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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 General IP content

Practice notes

Settling disputes—how to document a settlement

This Practice Note identifies the different means by which a settlement can be documented, namely by exchange of correspondence, contract, deed,...

26th Nov

In-house

Practice notes

Witness statements—substantive content

This Practice Note provides general guidance for the drafting of the substantive content in factual witness statements under Part 32 of the CPR. In...

26th Nov

Practice notes

Taking security over intellectual property rights

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be...

25th Nov

Practice notes

Effect of registering security at IP registries on priority of security interests

STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...

25th Nov

Practice notes

Perfecting security over intellectual property rights and registering security at an intellectual property registry

CORONAVIRUS (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution of documents and company...

25th Nov

Practice notes

Drafting a trade mark licence—a practical guide

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

Intellectual property and spare parts

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 Ben Mark and Georgia Davis of RPC 23rd Nov

Practice notes

Trade secrets and confidential information—protection and enforcement

Introduction to the laws protecting confidential information and trade secrets in the UKHistorically, the UK had no statutory regime to address the...

Produced in partnership with William Smith of Bird & Bird LLP 23rd Nov

In-house

Practice notes

Securing intellectual property rights from employees and contractors

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 Nichola Jenkins of Shoosmiths 23rd Nov

In-house

Practice notes

Introduction to designs

This Practice Note provides an introduction to design law and covers the various design rights (both registered and unregistered) that can be relied...

23rd Nov

Practice notes

Introduction to trade marks

This Practice Note provides an introduction to trade marks, ie:•what is a trade mark?•registering a trade mark•dealing with trade marks in...

23rd Nov

Practice notes

Business Protection from Misleading Marketing Regulations 2008 and passing off

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 Sarah Hadland of S.H. & Associates 23rd Nov

Practice notes

Court jurisdiction and intellectual property

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

Taking security over intellectual property—practical points

IntroductionIt is increasingly recognised that all businesses own and use IP of some kind. Lenders in sectors which include IP-rich businesses are...

Produced in partnership with CMS 23rd Nov

Practice notes

Cybersquatting

This Practice Note provides an introduction to cybersquatting, covering:•What is cybersquatting?•What cybersquatting is not•Preventing...

Produced in partnership with Emily Taylor of Oxford Information Labs 23rd 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...

23rd Nov

Practice notes

Transfers of IP in M&A—taxation issues

IP may be transferred in corporate transactions either through the sale of shares in a company holding the IP, or as part of the sale of the trade and...

Produced in partnership with Anne Fairpo of Temple Tax Chambers 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

Transferring and licensing copyright—commercial issues

Copyright in a protected work can be licensed, assigned or otherwise transferred by testamentary disposition or operation of law. This Practice Note...

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