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Latest IP News

Anonymity for claimants refused as being unjustified and insufficiently evidenced (Various Claimants v Independent Parliamentary Standards Authority)

Anonymity for claimants refused as being unjustified and insufficiently evidenced (Various Claimants v Independent Parliamentary Standards Authority)

The following Commercial news provides comprehensive and up to date legal information on Anonymity for claimants refused as being unjustified and insufficiently evidenced (Various Claimants v Independent Parliamentary Standards Authority)

Patent for pneumococci vaccine deemed obvious to try (Wyeth v Merck)

Patent for pneumococci vaccine deemed obvious to try (Wyeth v Merck)

The following IP news provides comprehensive and up to date legal information on Patent for pneumococci vaccine deemed obvious to try (Wyeth v Merck)

UK accession to Lugano Convention—is the door now closed?

UK accession to Lugano Convention—is the door now closed?

The following Arbitration news provides comprehensive and up to date legal information on UK accession to Lugano Convention—is the door now closed?

A look at UK’s divergence priorities after Brexit

A look at UK’s divergence priorities after Brexit

The following Banking & Finance news provides comprehensive and up to date legal information on A look at UK’s divergence priorities after Brexit

Featured IP content

Tomlin orders

Tomlin orders

Tomlin ordersThis Practice Note considers Tomlin orders, which are often used in settling litigation. A Tomlin order comprises a consent order and a...

Introduction to passing off

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

Sub-licensing intellectual property rights

Sub-licensing intellectual property rights

An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...

Co-operative and community benefit societies

Co-operative and community benefit societies

Co-operative and community benefit societiesWhat is a co-operative or community benefit society?A co-operative society or community benefit society...

Practice notes

Rome II—application and interpretation

Rome II—application and interpretationThis Practice Note is for use when determining applicable law in respect of events giving rise to damage, where...
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19th May
Practice notes

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
tag iconBrexit
Practice notes

The scope of photographic copyright—the Red Bus case

The Red Bus case or Temple Island Collections v New English Teas was decided in the, as it was then, Patents County Court (PCC) in January 2012 and...
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Produced in partnership with Boyes Turner LLP 19th May
Practice notes

Performers’ rights and rights in performances

Protection for performersThis Practice Note summarises the rights known as performers’ rights which subsist in the UK under Part II of the Copyright,...
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19th May
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Q&As

Can the board of a co-operative and community benefit society (a registered society) delegate powers to any third party, and can the registered society grant a power of attorney to a third party to execute documents on its behalf?

Can the board of a co-operative and community benefit society (a registered society) delegate powers to any third party, and can the registered...
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19th May
Practice notes

Remedies for trade mark infringement

This Practice Note outlines the civil remedies available in the UK to the proprietor of a UK trade mark, a comparable trade mark (EU) or a comparable...
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19th May
Practice notes

Rome Convention—introduction and interpretation [Archived]

Rome Convention—introduction and interpretation [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The UK is no longer...
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19th May
Practice notes

Intellectual Property Enterprise Court—practical points on case management

Intellectual Property Enterprise Court—practical points on case managementIntroduction to the Intellectual Property Enterprise CourtThe Intellectual...
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Produced in partnership with Angela Fox of Maucher Jenkins 19th May
Practice notes

Patent assignment and licensing

Patent assignment and licensingThe Patents Act 1977 (PA 1977) treats patents and patent applications as personal property rights. Rights in...
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19th May
Practice notes

Image rights—protection, exploitation and taxation

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...
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Produced in partnership with JJ Shaw of Lewis Silkin LLP, Alex Kelham of Lewis Silkin LLP and Rob Meredith CTA of PKF Francis Clark 19th May
Practice notes

Business and Property Courts

Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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19th May
Practice notes

Requirements of the company seal

Requirements of the company sealThis Practice Note provides practical guidance regarding the requirements of the company seal. Where a company has a...
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19th May
Practice notes

Moral rights

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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19th May
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Practice notes

Parallel imports

ScopeThis Practice Note explains trade mark law on parallel trade. Parallel imports, or ‘grey market’ goods, are genuine goods that are placed on the...
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Produced in partnership with Taylor Wessing LLP 19th May
Practice notes

Types of dispute resolution

This practice note provides an overview of the main types of dispute resolution that are an alternative to litigation. As well as covering the main...
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Produced in partnership with Boyes Turner LLP 19th May
Practice notes

Registered and unregistered design right infringement

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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19th May
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Most recent Database disputes content

Practice notes

Database right—permitted acts and remedies

Database right—permitted acts and remediesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...
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28th Jul
Precedents

Rights in databases—training materials

Rights in databases—training materialsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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25th Jul
Practice notes

