Special stamp duty land tax (SDLT) rules apply when an interest in land is transferred from a partnership to a partner or person connected with a partner (paragraphs 18–20 of schedule 15 to the Finance Act 2003 (FA 2003)). The rules are complex and different rules can apply to particular scenarios. The rules are explained in Practice Note: SDLT and partnerships—transfers from a partnership. The buyer (here, the connected company) is

Advertising is a global business worth about £300 billion annually. Many advertising campaigns now operate internationally and thus the same advertisements may be broadcast in many countries and territories. However, one size does not fit all and many advertisements do not travel well: target audiences vary considerably. There is also a lack of uniformity in advertising laws around the world which can be a big challenge for advertisers. The Swedish have, for example, banned broadcast advertising to children under 12. Another example is in Germany where only proven superlatives can be used. Accordingly, in a previous campaign, Coca Cola was not allowed to use the proposed slogan of 'refreshes you best' as it implied a leadership position that was unprovable. Instead, Coca Cola had to say that it 'refreshes you right'. It is clear, therefore, that advertisers need to use a good local lawyer who specialises in advertising law and industry practice if they are to plan and run a successful international advertising campaign. UK Broadcasters in the UK need to ensure

What is Clearcast and what does it do? Broadcasters in the UK need to ensure that any advertisements broadcast by them comply with the Code of Broadcast Advertising (the BCAP Code) (see Practice Note: Advertising law and regulation). Clearcast is owned by six of the UK's largest commercial broadcasters, including ITV, Channel 4, Channel 5 and BSkyB. These broadcasters and others (but not all broadcasters) entrust the task of complying with the BCAP Code to Clearcast. Clearcast provides advice on, and pre-approves, advertisements to comply with BCAP Code. If the channel on which an advertisement is to appear falls within the purview of Clearcast, then the advertisement must be submitted to Clearcast for its approval. Each year Clearcast sees around 35,500 scripts and watches over 61,000 filmed advertisements. Clearcast is not a regulator (like Ofcom or the ASA), nor does it create rules. If an advertisement

It is important to bear in mind that an enterprise management incentives (EMI) scheme cannot be closed down with HMRC until all options granted under it have either been exercised or have been cancelled or lapsed. Until then, it will be necessary to continue to notify HMRC of any chargeable events in relation to the EMI options in the company's annual online return to HMRC. Once there are no outstanding options, the EMI scheme can be closed

Main concept The aim of the ambush marketer is to benefit from the prestige and goodwill associated with major events without paying the price stumped up by official sponsors. On the other hand, official sponsors want to protect their substantial investment in sponsoring an event; unauthorised marketing activity may dilute their exclusive rights and ultimately undermine the sponsorship model that funds most sporting events. Formulate a strategy Anticipate ambush marketing in its various forms. This can be online protest groups, fan-based actions at the event (such as large groups sporting branded t-shirts) or close-to-the line advertising campaigns such as Paddy Power's billboard posters promoting its sponsorship of the 'largest athletics event in London this year' (being a village called London in France). Form a strategy for dealing with the full spectrum of possible activities. Such a strategy may include monitoring social media websites, creating template cease and desist letters, taking legal advice and preparing for emergency injunctions in the event that immediate action becomes necessary. Do not rely solely on event organisers While

Ownership issues may arise when companies contract out work projects to third parties who develop work on their behalf, such as an advertising agency commissioned to produce material for printed advertising or to be featured on the company's website. Therefore it is important to identify the owner of the copyright work. The first owner of any copyright in a work is usually the creator (known as the author), for example, an author, artist, designer or computer programmer. Title and ownership should be established before selling, licensing or adapting a work. If copyright is not dealt with expressly between the creator of the work and the commissioner? Where use of the commissioned work is not dealt with specifically under the terms of an agreement, the author retains the ability to control the ways in which the copyright work is exploited. This may affect the commissioner's ability to copy, publish and disseminate the work. A lack of certainty may lead to a legal dispute about what the commissioner can do; the author may seize the opportunity

