the ilovealdi.com registration to the supermarket chain.

Implications for your own domain name strategy Aldi may not have been successful in its action had Huff been actively using the site for his originally stated purpose: as a fansite for the German supermarket chain. As the UDRP requirements make clear, the brand owner has limited power to stop use of its trademarks if a registrant can show there is a valid reason for their registration of the domain name (and that it is not being used in bad faith).

For that reason, it is advisable to register domain names to protect against third-party registration of company or core brand names, including popular variations or misspellings. (Find out more about developing a domain name strategy here.)

Of course, it’s impossible to predict and register every possible variation or typographical error; even if you could, the cost would be prohibitively expensive given the number of domain name extensions now on the market. Here, domain name watching tools, such as Novagraaf’s web-monitoring service NovaTrack, can provide a useful service for monitoring and gathering evidence against infringing use of trademark rights. This evidence will support any action taken through WIPO’s UDRP or equivalent procedure.

Interviews will always be a two-way street, at the same time an employer is interviewing a candidate, the candidate is also assessing whether they would like to work for the organisation in the first place. Therefore it’s important to get the balance right between putting interviewees at ease and still finding ways to challenge them.

Employers shouldn’t take an overly soft approach in order to avoid scaring off potential employees. In fact, good interviewers achieve a balance between helping candidates to overcome any nerves, and giving an honest impression of the company, whilst still really digging deep to ensure they hire the best person for the job.

Having supported employers through thousands of interviews, our consultants have seen first-hand that the more candidates sense they are being challenged, and feel they have to work to prove they have the skills for the job, the more they actually want the role!

Here are 5 top tips to hone your interview skills:

1. Don’t hold back

Make sure you respect all the essential niceties, such as a warm welcome and refreshments, and set aside appropriate time so the candidate doesn’t feel rushed. But don’t hold back on really trying to get under the skin of your next prospective employee.

2. Look for ways to dig deeper

The best questions are often the follow up questions to those that you’ve already planned in advance. These take you past the prepared responses and into the finer details of a candidate’s experience. So if something sparks your interest, go ‘off list’ for a while and delve in with some more questions. For example when a candidate nominates an achievement, ask more about the results, what their position and role was, what key challenges they faced and what, if anything, they would differently now. This shouldn’t be seen as interrogation, it’s about creating an engaging, insightful, two-way conversation in which the candidate will really be able to demonstrate a clear response.

3. Look for warning signs

Interviews are intense for everyone, no matter how skilled or experienced the candidate is. But don’t overlook warning signs by putting it down to candidate nerves. There is no excuse for lacklustre research, or for someone failing to remember all parts of their CV. Support the candidate by asking additional questions, which will prompt them and bring them back on track if needed, but don’t ignore your gut instinct if you feel they are floundering due to a lack of preparation.

4. Set challenges

The second interview is when you can really see a different side to a candidate, and it’s the ideal time to set some relevant challenges in advance. Ask them to bring along some examples of their work, to prepare a short presentation on how they would approach the first 3 months in their new role, or give a practical example of a challenge that is facing your business right now and get the candidate to give you a practical step-by-step view on how they would overcome this. And don’t just look at the solutions they suggest, look at the way they prepare and approach these tasks as well.

5. Include additional assessments

Consider additional ways to assess someone’s skills and suitability for the role, such as competency based, or behavioural, interviews and personality profiling. These aren’t additional hoops for a candidate to jump through, they are valuable ways for you to gain all the information you need to be confident in making a decision, and for potential employees to really feel they’ve had the chance to fully prove just why you should employ them.

If you would like some additional support in creating a more challenging interview process, or introducing competency based interviews or personality profiling, then get in touch with our expert team. We’re here to help ensure you find the best possible talent for your business.

For most business owners, one of the most important things they need to do is secure finance for their company. Whether you are only just starting out, and you need money to open your business or you require funds to take your business to the next level, perhaps with a new department or product, getting the right business finance in Norfolk is of paramount importance. Keeping that in mind, we have put together this handy guide to reveal everything that you need to know.

When it comes to securing business finance in Norfolk, you do have several different options at your disposal. This includes your savings, business grants, borrowing from friends and family, business finance from the bank and lending money from finance companies. If you have landed on this page, then it is highly likely that you have already exhausted a couple of these options.

If you are seeking financial help, you probably do not have the savings available to assist your business, and it is likely that there are no friends or family members that are in a position to help you. There are also a lot of people who do not feel comfortable lending such huge sums of money from people close to them, and thus this idea may not appeal to you anyway,

So, that leaves you with business grants, finance from the bank and loans from finance companies. In regards to the former, business grants are, of course, extremely beneficial, as you do not need to pay the money back. However, as you can imagine, it is not easy to get a business grant. Therefore, while there is no harm in trying, you certainly should not pin your hopes on this.

