The following IP practice note 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. There are several such offices, two in Africa (the African Regional Intellectual Property Organization (ARIPO) and Organisation Africaine de la Propriété Intellectuelle (OAPI)), the Eurasian Patent Office (covering a number of ex-Soviet States), the Gulf Co-operation Office and the European Patent Office (EPO).
Despite Brexit, the UK remains part of the European patent system and can continue to be designated in European patent applications because the EPO and the European Patent Convention (EPC) (the international treaty which establishes the procedure for the granting
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
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