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PRACTICE NOTES
This Practice Note discusses the design of equity compensation plans for public companies. Publicly held companies often grant equity awards to executives and other key employees (and, in many cases, even to fairly low-level employees) to align their interests with those of the shareholders. Equity compensation refers to various non-cash remuneration received by employees and other service providers (such as non-executive directors and contractors). Types include stock options, restricted stock, restricted stock units, employee stock purchase plans, performance shares, and more. This Practice Note discusses key legal and practical issues with these plans. The attraction of equity compensation to the service recipient is that it reduces the amount paid out in cash, which can be especially attractive to start-up companies that may have limited cash on hand to attract top talent. It also incentivises the service recipient to participate in the growth if the company. For equity incentive plans in connection to privately held companies, see Practice Note: Drafting a US private company equity compensation plan. Legal and stock exchange issues Tax
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. It contains closed legislative proposals, published judgments and closed consultations from 2017–2022 that are no longer featured in the current Designs tracker—UK and Designs tracker—EU because they are not from the current year. To track the progress of current legislative proposals, relevant judgments and consultations related to designs, see Practice Notes: Designs tracker—UK and Designs tracker—EU. For archived content relating to UK designs from 2023, see Practice Note: Designs tracker—UK 2023–2024 [Archived]. Legislation For current legislation, see Practice Notes: Designs tracker—UK—Legislation, consultations, guidance and reports and Designs tracker—EU—Legislation, consultations, guidance and reports. For archived legislation, consultations, guidance and reports relating to UK designs from 2023, see Practice Note: Designs tracker—UK 2023–2024 [Archived]—Legislation, consultations, guidance and reports. What's happening? When? Find out more Decision EX-20-05 of the Executive Director of the EUIPO on the keeping of files 16 June 2020: in force The executive director of the EU Intellectual Property Office (EUIPO) has issued a decision on the keeping of files in proceedings
PRACTICE NOTES
This tracker is intended to be used to track the progress of EU design judgments, legislative proposals, and current EU consultations, guidance and reports related to designs. For information about UK design judgments, legislative proposals, and current UK consultations, guidance and reports related to designs, see Practice Note: Designs tracker—UK. For archived items on designs, see Practice Note: Designs tracker 2017–2022 [Archived]. Legislation, consultations, guidance and reports For archived designs legislation, see Practice Note: Designs tracker 2017–2022 [Archived]—Legislation. For archived design consultations, see Practice Note: Designs tracker 2017–2022 [Archived]—Consultations. What’s happening? When? Find out more EU design legislation reform package 9 December 2027: Deadline for Member States to transpose Directive (EU) 2024/2823 (the Directive)1 July 2026: Regulation (EU) 2026/715 (the EU Design Regulation (codified)) in force and associated secondary legislation applies30 March 2026: EU Design Regulation (codified) published in the Official Journal (see below)19 March 2026: Regulation (EU) 2026/137 (the Delegated Regulation) and Regulation (EU) 2026/138 (the Implementing Regulation) published in the Official Journal (see below)1 May 2025: Amendments introduced
PRACTICE NOTES
This tracker is intended to be used to track the progress of UK design judgments, legislative proposals and current UK consultations, guidance and reports related to designs. For information about EU design judgments, legislative proposals and current EU consultations, guidance and reports related to designs, see Practice Note: Designs tracker—EU. For archived items on designs, see Practice Notes: Designs tracker—UK 2023–2024 [Archived] and Designs tracker 2017–2022 [Archived]. Legislation, consultations, guidance and reports For archived designs legislation, see Practice Notes: Designs tracker—UK 2023–2024 [Archived]—Legislation, consultations, guidance and reports and Designs tracker 2017–2022 [Archived]—Legislation. For archived designs consultations, see Practice Notes: Designs tracker—UK 2023–2024 [Archived]—Legislation, consultations, guidance and reports and Designs tracker 2017–2022 [Archived]—Consultations. For more information about the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023), see Practice Note: Brexit legislation tracker [Archived], in particular, see section: Retained EU Law (Revocation and Reform) Act 2023. For more information about the implications of REUL(RR)A 2023 for IP law, see Practice Note: Designs—UK/EU comparison. To track the progress of the ‘One IPO’ transformation programme, see Practice Note: ‘One IPO’
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. It contains closed legislative proposals, published judgments and closed consultations from 2023–2024 that are no longer featured in the current Designs tracker because they are not from the current year. For information about EU design judgments, legislative proposals and current EU consultations, guidance and reports related to designs, see Practice Note: Designs tracker—EU. For archived developments prior to 2023, see Practice Note: Designs tracker 2017–2022 [Archived]. Legislation, consultations, guidance and reports For current legislation, consultations, guidance and reports, see Practice Note: Designs tracker—UK—Legislation, consultations, guidance and reports. For archived designs legislation prior to 2023, see Practice Note: Designs tracker 2017–2022 [Archived]—Legislation. For archived design consultations prior to 2023, see Practice Note: Designs tracker 2017–2022 [Archived]—Consultations. What's happening? When? Find out more CJC final report on pre-action protocols (PAPs) 20 November 2024: Report published (second phase)22 August 2023: Report published (first phase) The CJC has conducted an extensive review of the PAPs and published a two-phase report.The first phase examined the
