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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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
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