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GLOSSARY

Search definition

Published by a LexisNexis IP expert

What does Search mean?

The search in terms of a patent is where the search examiner searches the prior art to see what, if anything, is relevant for the examination of the patent.

The search occurs after the preliminary examination and, usually, before publication. It is possible for a unity objection to be made at this stage.

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Ireland—Surrender of lease—acting for the landlord—checklist

Ireland—Surrender of lease—acting for the landlord—checklist This Checklist sets out some of the key steps and issues that the landlord should consider when contemplating taking a surrender of a lease from its tenant. It is not exhaustive and you must always consider whether there are any other issues that need to be addressed in your particular circumstances. The Checklist assumes that: • the surrender is express and not by operation of law, and • there will be no re-grant in favour of the tenant immediately following the surrender This checklist can be read in conjunction with: Ireland—Surrender of lease—acting for the tenant—checklist. How to use this Checklist While the mechanics of a surrender of a lease are similar to a sale and purchase (because the tenant is selling and the landlord is buying), there are some differences. The first section (Key considerations) in this Checklist sets out key issues to consider with further detail in the table in Procedure when dealing with the surrender of a lease below. The table...

Checklist for application of a BVI grant

Checklist for application of a BVI grant Preliminary check Before making an application in the British Virgin Islands (BVI) for a grant of probate or letters of administration , the applicant should obtain at least the following information: • information relating to the deceased: ◦ name ◦ address ◦ domicile as at the date of death ◦ date and place of death ◦ if the deceased has passed away for more than three years, the reason for the delay in grant application ◦ marital status and family members ◦ whether the deceased left a Will; if so, whether the original Will is available; if not, the reason behind it ◦ whether any minority or life interests arise • assets: ◦ details of the BVI situs assets—if it is company shares, the company name, company number, number of shares held by the deceased and name of all company directors are needed ◦ value of the BVI situs assets at the time of application • applicant(s): ◦ name ◦ address ◦ occupation...

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DPIA or PIA screening—decision tree

DPIA or PIA screening—decision tree This Flowchart is designed to help you identify whether you must complete a data protection impact assessment (DPIA) when starting a new project involving personal data. It reflects: • three circumstances under which a DPIA is compulsory under Article 35(3) of Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR); and • a further ten types of processing for which the Information Commissioner’s Office (ICO) mandates that a DPIA must be conducted In circumstances where a DPIA is not required, you should consider conducting a simpler type of assessment, which we have called a privacy impact assessment (PIA). This Flowchart will help you establish which assessment (DPIA or PIA) is most suitable for your project. For more guidance on DPIAs and PIAs, see Practice Note: How to complete a data protection impact assessment—DPIA. See also Precedents: • Data protection impact assessment—DPIA and Data protection impact assessment—DPIA—short form • Privacy impact assessment Note 1 A DPIA is compulsory in the...

UK trade mark application—flowchart

UK trade mark application—flowchart This Flowchart provides an overview of the UK trade mark application process. The first stage covers pre-application steps including obtaining clearance searches and considering barriers to registration. The second stage outlines the process beginning with submission of a trade mark application to the UK Intellectual Property Office (IPO) and ending with registration of the trade mark. Step 1—pre-application steps Relevant materials: • Trade mark transactions and management—overview • Practice Note: Trade mark registration—strategy • Practice Note: Absolute and relative grounds for refusal to register a UK trade mark • Practice Note: Managing a trade mark portfolio • Precedent: Trade mark search sheet • Precedent: Trade mark filing sheet • Practice Note: Trade mark coexistence agreements • Q&A: What do I need to know

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EU trade marks (EUTMs)

What is an EU trade mark and why register one?An EU trade mark (EUTM) registration is a single trade mark covering all EU Member States.An EUTM is obtained by means of a single trade mark application filed at the EU Intellectual Property Office (EUIPO), located in Alicante, Spain.Obtaining an EUTM is cheaper than registering national trade marks in more than three Member States. For information about fees, see: EUIPO Fees.An EUTM can form the basis of an international registration and an international registration can form the basis of an EUTM application. For more information, see Practice Note: Madrid international trade mark system.EUTMs are registered for a period of ten years from the date of filing the application and can be renewed indefinitely for subsequent ten-year periods.An EUTM allows for an EU-wide application for action to be lodged with the customs authorities, which enables them to seize and detain infringing goods, and for pan-EU injunctions against infringement to be obtained. For more information, see Practice Notes: IP enforcement and the EU...

