The following IP practice note Produced in partnership with Ailsa Carter and John Coldham of Gowling WLG 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?
This Practice Note summarises the application and purpose of the law of unjustified threats in the UK. Anyone writing or sending a letter or other communication alleging, or even implying, infringement of an IP right in the UK should be aware of the risk of a claim (or counterclaim) being brought against them for threats.
Under the Practice Direction Pre-Action Conduct and Protocols, a potential claimant is required to set out its case sufficiently to allow the potential defendant to assess the claims made against it. Without sufficient care, sending pre-action correspondence to satisfy these pre-action requirements may mean that actionable threats are made. As a consequence, the pre-action requirements are sometimes deliberately not met in IP cases.
Since 1 October 2017, the UK’s threats regime has been governed by the legislative changes introduced by the Intellectual Property (Unjustified Threats) Act 2017
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The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
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
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