Baker McKenzie

Experts

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Adam Farlow
Baker McKenzie
Alex Willis
Solicitor (Associate)
Baker McKenzie
Annabel Mackay
Baker McKenzie
Birgit Clark
Lead Knowledge Lawyer
Baker McKenzie
Caspar McConville
Baker McKenzie
Charles Farnsworth
Baker McKenzie
Edward Poulton
Baker McKenzie
Ekaterina Finkel
Baker McKenzie
Esteban Rópolo
Baker McKenzie
Gill Murdoch
Senior Associate
Baker McKenzie
Hugh Lyons
Baker McKenzie
Jason Raeburn
Solicitor
Baker McKenzie
Jaspreet Takhar
Baker McKenzie
Jeremy Edwards
Partner
Baker McKenzie
Jo Delaney
Baker McKenzie
John Leadley
Partner
Baker McKenzie
John Groom
Senior Associate
Baker McKenzie
Josh Boyden
Solicitor
Baker McKenzie
Julia Dickenson
Senior Associate
Baker McKenzie
Julia Wilson
Partner
Baker McKenzie
Kate Corby
Partner
Baker McKenzie
Katherine Lang
Baker McKenzie
Kathy Harford
Knowledge Lawyer
Baker McKenzie
Kim Sartin
Partner
Baker McKenzie
Laura Pattison
Solicitor
Baker McKenzie
Oanh Nguyen
Local Partner, (Vietnam)
Baker McKenzie
Paul Harrison
Of Counsel
Baker McKenzie
Rachel Wilkinson-Duffy
Senior Trade Mark Associate
Baker McKenzie
Richard Powell
Baker McKenzie
Stephen Ratcliffe
Baker McKenzie
Steve Holmes
Partner
Baker McKenzie
Tom McNaughton
Solicitor
Baker McKenzie
Victoria Kirsch
Solicitor (associate)
Baker McKenzie
Contributions by Baker McKenzie

11

Argentina merger control
Argentina merger control
Practice notes

A conversation with Esteban Rópolo, attorney at Argentine law firm Baker & McKenzie Sociedad Civil on key issues on merger control in Argentina. This is part of our collection of over 125 maintained national merger control guides.

Dealing with lookalike products
Dealing with lookalike products
Practice notes

Lookalike products mimic or call to mind a well-known or popular product. Manufacturers of lookalike products are usually careful to avoid obvious infringement of intellectual properly rights so it can be difficult for brand owners to take action. This Practice Note examines how rights holders can prevent or limit lookalike products with reference to: trade mark rights; copyright; design rights and passing off.

IP enforcement and the EU customs regime
IP enforcement and the EU customs regime
Practice notes

This Practice Note considers Regulation (EU) 608/2013 (the Customs Regulation), which replaced Regulation (EC) 1383/2003. The Customs Regulation sets out the mechanism by which customs authorities across the EU enforce intellectual property rights—eg the seizure of counterfeit and pirate goods. This Practice Note: examines the requirements of the Customs Regulation; considers how this has changed from the previous EU customs system; and provides practical guidance on completing the 'application for action' and overcoming common issues with the EU customs system.

Trade mark litigation—case management, disclosure and inspection, evidence and trial
Trade mark litigation—case management, disclosure and inspection, evidence and trial
Practice notes

This Practice Note is part of a series of Practice Notes summarising the main stages in High Court trade mark litigation. The note focuses on case management and the related topics of evidence disclosure and inspection, obtaining and preparing witness evidence and other general preparation for trial. It covers the Intellectual Property List (Chancery Division) of the High Court, which is part of the Business and Property Courts. The Intellectual Property List has three sub-lists: the Intellectual Property sub-list, the Patents Court sub-list and the Intellectual Property Enterprise Court (IPEC) sub-list.

Trade mark litigation—costs and timetable
Trade mark litigation—costs and timetable
Practice notes

This Practice Note is part of a series of Practice Notes summarising the main stages in High Court trade mark litigation. It covers the Intellectual Property List (Chancery Division) of the High Court, which is part of the Business and Property Courts. The Intellectual Property List has three sub-lists: the Intellectual Property sub-list, the Patents Court sub-list and the Intellectual Property Enterprise Court (IPEC) sub-list.

Trade mark litigation—pre-litigation
Trade mark litigation—pre-litigation
Practice notes

This Practice Note is part of a series of Practice Notes summarising the main stages in High Court trade mark litigation. It focuses on: the steps to be considered before issuing a claim; providing practical advice on pre-action conduct; unjustified threats; and preparing a claim. It covers the Intellectual Property List (Chancery Division) of the High Court, which is part of the Business and Property Courts. The Intellectual Property List has three sub-lists: the Intellectual Property sub-list, the Patents Court sub-list and the Intellectual Property Enterprise Court (IPEC) sub-list.

