GLOSSARY

Royalty definition

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What does Royalty mean?

In this Part “royalty” means a royalty in respect of the enjoyment or exercise of rights that constitute an asset'>intangible fixed asset.

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US—trademark infringement and false designation of origin claims, remedies, and defenses

US—trademark infringement and false designation of origin claims, remedies, and defenses This Practice Note was originally written for Lexis Practice Advisor®, in the US. This Practice Note discusses trademark infringement and false designation of origin claims under the Lanham Act, including standing requirements, the necessary elements to prove such claims, and potential remedies (including injunctive relief, damages, and attorneys’ fees). It also provides an overview of defenses that are commonly asserted in trademark actions. Trademark owners may bring actions to stop others from using, copying, or otherwise damaging their trademarks or service marks (collectively, trademarks or marks). In fact, trademark owners (and sometimes exclusive licensees) have a legal duty to police and enforce their rights. Failure to do so could lead to a loss of rights. Trademark owners should consider bringing a lawsuit when: • immediate action is necessary to protect the mark from irreparable injury • less formal methods of resolving the dispute have failed (eg a cease and desist letter has been ignored) • to stave off an action by an adversary (eg the ‘race to the courthouse’) The most common trademark claims, which are discussed in this Practice Note, are: • trademark infringement (for registered marks). Section 32 of the Lanham Act, 15 U.S.C. § 1114(1), governs trademark infringement claims • false designation of origin (for unregistered marks). Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), broadly speaking, protects against

Patents tracker

Patents tracker This Practice Note is intended to be used to track the progress of judgments, legislative proposals and consultations related to patents. For archived items on patents, see Practice Note: Patents tracker [Archived]. Judgments—Supreme Court What's happening? When? Find out more Secretary of State for Health and another (Appellants) v Servier Laboratories Ltd and others (Respondents) [2021] UKSC 24UKSC 2019/0172 2 July 2021: Supreme Court judgment delivered.14 April 2021: Supreme Court hearing.11 March 2020: permission to appeal to the Supreme Court granted.12 July 2019: Court of Appeal judgment delivered. Damages claim following injunction in patent proceedings This case concerns Servier’s enforcement of the UK designation of its patent for the alpha crystalline form of the tert-butylamine salt of perindopril (in particular by obtaining injunctions against other pharmaceutical companies) and the later finding that the patent was invalid.The Secretary of State for Health (SoS) buys drugs on behalf of the NHS. SoS argued that such conduct by Servier amounted to a making an unlawful profit by enforcement of the rights of a patented product in order to charge higher prices to the NHS. SoS failed at the High Court, the Court of Appeal and now at the Supreme Court in the UK to argue that Servier’s conduct was intentional, deceitful and caused economic damage to SoS and thus, the tax payer.Further information:—LNB News 02/07/2021 82—News Analysis: Triumph

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Personal data sharing agreement—independent controllers—one-way

Personal data sharing agreement—independent controllers—one-way This Agreement is made on [date] Parties 1 [insert name of disclosing party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Disclosing Party), and 2 [insert name of receiving party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Receiving Party), (each of the Disclosing Party and the Receiving Party being a party and together the Disclosing Party and the Receiving Party are the parties). Background (A) The parties have identified a requirement to share the Shared Data for the Permitted Purpose. (B) The parties have decided to create a framework for the [systematic OR ad-hoc OR one-off] sharing of the Shared Data, which is likely to require sharing of the Shared Personal Data. (C) The Disclosing Party considers that it may share the Shared Personal Data with the Receiving Party on the legal basis of the Permitted Lawful Basis. (D) [The parties have completed a data protection impact assessment in respect of the planned sharing of the Shared Personal Data under this Agreement, and have agreed that this Agreement will assist with mitigating certain risks that have been identified.] (E) The parties’ objectives in sharing the Shared Personal Data, and the reasons why that is necessary, are set out at paragraphs 1

