The following IP practice note Produced in partnership with IP Asset LLP provides comprehensive and up to date legal information covering:
A patent for an invention grants the proprietor the right to exclude others from using the invention within a particular jurisdiction for a limited period of time. A patent only comes into being once it has been registered—in most countries this requires the patent application to be examined by the national patent office to confirm that it satisfies the patentability requirements. The process of writing and filing a patent application and the examination of the patent application by the patent office is referred to as patent prosecution.
While patent law remains a largely national law, with national patent offices operating in each territory to examine and grant patent applications and national courts dealing with enforcement of those national patents, in some areas of the world, countries have developed regional patent offices which are able to examine and grant patents for all Member States. By taking advantage of these regional filings, an applicant can cut down on the number of patent applications which need to be filed and prosecuted. There are several such offices, two in Africa (African Regional Intellectual Property Organization and Organisation Africaine de la Propriété Intellectuelle), the EurAsian Patent Office (covering a number of ex-Soviet States), the Gulf Co-operation Office and the European Patent Office (EPO).
In addition, a number of international treaties exist. They are designed to harmonise patent protection across the globe
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Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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