PRACTICE NOTES
Background This Practice Note provides a high-level summary of key themes of comparison between the UK and EU in relation to designs that have arisen since the UK exited the EU on 31 December 2020 (IP completion day). It analyses the impact of the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) on design law and considers the UK Intellectual Property Office’s (IPO) consultation on designs and the EU design legislation reforms. For a comparison of other IP rights in the UK and EU, see Practice Notes: Patents and SPCs—UK/EU comparison, Trade marks—UK/EU comparison and Copyright and databases—UK/EU comparison. IP law is significantly harmonised across the EU. Prior to Brexit, many aspects of UK IP law were harmonised with the EU regime, and certain unitary EU IP rights (such as EU trade marks and EU designs) were applicable and enforceable in the UK. As of 31 January 2020, the UK ceased to be an EU Member State. In accordance with the Withdrawal Agreement, the UK entered an implementation period of 11 months ending at 11 pm on IP completion
PRACTICE NOTES
This Practice Note sets out details of the criminal offences relating to UK registered designs which are set out in sections 33, 34, 35 and 35ZA of the Registered Designs Act 1949 (RDA 1949). These include: offences relating to the unauthorised copying of a design in the course of business; offences relating to the design register; and offences relating to the secrecy of certain designs which are relevant for defence purposes. This Practice Note considers the elements required to establish each offence, the possible defences and the criminal penalties. It also sets out practical points for both right holders and alleged infringers to consider. There are currently no criminal offences relating to UK unregistered designs or supplementary unregistered designs (SUDs), but the government is in the process of consulting on a possible extension of the existing criminal penalties for infringement of registered designs to unregistered designs. This Practice Note considers the historical background to the consultation and the evidence being sought. For more information about criminal offences relating to IP rights, see Practice Notes: Trade mark offences, Copyright
NEWS
Law360, Expert analysis: The dismissal of criminal charges at Southwark Crown Court on 9 July in R v Hauser & Wirth Gallery Ltd & another, against Hauser & Wirth Gallery Ltd and fine art logistics company Artay Rauchwerger Solomons Ltd, is an important moment in the UK's sanctions enforcement landscape. According to the analysis, with expert contributions from Vivien Davies, senior partner, Quinton Newcomb, partner and leader of the firm’s commercial crime team, Farheen Ishtiaq-Stansfeld, senior associate, Galiya Martirosova, senior associate and James Coxshall, solicitor apprentice, all at Fieldfisher LLP, the case demonstrates that, despite the acquittal, criminal prosecution for alleged sanctions breaches is a real risk for companies involved in high-value cross-border transactions. The key takeaway for corporations and senior management is the need for robust due diligence, sanctions compliance, internal controls and contemporaneous documentation capable of withstanding future enforcement scrutiny.
NEWS
Law360: DEI is dead. Long live DEI. Findings in the World Economic Forum report published in January 2025 raise the question of whether reports of the death of diversity, equity and inclusion (DEI) are, in fact, exaggerated. Christine Young, partner and Joshua Peters, associate at Herbert Smith Freehills LLP discuss the current position of DEI initiatives and the possible direction of travel in 2025 in the UK and US, and set out some tips for employers in light of the EU Pay Transparency Directive and the UK government’s proposed Equality (Race and Disability) Bill.
Q&As
Implementation The General Data Protection Regulation, Regulation (EU) 2016/679, (the GDPR) came into force on 24 May 2016, but due to a two-year implementation period, its provisions will only be directly applicable and fully enforceable across all Member States from 25 May 2018. The GDPR will repeal the Data Protection Directive, Directive 95/46/EC, and replace the Data Protection Act 1998 (DPA 1998). Contract considerations For contracts that will not be in operation beyond the GDPR taking effect then the provisions of the DPA 1998 (rather than GDPR) will apply. However, when negotiating a new contract that requires data protection provisions and which is
CHECKLISTS
This flowchart sets out the destination of appeals in family proceedings and shows which decisions can be appealed, which courts can hear the appeal and whether permission to appeal is needed. To access detailed practical guidance on the steps in the flowchart
CHECKLISTS
ARCHIVED: This archived practice note provides information on the rewritten TCGA 1992, Pt 1 and the location to which each of the previous sections of Part 1 have been moved in the new version of TCGA 1992, Pt 1. It is not maintained and is for information purposes only. With effect from 6 April 2019, Part 1 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) was rewritten. The new TCGA 1992, Pt 1 was introduced by section 13 and Schedule 1 of the Finance Act 2019, with the main aim being to bring disposals of UK non-residential property within the charge to UK tax for non-UK residents so that disposals of both residential and non-residential UK property on or after 6 April 2019, subject to certain exemptions, attract a capital gains tax (CGT) or corporation tax on chargeable gains charge. The effect is that UK residents and non-residents alike are subject to tax on disposals of any UK real property or certain interests in