The following IP practice note provides comprehensive and up to date legal information covering:
This Practice Note refers to both UK trade mark registrations and EU trade mark (EUTM) registrations and includes references to both UK and EU case law and legislation. From 1 January 2021, the UK is no longer part of the EUTM regime and is no longer subject to Regulation (EU) 2017/1001, although provision has been made, pursuant to the Trade Marks (Amendment etc) (EU Exit) Regulations 2019, SI 2019/269 and the Designs and International Trade Marks (Amendment etc) (EU Exit) Regulations 2019, SI 2019/638, for the holders of EUTMs to automatically become holders of comparable national UK trade mark registrations which are governed by the Trade Marks Act 1994 (TMA 1994). For further information, see Practice Note: What does IP completion day mean for intellectual property?
The comparable right created is known as a ‘comparable trade mark (EU)’ (or, for international registrations which designate the EU, a ‘comparable trade mark (IR)).
In terms of infringement, one of the more important aspects of the comparable right created is that reference to an EUTM or international registration designating the EU in any document made before IP completion day shall be read as including references to the comparable rights created on exit (unless there is evidence that the document was not intended to have effect in the UK). Further, a consent granted prior to IP completion day in relation
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An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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