The following IP precedent Produced in partnership with Simon Portman of Marks & Clerk 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 Agreement is made on [insert date]
[insert licensor name] [of OR a [company OR partnership OR limited liability partnership OR [incorporated OR constituted OR in [insert jurisdiction, eg England and Wales] whose registered number is [insert company or LLP number] and whose [registered office OR principal place of business OR is at OR [insert address] (Licensor); and
[insert licensee name] of OR a company OR partnership OR limited liability partnership] incorporated OR constituted] in [insert jurisdiction, eg England and Wales] whose registered number is [insert company or LLP number] and whose registered office OR principal place of business] is at] [insert address] (Licensee)
(each of the Licensor and the Licensee being a party and together the Licensor and the Licensee are the parties).
The Licensor owns the Technology IP.
The Licensee has agreed
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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