Short form of consultant’s appointment

Short form of consultant’s appointment This Agreement is made on the [insert date] day of [insert month and year] Parties 1 [Insert Employer name] (Company Registration No. [insert number] whose registered office is at [insert office]) (the 'Employer' which term shall include all permitted assignees or other transferees under this Agreement); and 2 [Insert Consultant name] (Company Registration No. [insert number] whose registered office is at [insert office]) (the 'Consultant') Whereas (A) The Employer has entered into or proposes to enter into a contract with [insert name of contractor] of [insert contractor's address] for the [design and] construction of a [insert brief description of the project] (the ‘Project’) at [insert location of site] (the 'Building Contract'). (B) The Employer wishes to appoint the Consultant to perform the services set out in Schedule 1 (the 'Services') in accordance with the Agreement It is hereby agreed as follows 1 Definitions and Interpretation 1.1 In this Agreement the following expressions shall have the following meanings: [Beneficiaries • any and all [Funders] [Purchasers] [Tenants] ] Copyright Documents • data and/or documents (whether hard copy or stored on electronic media) including surveys, investigations, studies, reports, plans, drawings, specifications, models, calculations, schedules of work, programmes, method statements, budgets and cost plans Fee • £[insert fee] exclusive of VAT [Funder • means a party (acting for itself and, where it leads for a syndicate of persons, as agent and trustee for them) who agrees to provide or

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If an artist commissions artisans (a ceramicist and metalworker) to do parts of a work for him and then he sells the final piece, are there subsisting copyrights in the works done by each of the artisans (which would need to be transferred to him by contract)? If so, given that the artist's resale right can't be waived, would they have to be compensated under the rules or directives on a qualifying sale of the composite item? Would a qualifying sale of the composite item be the first sale given that the artisans were already paid for their contribution? And how will an artist's resale right work after Brexit?

If an artist commissions artisans (a ceramicist and metalworker) to do parts of a work for him and then he sells the final piece, are there subsisting copyrights in the works done by each of the artisans (which would need to be transferred to him by contract)? If so, given that the artist's resale right can't be waived, would they have to be compensated under the rules or directives on a qualifying sale of the composite item? Would a qualifying sale of the composite item be the first sale given that the artisans were already paid for their contribution? And how will an artist's resale right work after Brexit? Where an artist commissions artisans (for example, a ceramicist and a metalworker) to do parts of a work for him and then sells the final piece: 1. Are there subsisting copyrights in the works done by each of the artisans (which would need to be transferred to the artist by contract)? Potentially, there are subsisting copyrights in the works done by each of the artisans. The artists and artisans may be ‘joint authors’. This will however turn on whether the work carried out by the commissioned artisans is, in terms of originality, of ‘the right kind of skill and labour’ (Fylde Microsystems Ltd v Key Radio Systems Ltd), and of a sufficient amount. This will depend on the facts

Manufacturer/sales distributor (A) with UK/EU design registrations and marketing rights worldwide demands a UK reseller of similar products (B) to cease and desist from infringing A’s IP rights and requests other remedies including details of B’s manufacturers, suppliers and distributors. What defences and solutions are open to B, an unintentional infringer, if it saw design product similarities but understood the non-EU manufacturer had all necessary permissions, rights, licences, etc to manufacture the goods B bought ‘off the peg’ for resale?

Manufacturer/sales distributor (A) with UK/EU design registrations and marketing rights worldwide demands a UK reseller of similar products (B) to cease and desist from infringing A’s IP rights and requests other remedies including details of B’s manufacturers, suppliers and distributors. What defences and solutions are open to B, an unintentional infringer, if it saw design product similarities but understood the non-EU manufacturer had all necessary permissions, rights, licences, etc to manufacture the goods B bought ‘off the peg’ for resale? This Q&A assumes that B's reselling activities are limited to the UK. UK Registered Design Rights The putting on the market, importing and/or using of a product incorporating a design which does not differ in its overall impression from a UK Registered Design will, absent any defence, infringe a UK Registered Design (sections 7 and 7A of the Registered Designs Act 1949 (RDA 1949)). All remedies available for infringement of other IP rights are available to Registered Designs. In proceedings for infringement of a UK Registered Design, damages shall not be awarded against a defendant which proves that at the date of infringement, it was not aware and had no reasonable ground for supposing that the design was registered (RDA 1949, s 24B(1)). A person shall not be deemed to be aware that a design was registered by reason only of the marking of a product with the word

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Damages—no turning back

IP analysis: The winner in an IP infringement action will normally ask the court for an order for procedures to take place so that a proper level of compensation or restitution can be calculated. There are two different ways in which the money can be calculated, namely an inquiry as to damages, and an account of profits. The two remedies are mutually exclusive. The winner has to opt for one or the other. Gregor Grant of Marks & Clerk, considers what happens if the winner opts for one remedy, then later changes its mind.

Tax weekly highlights—2 June 2022

This week's edition of Tax weekly highlights includes: (1) the Chancellor’s announcement on 26 May 2022 about an energy profits levy, (2) the FTT decision in Whispering Smith which applied the Supreme Court decision in Haworth in relation to follower notices and (3) the FTT in Tower One St George Wharf denying SDLT group relief because of tax avoidance.

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