The following IP practice note provides comprehensive and up to date legal information covering:
IP law is one of the areas of law that is most extensively harmonised across the EU, with a large amount of the law originating from the EU in the form of directives or regulations. For example, EU law makes it possible to obtain EU trade mark (EUTM) and designs registrations which offer unitary protection across all EU Member States as well as allowing for protection of unregistered designs on an equally wide basis.
Considerable efforts have been made to establish consistent regimes of protection and enforcement of such rights across the EU and many businesses have taken advantage of the harmonised regime in order to obtain broad and cost-effective protection for their trade mark, design and other rights. As a result, the UK’s decision to leave the EU has, potentially, a significant impact on right holders.
11 pm on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and institutions. At this point in time (referred to in this document and elsewhere as IP completion day), there was an immediate and wholesale change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to the following areas of IP law and practice:
Overview—what is happening on 31 December 2020
Rights in databases
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
BREXIT: 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 on
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
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