The following IP practice note Produced in partnership with Jessica Stretch provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?
When parties collaborate on creative projects or research and development, complex questions arise about the ownership of any resulting intellectual property (IP).
Joint ownership of IP may seem like a straightforward and fair solution where parties have worked together and cannot distinguish the output of their respective efforts. However, where parties fail to give careful consideration as to how their jointly created IP will be owned, organised and exploited, there are legal pitfalls, practical difficulties and obstacles to full commercialisation of the IP. In the vast majority of cases it is preferable for parties to enter into an express agreement on joint ownership of IP rather than relying upon the default legal position.
This Practice Note provides an overview of the law on joint ownership of IP (also known as co-ownership, used interchangeably in this note):
Implied joint ownership—basic principles
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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