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.
Some of the world's most visited sites such as eBay, Alibaba, Facebook and Twitter have faced criticism from some brand owners for their failure to police IP infringements that take place on their sites.
The form of infringement may differ depending on the particular site. For example, sellers of counterfeit goods can use online marketplaces such as eBay, Amazon and Alibaba. On social media sites such as Facebook and Twitter, third parties can pose as famous brands and post damaging material as well as advertise fake goods. What unifies these sites is that they offer online commercial and information society services and thus fall within the remit of Directive 2000/31/EC (the E-Commerce Directive).
Counterfeiters and infringers use search engines, auction sites and social networking sites to promote and sell their products. The extent to which the owners of these sites should be liable for the infringements of the site users is an evolving area of law. Should internet service providers (ISPs) that allow the unauthorised use of brands on their sites
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This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s behalf. It considers the principal’s liability for its agent, agent’s authority including remedies for breach of authority, fraud and misrepresentation,
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The magistrates' court is likely to decline jurisdiction if there are repeated threats or a visible weapon.Elements of the offence of threats to killThe
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard Commercial Property Conditions (Second Edition) (the Second Edition), which was published in June 2004. It is intended to reflect the changes in law and
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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