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Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...

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...

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...

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...

Practice notes

Patent infringement

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...

9th Nov

Practice notes

Transferring patent rights

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...

9th Nov

Practice notes

Uniform Domain Name Dispute Resolution Policy (UDRP) process

This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...

Produced in partnership with Emily Taylor of Oxford Information Labs 9th Nov

Practice notes

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...

Produced in partnership with Jessica Stretch 9th Nov

In-house

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

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...

9th Nov

Brexit

Practice notes

Patent infringement—remedies

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...

9th Nov

Practice notes

Intellectual property international treaties and conventions

IP laws are almost always national in nature. However, there are many conventions and treaties under which nations agree to provide minimum levels of...

9th Nov

Practice notes

Indirect infringement of patents

Introduction to infringementA patent owner has to prove two elements before it can secure an infringement finding (and then an injunction, damages,...

9th Nov

In-house

Practice notes

Sale of counterfeit goods online

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...

9th Nov

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

Copyright—authorship and ownership

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...

9th Nov

Precedents

Third party intellectual property rights indemnity clause—pro-supplier

1 Intellectual property rights indemnity 1.1 The Supplier shall defend the Customer against any third party claim that...

9th Nov

In-house

Practice notes

Elements of passing off—goodwill

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,...

9th Nov

Practice notes

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...

Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 9th Nov

Practice notes

Registered and unregistered design right infringement

This Practice Note covers the legislative framework, as well as case law, relating to infringement of registered and unregistered designs. For...

9th Nov

In-house

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Most recent Database transactions and management content

Practice notes

Rights in databases—training materials—practical scenario

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...

23rd Nov

Practice notes

Legal protection of databases in the UK

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...

Produced in partnership with Herbert Smith Freehills LLP 23rd Nov

Practice notes

Valuing IP

IntroductionValuation is required at many points in the lifecycle of an intellectual property (IP) asset, and for many different purposes,...

Produced in partnership with Anne Fairpo of Temple Tax Chambers 23rd Nov

Practice notes

Selling or licensing a database

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...

Produced in partnership with Herbert Smith Freehills LLP 23rd Nov

Q&As

How may a customer list or a database be transferred? How can copyright in design works be transferred?

How may a customer list or a database be transferred?There are no general property rights in data. There is an exception, however, where the data is...

23rd Nov

Q&As

What legal considerations arise when a company which has supplied consumer group data to a service provider is asked to disclose that data to the consumer group’s new service provider?

For the purpose of answering this Q&A, we have assumed:•the question refers to a database (or part of a database) that may include personal data for...

23rd Nov

Precedents

Database assignment—pro-assignee

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Daradjeet Jagpal of Information Law Solutions 19th Oct

Precedents

Database assignment—pro-assignor

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Daradjeet Jagpal of Information Law Solutions 19th Oct

Q&As

What are IP rights?

Basic conceptMost people are familiar enough with the idea that owning tangible property, such as a car or some land, carries with it some rights,...

16th Oct

Q&As

What is the EU law on screen scraping? Is it permitted? Can a company prevent it from happening? Can that company dictate what happens to the data that has been screen scraped by a 3rd party?

See News Analysis: LinkedIn’s efforts to stop the bots and in particular:What steps can a website take technically and legally, in the UK, to prevent...

28th Sep

Q&As

How will UK copyright law look post-Brexit?

Current position:Copyright law in the UK has been harmonised substantially through various EU directives, but is less harmonised than other areas of...

Produced in partnership with Guy Tritton of Hogarth Chambers 28th Sep

Brexit

Q&As

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

Retention of title clausesThe Encyclopaedia of Forms and Precedents (Vol 4(3)) provides the following description of a simple retention of title...

28th Sep

Q&As

To what extent is it possible to ‘own’ data and what can you do to protect the rights arising in relation to data that is in your possession or control?

DataData can be defined as ‘facts and statistics collected together for reference or analysis’. There is no basic property right in a piece of data,...

28th Sep

Q&As

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

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...

28th Sep

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?

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...

Produced in partnership with Joshua Marshall of Fieldfisher 28th Sep

Brexit

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?

The precise outcome is difficult to predict, of course, because much will depend on the actual terms of Brexit. Generally, Brexit provides deep...

Produced in partnership with Shobana Iyer of Swan Chambers 28th Sep

Brexit

Q&As

What are the key practical issues for a business to consider when exploiting its intellectual property rights?

What IP rights are there?Most businesses will be familiar with the main IP rights of trade marks, patents, design rights and copyright. However, many...

Produced in partnership with Robert Cumming of Appleyard Lee 28th Sep

Q&As

What is the EU law on data scraping from websites?

What is scraping?Web scraping is a process by which website data is extracted (ie copied) using a web scraping program. Websites are typically coded...

28th Sep

Practice notes

Intellectual property (IP)—new starter guide

This new starter guide provides an introduction to intellectual property (IP) law. It is aimed at trainee solicitors and those who are new to IP as a...

26th Sep

Precedents