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Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

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...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

A company’s constitution

What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of...

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

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

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and...

Produced in partnership with Simmons & Simmons LLP 9th Nov

Practice notes

Rome Convention—introduction and interpretation

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...

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

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

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

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...

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

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

Applicable law clauses

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...

9th Nov

Precedents

Month definition

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

9th Nov

Most recent Data protection and confidential information content

Practice notes

Brexit—implications for data protection

This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation...

2nd Dec

Brexit

In-house

Practice notes

Personal data sharing between controllers

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

2nd Dec

Practice notes

Supply chains under data protection law—arrangements between controllers and processors

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

2nd Dec

Practice notes

UK GDPR and EU GDPR—sanctions and enforcement

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...

2nd Dec

Practice notes

Key definitions under data protection law

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

2nd Dec

Practice notes

Data protection principles

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 2nd Dec

Practice notes

Introduction to the EU GDPR and UK GDPR

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...

2nd Dec

In-house

Precedents

Confidentiality letter—private M&A (asset purchase)—corporate seller

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

2nd Dec

Precedents

Confidentiality letter—private M&A—share purchase—corporate seller

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

2nd Dec

Precedents

Personal data processing schedule—short form—pro-controller

This Precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than...

2nd Dec

Precedents

Personal data sharing clause—short form—controller to controller—pro-receiving party

Defined terms: This precedent clause uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Disclosing Party’, ‘parties’, ‘person’ and...

Produced in partnership with Daradjeet Jagpal of Information Law Solutions 2nd Dec

Precedents

Personal data processing schedule—short form—pro-processor

This precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than...

2nd Dec

Precedents

Personal data sharing schedule—short form—controller to controller—pro-disclosing party

Defined terms: This precedent schedule uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Disclosing Party’, ‘parties’, ‘person’ and...

Produced in partnership with Daradjeet Jagpal of Information Law Solutions 2nd Dec

In-house

Practice notes

Outsourcing and data protection

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

Produced in partnership with Marina Paul 2nd Dec

Practice notes

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...

2nd Dec

Brexit

In-house

Practice notes

Deepfakes

What is a deepfake?The term deepfake is a portmanteau of ‘deep learning’ and ‘fake’. A deepfake is a form of synthetic media in which existing media,...

Produced in partnership with DAC Beachcroft 2nd Dec

Precedents