Trade mark litigation—starting proceedings and statements of case
Trade mark litigation—starting proceedings and statements of case
Practice notes

This Practice Note is part of a series of Practice Notes summarising the main stages in High Court trade mark litigation. It covers the Intellectual Property List (Chancery Division) of the High Court, which is part of the Business and Property Courts. The Intellectual Property List has three sub-lists: the Intellectual Property sub-list, the Patents Court sub-list and the Intellectual Property Enterprise Court (IPEC) sublist. The Practice Note focuses on the initial stages of litigation, providing practical guidance on issuing proceedings and preparing statements of case (eg particulars of claim and defence).

Vietnam—cross border banking and finance guide
Vietnam—cross border banking and finance guide
Practice notes

This cross border Banking & Finance guide provides a summary of the key issues for lenders providing commercial loan facilities in Vietnam including loan markets and recent developments, lending, security and guarantees, enforcement, intercreditor issues and governing law and disputes

Intellectual property assignment—pro-assignee
Intellectual property assignment—pro-assignee
Precedents

This Precedent is an intellectual property assignment (IP assignment) drafted from the perspective of the assignee. This document can be used to assign specific identified IP rights or a class of rights identified in respect of a defined work. The further assurance provisions include a power of attorney enabling the assignee to step into the assignor’s shoes and act on the assignor’s behalf to complete relevant acts necessary to give full effect to the terms of agreement. This is the most advantageous position for the assignee. Including the power of attorney means that the document must be executed as a deed. (The pro-assignor version of the IP assignment is set out as an agreement).

Intellectual property assignment—pro-assignor
Intellectual property assignment—pro-assignor
Precedents

This Precedent is an intellectual property assignment (IP assignment) drafted from the perspective of the assignor. The agreement can be used to assign specific identified intellectual property rights or a class of rights identified in respect of a defined work.

Trade mark—letter of consent
Trade mark—letter of consent
Precedents

This is a Precedent short form letter of consent. It is intended to be used by a brand owner to document the granting of an authorisation to use specific registered trade marks in limited, precisely delineated circumstances. A form of agreement such as this would be most appropriate for a low value or non-commercial matter.

Contributions by Baker McKenzie Experts

31

Challenging arbitral jurisdiction and anti-suit measures in Australia
Challenging arbitral jurisdiction and anti-suit measures in Australia
Practice notes

This Practice Note considers challenging arbitral jurisdiction and anti-suit measures in Australia. It addresses staying court proceedings in favour of arbitration, the power to grant anti-suit injunctions and challenging decisions by arbitral tribunals on jurisdiction.

Debt securities—10b-5 letters
Debt securities—10b-5 letters
Practice notes

This Practice Note explains 10b-5 letters delivered to underwriters by issuers’ and underwriters' counsel in connection with offerings of securities in the United States and covers: (1) US federal securities law liability and the due diligence defence, (2) contents of a 10b-5 letter (definition of scope of offering documentation, description of scope of activities undertaken, disclaimer of independent verification, negative assurance and exclusions),and (3) impact of 10b-5 letters on non-SEC-registered securities offerings

Debt securities—what is the role of the underwriters/managers?
Debt securities—what is the role of the underwriters/managers?
Practice notes

This Practice Note provides an overview of the role of the entities acting as underwriters/managers in an issuance of debt securities in the capital markets (particularly an international offering to investors in multiple countries, including the US). It includes an overview of underwriting and managers' responsibilities, a description of the key transaction documents to which they are typically a party and a summary of certain risks faced by managers in an offering of debt securities.

Equality Act 2010—discrimination in the provision of goods, services and facilities
Equality Act 2010—discrimination in the provision of goods, services and facilities
Practice notes

This Practice Note summarises the law and provides practical guidance to service providers in respect of their obligations to provide goods, services and facilities to their customers in a non-discriminatory way under the Equality Act 2010 (EqA 2010). It explains the protected characteristics under EqA 2010 and gives practical and case law examples of the forms of direct discrimination, discrimination by association, discrimination by perception, indirect discrimination, harassment, victimisation and discrimination arising from a disability, and examples of what can be done to avoid discrimination. It also examines enforcement and remedies relating to EqA 2010 claims and its territorial scope.

FAQs on UK share schemes registration and annual returns
FAQs on UK share schemes registration and annual returns
Practice notes

This Practice Note sets out some Frequently Asked Questions which practitioners and companies have raised with HMRC in relation to the registration and online annual return filing processes that were introduced by the Finance Act 2014. This Practice Note is written in partnership with Jeremy Edwards and Gill Murdoch of Baker McKenzie LLP.

Impact of Brexit on share awards/schemes
Impact of Brexit on share awards/schemes
Practice notes

This Practice Note examines the impact that Brexit and the upcoming end of the transition period on 31 December 2020 will have on various aspects of share schemes. This Practice Note is produced in partnership with Jeremy Edwards and Gill Murdoch of Baker McKenzie LLP

Interim remedies in arbitrations relating to Australia
Interim remedies in arbitrations relating to Australia
Practice notes

This Practice Note considers the availability of interim remedies in support of arbitrations relating to Australia. It considers powers of arbitral tribunals in Australia to grant interim remedies, emergency arbitration under the ACICA Rules, powers of the Australian courts to issue interim remedies in support of arbitration proceedings, enforcement of interim measures in the Australian courts, and the general process for applying for interim remedies before the Australian courts.