This leaves the two most realistic options – lending from a bank and lending from a finance company. Most business owners will agree that it is better to go for the latter option. Why? Well, banks often charge higher rates of interest, and it can be difficult and time-consuming to get the finance you need. You will also probably have to compromise on a few aspects. However, with a finance company, you will be able to secure business finance in Norfolk that is completely suited to you and your business’s needs.

Hopefully, you now have a better understanding of the options that are available to you in terms ofbusiness finance in Norfolk. You can’t go wrong if you choose a professional lending company.

Obtaining your forklift licence is the ultimate aim for you if you are looking to further your career within this industry. It is the mark of someone who can not only drive a forklift but drive it securely, efficiently and in a professional manner.

At Shield Health & Safety we offer a complete beginners forklift course for those with no knowledge or experience of driving a forklift whatsoever, to help you I am going to share a few tips on how to go about obtaining your forklift licence.

The Importance of your Forklift Licence

Before you even begin the training it is good to get an understanding of the importance of having professional training to get your forklift certificate and how this is valued by an employer or company.

A forklift operator is an important cog in a company`s wheel, employers like to feel confident that their forklift operators are not only qualified but skilled and confident in their own ability too. At the end of the day if you have an accident you will not only be damaging the company`s equipment or products but also their reputation too. Of course, there is also the risk of injury to yourself and others and even the possibility of the loss of life.

Therefore it is important to understand the importance of how you gain your forklift licence and with the correct training will give you the ability, skill and confidence to further your career.

It is not easy!

Be under no illusion, gaining your forklift licence is not easy, even with the best training in the world!

The preparation and the exam itself are both difficult and require full concentration from you as well as 100% commitment. With these two factors in your mindset you will be giving yourself the best possible chance of passing your examination with flying colours.

Our training instructors are there to help you and will try to ease you through the course and take on and overcome any challenges and obstacles you may have or face, you will have all the tools and knowledge you need to help you pass your examination, but of course you will still need that concentration and commitment!

The training itself

What your training will cover is very important and through the level of expertise and understanding of our trainers we aim to make the training an easier and enjoyable experience.

The main areas that we focus on are:

1. Safety – It goes without saying, forklift safety is paramount, they can be dangerous tools in a working environment and can potentially injure or even kill somebody. Our experienced trainers will enable you to learn all the health and safety aspects and regulations from the very beginning.

2. The Basics – Learning how to use the basic controls of the forklift and how to carry out all the basic manoeuvres and functions is obviously an important factor in passing your training. Our experienced trainers will not only show you the basics but also pass on various tips and tricks to enable you to get the very best out of your training.

3. Efficiency – The third step is putting all of these factors together, put them into practice to help you become quicker and more efficient in the use of a forklift while at the same time remaining safe at all times. You will be expected to complete all the basic tasks in a timely, efficient and safe manner.

These 3 steps are taught by our trainers, all of whom are ex-forklift drivers, and their ability and experience will show you just what a future employer will expect from you from day one.

At Shield we not only train you for your examination but we prepare you for your future and a role in the workplace.

If you would like more information about our Forklift Training Courses please give us a call on 01508 218721 or contact us via e-mail.

For more advice, information and tips you can follow us on Facebook, Twitter, LinkedIn and our website

HM Revenue & Customs (HMRC) has recently published a consultation document entitled “Improving Large Business tax Compliance”. Although, as the title suggests, the document is aimed at larger businesses, its content is of relevance to any business that wishes to manage effectively its relationship with HMRC.

The document puts forward three proposals:

• A requirement for large businesses to publish their tax strategy;
• A voluntary ‘Code of Practice on Taxation for Large Business’; and
• A targeted ‘Special Measures’ regime to tackle a small number of large businesses that persistently undertake aggressive tax planning or refuse to engage with HMRC in an open and collaborative manner.

It is the first two of these that are of wider interest.

A recent piece of independent research conducted for HMRC found that businesses with a greater tendency to take risks tended not to have written or published strategies. Those business that do articulate their strategies can be separated into two groups; those striving to be compliant and legal only (higher risk), and those committed to operating within the spirit as well as the letter of the law.

It is not surprising, therefore, that HMRC is keen for large businesses to make their tax strategies visible. Tax strategies that are terse or focus on ensuring that the business pays no more tax than is legally required might indicate higher risk organisations, which would be subject to increased scrutiny by HMRC.

But it is not just HMRC that will have an interest in a business’ tax strategy. In the current “tax climate” customers, employees, investors and other stakeholders will wish to know where the business stands in relation to its tax obligations.

