The following IP practice note provides comprehensive and up to date legal information covering:
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights.
A growing proportion of retail sales are taking place online. Many consumers purchase goods via online marketplaces, such as Amazon, eBay and Alibaba. National boundaries have become blurred and counterfeiters and infringers can better hide their identity online. Brand owners therefore face a challenge in tackling the sale of counterfeit and infringing products online.
Brand owners may have to tackle multiple types of infringement:
trade mark infringement, for example:
sale of counterfeit goods bearing the brand owner's logo or brand name. In a virtual shopping environment it is difficult for consumers to distinguish genuine products from copies
parallel imports or grey market goods—products intended for sale outside the EEA that are put on the market within the EEA without the brand owner's permission
sale of generic goods being sold in a 'shop' bearing the brand owner's name. The consumer is under the misapprehension that the goods originate from the brand owner at the point of sale
copyright infringement, for example:
using proprietary product
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
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This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
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