Internationally mobile employees with employment-related securities
Internationally mobile employees with employment-related securities
Practice notes

This Practice Note discusses the taxation of internationally mobile employees (IMEs) and directors in relation to employment-related securities charged to tax within Part 7 of the Income Tax (Earnings and Pensions) Act 2003. It focuses on both the income tax and National Insurance contributions implications in these circumstances. This Practice Note is written in partnership with Jeremy Edwards and Gillian Murdoch of Baker Mackenzie.

Internationally mobile employees with securities options
Internationally mobile employees with securities options
Practice notes

This Practice Note discusses the taxation of internationally mobile employees (IMEs) and directors in relation to securities options charged to tax within Chapter 5 of Part 7 of the Income Tax (Earnings and Pensions) Act 2003. It focuses on both the income tax and National Insurance contributions implications in these circumstances. This Practice Note is written in partnership with Jeremy Edwards and Gillian Murdoch of Baker McKenzie.

IP and music agreements for artists and songwriters
IP and music agreements for artists and songwriters
Practice notes

This Practice Note considers IP rights in the context of certain artist/songwriter-focused music agreements. It outlines the various rights that subsist in a song and considers how these can be exploited. The main agreements covered are music publishing agreements, catalogue representation agreements, band agreements, record label agreements and production agreements. Issues relating to brand protection and image rights for musical artists are also considered.

Long-term incentive plans—benefits and issues
Long-term incentive plans—benefits and issues
Practice notes

This Practice Note discusses some of the key potential benefits and issues that a company should consider when deciding whether to implement a long-term incentive plan (LTIP).

Long-term incentive plans—capital gains tax consequences
Long-term incentive plans—capital gains tax consequences
Practice notes

This Practice Note provides a general overview of the current capital gains tax (CGT) consequences for UK resident employees who have been granted awards under a long-term incentive plan (LTIP).

Long-term incentive plans—income tax and NICs treatment
Long-term incentive plans—income tax and NICs treatment
Practice notes

The long-term incentive plan (LTIP) is commonly set up as an umbrella plan, under which different types of awards can be made. This Practice Note provides an overview of the income tax and National Insurance contributions treatment of the main types of LTIP awards granted to UK employees.

Product safety notification and corrective actions
Product safety notification and corrective actions
Practice notes

This Practice Note describes the consumer product safety corrective action regimes in the UK, including in particular when and how to notify relevant authorities of a product safety issue, the relevant guidance on conducting risk assessments and what corrective action should, or must, be taken when a product is deemed unsafe.

Protection of geographical indications
Protection of geographical indications
Practice notes

This Practice Note sets out a summary of the protection that can be obtained for geographical indications (GIs) and designations of origin, including appellations of origin, protected designations of origin (PDOs) and protected GIs (PGIs). It considers how appellations of origin, PDOs and PGIs interact with trade mark law. It sets out details of the international framework for protection pursuant to the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) alongside the protection afforded by EU law for agricultural products and foodstuffs pursuant to Regulation (EU) 1151/2012, for wine pursuant to Regulation (EU) 1308/2013 and for spirits pursuant to Regulation (EU) 2019/787. It also considers the relevant protections under UK law, including the UK’s own PGI scheme—put in place once the EU regime was no longer applicable here—as well as the limited protection available under the Trade Marks Act 1994.

Regulation of e-cigarettes
Regulation of e-cigarettes
Practice notes

This Practice Note explains the regulatory frameworks which may apply to electronic cigarettes. It provides an introduction to the regime governing e-cigarettes as consumer products, and considers when e-cigarettes may be classified as medicinal products and/or medical devices.

Precedent Defined Benefit (DB) Transfer Form
Precedent Defined Benefit (DB) Transfer Form
Precedents

This document provides a precedent form for a scheme member to request a transfer of all of their defined benefits out of a UK occupational pension scheme to another UK pension scheme.

Other Work
Compliance with the Equality Act 2010 by service providers—checklist
Compliance with the Equality Act 2010 by service providers—checklist

This Checklist consists of practical steps which service providers can take in relation to their provision of goods, services and facilities in a way that is compliant with their obligation not to discriminate between customers under the Equality Act 2010. See also Practice Note: Equality Act 2010—discrimination in the provision of goods, services and facilities.

Product liability—corrective actions—checklist
Product liability—corrective actions—checklist

This Checklist sets out the key issues when dealing with a product liability or safety matter which requires a corrective action, such as a product recall. When considering corrective action relating to a product liability or safety issue, it is advisable to have reference to the government-backed Code of Practice (PAS 7100) that was produced by the Office for Product Safety and Standards (OPSS) in combination with the British Standards Institution (BSI), the UK's national standards body, and sponsored by the Department for Business, Energy and Industrial Strategy (BEIS). While the guidance contained in the Code of Practice is not legally binding, BEIS has indicated that it expects compliance with the spirit and letter of the Code of Practice.

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