HMRC consists of specialist departments dealing with specific areas of employment related securities (ERS) and share schemes. The specific HMRC department to contact depends on the particular issue in question. General employment related securities It used to be that any technical query in regard to tax-advantaged shares schemes and ERS be directed to the Employee Share Schemes Unit and that any technical query relating to enterprise management incentives (EMI) schemes be directed to the Small Company Enterprise Centre. However, following Employment Related Securities Bulletin 30 (October 2018), it appeared that HMRC was making a concerted effort to re-direct such queries (save for advance assurance applications—see: EMI advance assurance below) through the non-statutory clearance process. This was reiterated, and more details provided, in Employment Related Securities Bulletin 39 (August 2021). However, contrary to this, HMRC updated its Contact HMRC page to state that for any general ERS issues including the registration of ERS schemes and arrangements, HMRC should be contacted by phone on 0300 322 7074. In addition, for any technical

Protection of investment A database right in a database is infringed if an alleged infringer extracts or re-utilises all or a substantial part of its contents or where systematic extraction or re-utilisation of insubstantial part of the contents of the database amounts to the extraction or re-utilisation of a substantial part of those contents. The right to prevent extraction and re-utilisation stems from the database right that protects the investment of the maker of the database in the arrangement and verification of it. This protection of investment is the main point for the client to understand. The protection is not given to the investment in the creation of information but on investment made in the generation of a database as a storage and processing tool for information. 'Substantial investment' is an investment that is considerable in, for example, financial, human or technical resources in a qualitative (intellectual effort or energy) or quantitative sense, or both (see the Directmedia case). Bringing a claim—the risks Database right arises naturally (without a need to

National savings certificates National savings certificates are one of the products, including premium bonds and cash ISAs, offered to the public by the government agency National Savings and Investments (NS&I). See Practice Note: National Savings & Investments products and Tax efficient investments—overview. They can be fixed interest certificates or, as envisaged by the question, index-linked—the principles regarding payment of interest would be the same. These type of certificates were closed to new investors in 2011 but existing holders can renew their certificates for the same or a different term (three years or five years). Since 1 May 2019 certificates that are renewed are index-linked to the Consumer Prices Index (CPI) instead of the Retail Prices Index (RPI). The CPI is lower than the RPI so there will be

Precedent agreements In the context of drafting an agreement regarding research and development, the concepts of foreground intellectual property ('Foreground') and background intellectual property ('Background') are sometimes used. In that context, 'Background' IP essentially means the IP which each party owned before they came together to do the development work and 'Foreground' IP refers to the IP which the parties create together during the course of the project. You may also find the following Lexis® IP Precedent useful: Collaboration agreement. This Precedent short form collaboration agreement provides for the collaboration of the parties in a programme of research and development in relation to a specific project and governs their share of the costs of the project. It sets out how background and foreground IP should be treated, includes confidentiality obligations and establishes a structure for the management of the project. We

You should determine the risk posed by an individual customer as part of your customer due diligence (CDD) measures and your anti-money laundering (AML) and counter-terrorist financing (CTF) systems and controls generally—see Practice Note: Money Laundering Regulations 2017—customer due diligence. Once you have decided on the level of CDD to apply, you then need to think about what documentation or evidence of identity you will require to satisfy that level. You should record your assessment of risk for each customer (see Precedent:

The Q&A: Which schools and educational establishments are ‘private’ and which are ‘public’ for the purposes of the gender pay gap reporting regulations? addresses the position under: • the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, SI 2017/172, and • the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353 See also Practice Note: Gender pay gap reporting. The Equality Act 2010 (EqA 2010) (under which these two sets of Regulations are made) forms part of the law of England and Wales. As set out in this Q&A, EqA 2010 (Gender Pay Gap Information) Regulations 2017, SI 2017/172 (often referred to as the ‘Private and Voluntary Sector’ Regulations): • apply to an employer who has 250 or more employees on the relevant snapshot date (the first of which being 5 April 2017), but • do not apply to an employer who is: ◦ a public authority specified in EqA 2010, Sch 19 or ◦ a