The following IP practice note Produced in partnership with DLA Piper 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.
The fashion industry is a globalised, billion-dollar, fast-moving industry, with clothing and accessories often being designed in one country, manufactured in another country and sold worldwide in retail stores or online. Each year, fashion houses design, manufacture, show and sell at least a spring/summer and autumn/winter collection. Each creates hundreds of designs, all of which need to be attractive to consumers and more desirable than those of competitors. As attractive as these designs may be, they often have a very short shelf life: a garment that is this season's hit may be completely outdated the following year. These issues pose certain challenges to the creators of fashion items, in particular when it comes to protecting their designs from being copied by competitors or counterfeiters.
The transient nature of fashion items raises a number of issues such as:
whether it is worthwhile seeking protection through registrations of IP rights
what rights should be protected, and
in which jurisdictions rights should be protected
This Practice Note provides an overview
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
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
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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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