The following IP practice note provides comprehensive and up to date legal information covering:
This Practice Note provides an introduction to design law and covers the various design rights (both registered and unregistered) that can be relied on by right holders in the UK.
For more information about the registration of designs and transactions involving designs, see: Design transactions and management—overview.
For more information about design disputes, see: Design disputes—overview.
As of 31 December 2020 (‘exit day’ or ‘IP completion day’), the UK is no longer an EU Member State. In the circumstances, from 1 January 2021, the UK is no longer part of the Community designs regime and is no longer subject to the Designs Regulation (Regulation (EC) 6/2002). The implications of these changes are explained below.
Design rights protect the shape, configuration or appearance of the whole or part of a product or article (rather than its functional aspects). Design law is intended to stop other people making products which are made to the design of or create the same overall impression as the original design. The number of designs registered in the UK and EU is increasing each year and consequently there is more design litigation, though cases are far fewer in number than those for patents, trade marks and copyright. Design law is sometimes considered complicated and is a highly specialist area—mainly because there are several different types of design right that coexist in the
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This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
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
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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