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Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The following Commercial news provides comprehensive and up to date legal information on Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

Polo club trade mark infringement and passing off claim fails (Lifestyle Equities v The Copyrights Group)

The following IP news provides comprehensive and up to date legal information on Polo club trade mark infringement and passing off claim fails (Lifestyle Equities v The Copyrights Group)

FRAND—early disclosure needed of methodology used in essentiality review (Mitsubishi v Oneplus Technology)

The following IP news provides comprehensive and up to date legal information on FRAND—early disclosure needed of methodology used in essentiality review (Mitsubishi v Oneplus Technology)

With US on board, COVID IP waiver still faces long road

The following Commercial news provides comprehensive and up to date legal information on With US on board, COVID IP waiver still faces long road

Featured IP content

Month definition

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

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...

IP rights and semiconductors

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

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,...

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

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

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

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

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

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

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

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

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 12th Jan

In-house

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 12th Jan

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

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

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...

Produced in partnership with Boyes Turner LLP 12th Jan

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

In-house

Practice notes

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...

9th Nov

Most recent Q&As content

Q&As

How may a local authority execute simple contracts and deeds remotely?

How may a local authority execute simple contracts and deeds remotely?Many documents entered into by local authorities will need to be executed as a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 12th May

Q&As

How can English courts apply or refer to a Court of Justice decision if the judgment is not published in English and therefore there is no Court of Justice approved judgment available in English?

At common law, foreign law is generally a matter of fact that must be proved by an expert witness (and where necessary a translator or interpreter)....

10th May

Brexit

Q&As

Why register intellectual property?

Clarification of existence and ownership of IP rightsIntellectual property rights are monopoly rights. The exclusive ownership or use of a brand name,...

10th May

Q&As

What are the considerations when threatening to sue for patent infringement?

What's wrong with saying 'I'm going to sue you if you don't stop this'?English patent law does not allow a patent owner to freely contact market...

10th May

Q&As

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 Notes of assistance when drafting a response to a letter of claim because they set out possible defences and...

10th May

Q&As

If a corporation aggregate ordinarily signs hard copy documents by affixing its common seal, how should this process be replicated to enable it to sign electronically? How can a seal applied in this way be distinguished from an 'electronic seal' as defined in Article 3 of Retained Regulation (EU) 910/2014 (UK eIDAS)?

A corporation aggregate is a body of persons which is recognised by the law as having a personality which is distinct from the separate personalities...

7th May

Q&As

Can an execution block be amended after execution and delivery of a deed? For example, where a document was executed as a deed by a company purporting to act by a director and a power of attorney, but the attorney should have signed as a witness in accordance with section 44 of the Companies Act 2006, can the attestation be changed to refer to the attorney as a witness and is the execution by the company valid?

Formalities required for a deedThe requirements of a deed are set out under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989...

30th Apr

Q&As

With employees largely working from home in 2020 and 2021 and outside of traditional office working hours, what does this blurring of home and work life mean for the ownership of ‘creative’ works? In these circumstances, how can tech and media companies protect their interests in their employment contracts?

With employees largely working from home in 2020 and 2021 and outside of traditional office working hours, what does this blurring of home and work...

Produced in partnership with Dr Catherine Cotter of Slaughter and May 28th Apr

Q&As

What is the effect of a corporate signature, particularly by a solicitor’s firm, eg where a letter is signed as ‘Firm A’ as opposed to being signed personally by a partner of that firm?

This Q&A assumes that:•the question relates to the use of a signature in the context of commercial negotiations•the question does not relate to...

28th Apr

Q&As

To what extent are references in contracts to UK legislation and EU legislation affected by the European Union (Withdrawal) Act 2018?

Where a contract contains a reference to legislation, the question may arise as to which version of the legislation is meant. The default position is...

Produced in partnership with Eleonor Duhs of Fieldfisher and Indira Rao MBE of Counsel for EU and International Law, House of Commons 27th Apr

Q&As

What is the position on using a third party registered trade mark in a phishing simulation email? These emails are used internally for training purposes and are intended to look as though they have come from the third party.

We have assumed that the emails are used strictly for training purposes and the reader is in no doubt that this is so. In this regard, it may not be...

26th Apr

Q&As

Can the European Commission Standard Contractual Clauses (Controller to Processor) template be used for data being transferred from one controller to two data processors based on a tri-party commercial agreement, or should two separate templates be used?

This Q&A covers a situation where the transfer and processing of data is solely subject to English law and the UK Information Commissioner's Office...

20th Apr

Q&As

Which national data protection laws apply?

What is the legislative basis for determining applicable law?The provisions of art 4(1) of Directive 95/46/EC govern the application of a member...

20th Apr

Q&As

Have there been any challenges to the Privacy Shield?

There has recently been a legal challenge regarding the EU’s data sharing arrangement with the US, known as the EU‒US Privacy Shield, filed in the...

20th Apr

Q&As

Can we rely on the new Privacy Shield?

What is Privacy shield?On 29 February 2016, the European Commission announced draft details of the EU–US Privacy Shield to replace the Safe Harbour...

20th Apr

Q&As

What are the common issues a product brand owner should be concerned with when contracting with retailers, particularly relating to the fashion industry?

In this Q&A we have limited our research to cover common issues a product brand owner should be concerned with when contracting with retailers from a...

16th Apr

Q&As

Can a document executed and described as a deed be subsequently validly varied by solicitors’ exchange of emails?

The requirements for variation of a deedIt was formerly a rule of common law that contracts entered into by way of deed could only be varied by deed....

12th Apr

Q&As

If a person who intended to sign a contract dies before signing the agreement, can their personal representative (PR) sign on their behalf or are there any other solutions to complete the contract? If a PR is able to sign, is there specific wording to include in the attestation clause?

Powers of the personal representative (PR)A personal representative (PR) has powers, under the Administration of Estates Act 1925, the Trusts of Land...

12th Apr

Q&As