The following IP practice note Produced in partnership with Bristows 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.
Copyright protects the original expression of an author’s ideas, rather than the ideas themselves. It does not confer a monopoly on the copyright holder. Works which are similar or identical to a copyright work can therefore coexist lawfully provided they are not unauthorised copies. In the EU and the UK, copyright applies automatically and does not require registration.
Copyright protection generally covers original: musical, dramatic, literary, and artistic works (all of which must be recorded in some form); sound recordings; films; typographical arrangements of published editions and broadcasts; databases (which may be covered by a database right or copyright); source code, user code and preparatory design material, in certain circumstances a user interface, logic, algorithms or programming languages.
Central to the philosophy of the EU are the rules which ensure the free movement of goods between Member States (the free-movement rules). Article 34 TFEU prohibits barriers to cross-border trade in goods within the internal market. Article 36 TFEU provides
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The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to settle; related criminal proceedings; an opportunity to
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set
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