Intellectual Property Enterprise Court—practical points on case management

Intellectual Property Enterprise Court—practical points on case managementIntroduction to the Intellectual Property Enterprise CourtThe Intellectual...
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Produced in partnership with Angela Fox of Maucher Jenkins 25th Jul
Practice notes

The Football Dataco actions—a case history

The Football Dataco actions—a case historyFootball DataCo (FD) grants licences to third parties allowing them to reproduce certain intellectual...
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25th Jul
Precedents

Letter of claim—database right infringement

Letter of claim—database right infringementLetter of claim [Alleged infringer’s name and address][Date]Dear [insert organisation name][Copyright and]...
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25th Jul
Precedents

Final order (database right infringement)

Final order (database right infringement)IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...
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Produced in partnership with Laura Wright of 4 Pump Court 25th Jul
Practice notes

Rights in databases—training materials—practical scenario

Rights in databases—training materials—practical scenarioIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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25th Jul
Precedents

Particulars of claim (database right infringement)

Particulars of claim (database right infringement)IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Laura Wright of 4 Pump Court 25th Jul
Practice notes

Intellectual Property Enterprise Court—costs capping in practice

Intellectual Property Enterprise Court—costs capping in practiceBackgroundThe Intellectual Property Enterprise Court (IPEC) is a specialist list of...
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Produced in partnership with Angela Fox of Maucher Jenkins 25th Jul
Practice notes

Database right infringement

Database right infringementDatabase right is a property right introduced by Directive 96/9/EC (EU Database Directive) in a database where there has...
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25th Jul
Precedents

Reply (database right infringement)

Reply (database right infringement)IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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Produced in partnership with Laura Wright of 4 Pump Court 25th Jul
Q&As

What will be the impact of Brexit on UK national database rights? What might be ahead for UK database rightholders who have created databases deployed in the EU and for EU27 nationals and EU27 companies who have had or require legal protection of databases in the UK?

What will be the impact of Brexit on UK national database rights? What might be ahead for UK database rightholders who have created databases deployed...
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Produced in partnership with Joshua Marshall of Fieldfisher 25th Jul
tag iconBrexit
Q&As

How will UK copyright law look post-Brexit?

How will UK copyright law look post-Brexit?Current position:Copyright law in the UK has been harmonised substantially through various EU directives,...
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Produced in partnership with Guy Tritton of Hogarth Chambers 25th Jul
tag iconBrexit
Q&As

How do I deal with database extraction and re-utilisation?

How do I deal with database extraction and re-utilisation?Protection of investmentA database right in a database is infringed if an alleged infringer...
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25th Jul
Q&As

What fees are payable in the Intellectual Property Enterprise Court in relation to key stages of proceedings?

What fees are payable in the Intellectual Property Enterprise Court in relation to key stages of proceedings?Every case in the Intellectual Property...
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Produced in partnership with Robert Cumming of Appleyard Lee 25th Jul
Q&As

Quantum, in an intellectual property claim, is often difficult to predict at the time a claim is being issued. What are the practical options for those seeking to issue a claim in the High Court?

Quantum, in an intellectual property claim, is often difficult to predict at the time a claim is being issued. What are the practical options for...
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Produced in partnership with Daniel Byrne of AA Thornton 25th Jul
Q&As

Will a retention of title clause be effective in relation to a client or customer list?

Will a retention of title clause be effective in relation to a client or customer list?Retention of title clausesThe Encyclopaedia of Forms and...
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25th Jul
Precedents

Defence (database right infringement)

Defence (database right infringement)IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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Produced in partnership with Laura Wright of 4 Pump Court 23rd Jul
Q&As

What will Brexit mean for the UK’s broadcasting sector? How will Brexit affect the UK if it can no longer rely on the EU’s country of origin principle? What options will there be for UK based broadcasters? What issues might broadcasters, looking to relocate to another jurisdiction, face?

What will Brexit mean for the UK’s broadcasting sector? How will Brexit affect the UK if it can no longer rely on the EU’s country of origin...
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Produced in partnership with Shobana Iyer of Swan Chambers 5th Jun
tag iconBrexit
Q&As

What issues should be covered in a response to a cease and desist letter relating to infringement of IP rights?

What issues should be covered in a response to a cease and desist letter relating to infringement of IP rights?You may find the following Practice...
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5th Jun

Popular documents

Rescission of a contract

Rescission of a contract

Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual

Convention rights—structure of qualified rights

Convention rights—structure of qualified rights

Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a

The Financial Assistance Scheme—what are the available benefits?

The Financial Assistance Scheme—what are the available benefits?

The Financial Assistance Scheme—what are the available benefits?THIS PRACTICE NOTE APPLIES TO SCHEMES ENTERING THE FINANCIAL ASSISTANCE SCHEME FROM 1 JANUARY 2012.Where a scheme, its employer(s) and individual members have satisfied the criteria for eligibility into the Financial Assistance Scheme

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and