The following IP Q&A produced in partnership with Chris Hoole of Appleyard Lees provides comprehensive and up to date legal information covering:
Immediately prior to dissolution of a company in the UK, whether following administration, liquidation, striking off or voluntary dissolution, all property and rights which are left behind in the dissolved company are considered bona vacantia or ‘vacant goods’. Bona vacantia goods vest in the Crown and are governed by the Companies Act 2006 (CA 2006).
As with any property rights, intellectual property rights, such as registered trade marks or designs, fall within the scope of the bona vacantia rules and will also vest in the Crown on dissolution.
However, there is one exception—the Crown’s statutory power, with or without notice, to disclaim or to give up its interest in bona vacantia. If property, including IP, in bona vacantia is disclaimed it is treated as though it never passed to the Crown (CA 2006, s 1014). By disclaiming its rights in the property, all interests and liabilities of the dissolved company in the disclaimed property are term
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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