The following IP practice note provides comprehensive and up to date legal information covering:
The tables in this Practice Note set out the key differences between the various unregistered and registered design rights available in the UK, both before and after the UK’s exit from the EU.
The four design rights available in the UK prior to IP completion day (ie including during the implementation period for the Withdrawal Agreement signed by the UK and EU) are set out below.
Registered design rights:
UK registered designs
registered Community designs (RCDs) (in force across the entire EU)
Unregistered design rights:
UK unregistered design right (also known as ‘design right’)
unregistered Community designs (UCDs) (in force across the entire EU)
Each of the above rights differs in terms of qualifying criteria, scope and duration of protection. UK registered designs, RCDs and UCDs have a significant amount in common with each other, while UK unregistered design right is quite distinct.
The Designs Directive (Directive 98/71/EC) harmonised the requirements for national registered design protection across the EU. It was incorporated into UK law through amendments to the Registered Designs Act 1949 (RDA 1949), which governs UK registered designs.
UK unregistered design rights operate under a separate regime under the Copyright, Designs and Patents Act 1988 (CDPA 1988).
Regulation (EC) 6/2002 established the RCD and UCD, which are unitary rights, covering the whole of the EU.
Following IP completion day, the UK is no longer part of the Community designs
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This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
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
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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