Application to register a UK trade mark

This Practice Note provides guidance on applying to register a trade mark at the UK Intellectual Property Office (IPO). It deals with issues relating to conducting searches before making an application, the three-phase application process, making the application for registration, application fees, filing dates, claiming priority, classification of goods and services, search and examination, eligibility of the mark, absolute and relative grounds of refusal, examiner's objections, and publication of the application. It covers relevant provisions of the Trade Marks Act 1994 (TMA 1994).The registration of a trade mark gives the owner the exclusive right to prevent others from using that mark without their consent. It is important that any individual or company wishing to use a name or brand in respect of particular goods or services applies to register that mark to benefit from maximum protection.For more information about infringement of trade mark registrations, see Practice Note: Trade mark infringement—UK. Seeking protection through the common law tort of passing off for unregistered marks is dealt with in Practice Note: Introduction...

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Fraud risk management training materials—post-training assessment questions

Fraud risk management training materials—post-training assessment questions How to use this test These questions are designed to test your understanding following training on fraud risk management. After you have completed this test, please return it to [insert name]. General Name of person completing test [Insert name] Role [Insert role] Date [Insert date] Multiple choice questions Circle the correct answer. Question Multiple choice answers 1. What is fraud? (a) Soliciting or accepting a bribe(b) A crime that involves deception or theft to gain an advantage(c) Exercising powers of ownership over a person 2. How can a company commit the failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023? (a) By not having reasonable measures in place(b) By having reasonable measures in place(c) By not having reasonable measures in place because the risk was very low 3. The only relevant defence to a failure to prevent fraud charge, is that [insert organisation name] had reasonable prevention procedures in place, or that it was not...

Letter requesting adverse documents under Business and Property Courts Disclosure Scheme

Letter requesting adverse documents under Business and Property Courts Disclosure Scheme [Insert name and address of recipient] [Insert date] PRIVATE, CONFIDENTIAL AND PRIVILEGED Dear [insert name of recipient] [Insert case name and claim number] We [are a firm of solicitors and] act for [name of client], your [former] employer. We write further to [our OR [name of (former) employer]] letter of [insert date][, a copy of which is enclosed for your ease of reference]. In addition to [the Company’s OR the organisation’s] obligations to preserve any 'documents' which might be relevant to the proceedings, [the Company OR the organisation] must also, among other things, disclose to its opponent[s] in the proceedings various 'documents' relevant to the dispute and, in particular, those which are or may be ‘adverse’ to its case. A document is ‘adverse’ if it, or any information it contains: contradicts or materially damages [the Company’s OR the organisation’s] contention or version of events on an issue in dispute; or...

Dive into our 98 Precedents related to Search

A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions?

A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions? Disclosure statement CPR 31.10 sets out the procedure for giving standard disclosure. This requires a party to make a list of documents in the relevant practice form (N265) which includes a disclosure statement (see the annex to CPR PD 31A). CPR 31.10(5) requires a list of documents to include a disclosure statement which should indicate the individual statements listed in CPR 31.10(6): • setting out the extent of the search undertaken to locate documents to be disclosed • certifying that the party giving disclosure understands the duty to disclose documents • certifying to the best of his knowledge he has carried out that duty Unless the parties have agreed in writing that...

Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure?

Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure? In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ)....

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UK Competition law—daily round-up (17/06/2025)

A round-up of UK competition law developments, including the CMA updates its procedural complaints guidance.

Crypto seizures and the limits of UK enforcement powers

Corporate Crime analysis: Matthew Cowie and Ulrich Schmidt of Rahman Ravelli review UK law enforcement powers to seize cryptoassets in criminal prosecutions and civil recovery proceedings and conclude that enforcement powers to access non-custodial crypto wallets are limited where criminals refuse to divulge their private keys.

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