A tax strategy document would usually provide a high-level commentary on the organisation’s approach to risk management, its attitude to tax planning (eg whether the business will operate within both the spirit and the letter of the law) and its approach to working with HMRC.

The tax strategy might also say whether the business will comply with HMRC’s proposed Code of Practice on Taxation. Broadly, this would require businesses to work in a collaborative and professional manner with HMRC, be open and transparent with HMRC as regards decisions that have a significant tax impact, and avoid structures that give a tax result that’s inconsistent with the underlying economic circumstances.

All businesses will have a tax strategy, although in many cases it will not be documented. Those businesses that see paying tax as a moral duty – perhaps part of their corporate social responsibility – are perhaps more likely to wish to publicise their policies. It should not be forgotten that Tax Inspectors have access to the internet, and so publishing tax policies on the business’ website could even have the benefit of heading-off unnecessary compliance checks or enquiries by HMRC.

Historically, businesses that want to be left alone by HMRC have tended to keep as quiet as possible. In future it might instead be in their interest to become a bit more visible.

P272 & P322 – Although sounding like the latest droids from the new Star Wars Film, they are in fact the latest energy industry rule changes supported by OFGEM.

They are a little confusing & do have some cost implications, but there is a silver lining.

P272 affects any organisation with a metering profile of 05, 06, 07 and 08. You can find this out by looking at the first two digits of your S Number this can be found on your latest bill.

There are an estimated 160,000 meters across the UK that will be affected by this regulation, 92 out of our 500ish clients have meters that fall under this regulation so it is possible.

If you would like to know a little more, we have produced this guide Peck Here

As a member of the Norfolk Chamber, we would be more than happy to check any bills that are sent to us, to let you know if you will be affected.

Why are you complaining about me?Because we’re at work and you’re damn hot!

Thank you for the nice comment, after all I am your closest star and you Brits very rarely see me!

Yes and we love you, but why are you making it so hot for us when we’re at work, can you not just come out at weekends or when we’re at the seaside, or better still on bank holidays?

That’s nature I’m afraid, you just never know when I’ll appear! Boom here I am 30oC in the shade.Yeah and 35oC in the office!

The issue you have in the UK is that your buildings are not suited to hot weather, your houses rarely have air conditioning fitted and offices that do have air con, are never suitable at the right time.

So what is the legal temperature to work in?

Over to my friend, the safety guy!

Thanks Sun… (Wow that’s weird)… Well frankly there isn’t one for our workplaces, but the temperature should provide reasonable comfort without the need for specific protective clothing.

The Workplace (Health, Safety and Welfare) Regulations 1992, Regulation 7 states, ‘During working hours, the temperature in all workplaces inside buildings shall be reasonable.’

Typical, it’s never specific is it!

Well that’s a good thing too, it means that your employer has to interpret what he sees as suitable for the workplace, the processes and the people within it. If you had set temperatures it means you’ll be closing all your buildings and sending people home all the time, however by indicating reasonable, it means adjustments can be made to ensure that you remain productive.

Well that kind of makes sense, but what is reasonable, are there any examples?

How the Regulation is implemented depends on the nature of the working environment i.e. is it a cold store, bakery, factory with heat generating processes, office or warehouse?

The temperature at work should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot weather, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable.

So it may mean sending out young Joe to get some fans or Naiomi may want to fetch ice creams. You could implement a dress down policy, provide extra breaks, rotate job processes so workers can take a break from hot processes, implement physical barriers from radiation (blinds). Whatever the methods you choose it should help maintain a comfortable workplace to be in. Obviously there may be days when it’s too hot, so you have no choice but to send people home to work.

Workplace thermal comfort should be risk assessed when more than 10% of your people (in offices) complain about the temperature. Your assessment will allow you to consider control measures to put in place.

You mentioned clothing, which makes sense to dress down, but my question is about footwear? Can we wear flip flops?

That will depend on your company policy, but you must consider the workplace and the hazards associated. I probably don’t have to tell you that a construction site is far more dangerous than a quiet office, but consider;

• The likelihood of items dropping on feet when carrying things
• Contact with plant and machinery (stubbed toes)
• Floor surfaces and whether they are smooth and slip resistant
• Any hygiene issues with open shoes
• Prohibiting wearing of ‘flimsy’ shoes in areas of greater risk
• Barefoot is probably a step too far in all workplaces (not illegal but is it reasonable?).

Do I have to provide air conditioning?

No not really, but you may wish to invest in it if you feel your production rates are dramatically affected by the weather, but that’s a management decision not legislative. Also following a risk assessment where people may be showing symptoms of heat stress it may be reasonably practicable to invest in it.

