Database disputes

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Practice notes
In order to establish that an unauthorised use or dealing in a product or process amounts to infringement of a patent it is necessary to prove that:•a...
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9th Nov
Practice notes
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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9th Nov
Practice notes
This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...
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Produced in partnership with Emily Taylor of Oxford Information Labs 9th Nov
Practice notes
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...
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Produced in partnership with Jessica Stretch 9th Nov
Practice notes
This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...
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9th Nov
Practice notes
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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9th Nov
Practice notes
IP laws are almost always national in nature. However, there are many conventions and treaties under which nations agree to provide minimum levels of...
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9th Nov
Practice notes
Introduction to infringementA patent owner has to prove two elements before it can secure an infringement finding (and then an injunction, damages,...
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9th Nov
Practice notes
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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9th Nov
Precedents
Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
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9th Nov
Practice notes
The Copyright, Designs and Patents Act 1988 (CDPA 1988) defines the author of a work as the person who created it. The author as creator is not always...
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9th Nov
Precedents
1 Intellectual property rights indemnity 1.1 The Supplier shall defend the Customer against any third party claim that...
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9th Nov
Practice notes
Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours,...
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9th Nov
Practice notes
Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...
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Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 9th Nov
Practice notes
This Practice Note covers the legislative framework, as well as case law, relating to infringement of registered and unregistered designs. For...
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9th Nov
Precedents
Month means a calendar month; Close This is a suggested definition for the term 'month', which...
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9th Nov

Most recent Database disputes content

Practice notes
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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23rd Nov
Q&As
What is the problem?In an intellectual property (IP) claim, it is often difficult to predict quantum at the time the claim is issued.Why does the...
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Produced in partnership with Daniel Byrne of AA Thornton 23rd Nov
Q&As
What is the problem?In an intellectual property (IP) claim, it is often difficult to predict quantum at the time the claim is issued.Why does the...
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Produced in partnership with Daniel Byrne of AA Thornton 23rd Nov
Practice notes
BackgroundThe Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual Property List (Chancery Division) which is...
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Produced in partnership with Angela Fox of Maucher Jenkins 18th Nov
Practice notes
Introduction to the Intellectual Property Enterprise CourtThe Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual...
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Produced in partnership with Angela Fox of Maucher Jenkins 18th Nov
Practice notes
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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15th Oct
Q&As
Current position:Copyright law in the UK has been harmonised substantially through various EU directives, but is less harmonised than other areas of...
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Produced in partnership with Guy Tritton of Hogarth Chambers 28th Sep
Q&As
Retention of title clausesThe Encyclopaedia of Forms and Precedents (Vol 4(3)) provides the following description of a simple retention of title...
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28th Sep
Q&As
Protection of investmentA database right in a database is infringed if an alleged infringer extracts or re-utilises all or a substantial part of its...
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28th Sep
Q&As
1. Following Brexit, will the UK need specific legislation for UK national database rights if the EU right no longer applies?Rights in databases exist...
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Produced in partnership with Joshua Marshall of Fieldfisher 28th Sep
Q&As
The precise outcome is difficult to predict, of course, because much will depend on the actual terms of Brexit. Generally, Brexit provides deep...
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Produced in partnership with Shobana Iyer of Swan Chambers 28th Sep
Q&As
Every case in the Intellectual Property Enterprise Court (IPEC) is different, including subject matter, complexity, and value. For that reason, it is...
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Produced in partnership with Robert Cumming of Appleyard Lee 28th Sep
Q&As
You may find the following Practice Notes of assistance when drafting a response to a letter of claim because they set out possible defences and...
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28th Sep
Q&As
If starting infringement proceedings is not your day job, the following points may help reduce exposure to common pitfalls when litigation is...
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28th Sep
Practice notes
Football DataCo (FD) grants licenses to third parties allowing them to reproduce certain intellectual property such as fixture lists and statistics...
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26th Sep
Precedents
Case No. [insert claim number]IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND & WALESINTELLECTUAL PROPERTY LIST (ChD)[INTELLECTUAL...
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26th Sep
Precedents
Case No. [insert number]IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND & WALESINTELLECTUAL PROPERTY LIST (ChD)[INTELLECTUAL...
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26th Sep
Precedents
The purpose of the claim formA claim form is the document used to start proceedings. It contains information relevant to the proceedings, including:...
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26th Sep
Precedents
Case No. [insert claim number]IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND & WALESINTELLECTUAL PROPERTY LIST (ChD)[INTELLECTUAL...
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26th Sep
Precedents
Letter of claim [Alleged infringer’s name and address][Date]Dear [insert organisation name][Copyright and] database right infringement: [Name and...
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26th Sep

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