The following IP precedent provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?
This LICENCE is made on [insert date]
[insert licensor name] a company incorporated in [England and Wales] under number [insert company number] and whose registered office is at [insert registered office] (the Licensor); and
[insert licensee name] a company incorporated in [England and Wales] under number [insert company number] and whose registered office is at [insert registered office] (the Licensee).
(each of the Licensor and the Licensee being a party and together the Licensor and the Licensee are the parties).
The Licensor [is the [registered] proprietor of OR is the applicant to register OR has the right to license and/or sublicense] certain designs.
The Licensee is [insert description of the Licensee’s background/background to licence or relevant transaction].
The Licensor has agreed to grant a licence of these designs to the Licensee and the Licensee has agreed to
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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 association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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