Will a thermometer help?

Yes it can but it won’t give a true reflection of thermal comfort for everyone and so you can consider the following:

• Increase air movement – stagnant air can make us feel stuffy, whereas moving the air artificially or naturally (by opening windows to create a through draft) can help reduce the temperature
• Reduce humidity – the moisture of air can affect the amount we sweat, sweating is the body’s natural way of keeping cool, the moisture on our skin cools when air passes over it
• Reduce radiant heat – heat generated from warm objects (machinery, glazing) can be considered.

During periods of hot weather, the obvious solution to a warm office is to switch on the air conditioning however, as with many employers, if you don’t have this then what options do you have?

There are a number of things you can do to make the working environment comfortable:

• Protect windows with blinds to block out sunlight and radiant heat and reduce glare on computer screens
• Provide employees with fans or portable air conditioning units
• Access to drinking water or supply additional refreshments
• Alternate work and provide longer rest periods in cool areas
• If possible, heavy work should be scheduled during the cooler parts of the day
• Consider implementing a summer dress code for particularly hot periods
• If natural light is sufficient, consider turning off lighting to reduce heat from florescent bulbs.

What about my workers outside?

You have a legal duty to ensure that the working environment is safe and to assess the risks of working in the sun. Educate and inform employees about the health implications that the sun can have and the importance of appropriately protecting and checking their skin for signs of change.

• Choose the right protective equipment and skin care products to include sun protection advice in routine health and safety training
• Consider scheduling work to minimise exposure during the hottest times of the day
• Encourage workers to wear clothes that protect their skin, wear a hat and use sunscreen
• Ensure and encourage sufficient access to water and rest areas in the shade
• Encourage workers to check their skin for unusual spots or moles that change size, shape or colour and seek medical advice if they find anything.

Don’t forget to consider those employees who are vulnerable, such as; pregnant women and those with medical conditions who can be affected by heat.

For more information on the working environment visit here.

Article by QDOS Consulting

Best use for aerial video for business

The Unmanned Aerial System (UAS), Quad-copter or drones as the popular press like to call them, have become notorious over recent years. Some of this notoriety is well found. Where they have earned a bad reputation is in part because they have become so accessible, people are flying them without the necessary experience in places where to be honest its dangerous to the public to fly these drones. It may also be illegal is some cases. So… there’s no real need to expand on the negative press about them, its well known and well documented.

Make a significant difference to the production values of as business film

As a professional business film maker, (www.aboutmybusinessvideo.co.uk ) however and to you the business owner, having the facility to use video and images filmed by a Phantom 3, Inspire 1 or any other drone for that matter, can make a significant difference to the production values of a business film. It also enables you to show and demonstrate aspects of your product or business that would not have been possible without aerial video. So when it’s available why not?

Increase property sales

There are some very unusual uses of drones on YouTube, which does make fascinating viewing. Many of these are around delivery of product, often food or mail. Even Amazon are suggesting they will be using drones soon.

However I believe the real value of using a drone is where the video camera is used to best effect. One use that you may have seen is to increase property sales.

Agents or vendors can use drones to shoot aerial stills of properties to show unusual angles or to use video to show the extent of grounds and facilities. I was recently contacted on Linked In… in response to a question I asked about how businesses are using video. A lady who I had worked with many years ago contacted me to tell me… as a property agent… they had used video to market property and had sold property to prospects who had only seen the video and not visited. A big advantage when you are looking for property from the other side of the world. Here is an example of a property agent sold on the idea https://www.youtube.com/watch?v=cEBzr5CiY8s#t=25

Smooth Internal shots show how living in a property might work for you

Internal shots of property can be taken using similar technology. The reason drone videos look so smooth is because the video camera is set on a gimbal which keeps the camera level, no matter what the attitude of the aircraft. For internal shots we a use a hand held 3 axis gimbal with a extremely hi resolution camera (4K) for internal smooth shots… to show how living in a property might work for a prospect… https://www.youtube.com/watch?v=QgiD0k342C8

Farmers Are Using Drones Out in the fields

Other boom areas for drone usage are security, survey and agriculture. Farmers and their consultants are using drones to take a closer look out in the fields and saving lots of money by doing so.

It might be that aerial footage is the best way to shoot a cinematic introduction to your video depending upon your business and situation. I am current making a film for a school with a rural situation and I plan to do just that.

Let us know how you want to use Video for your business

If you have any interesting uses for unmanned aerial systems or drones please let us know… as a business filmmaker I’m always on the look out for new and innovative ways to get cinematic shots.

Michael Brook

About My Business Video Company

The Business Video Specialists

[email protected]

07977493774