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CPR 2.8 provides information on how to calculate any time period for doing an act specified in
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Who can make a request? Any person, located anywhere in the world, can make a request for information. This is because the Freedom of Information Act 2000 (FIA 2000) creates a general right for any person to request access to information held by a public authority. The term 'any person' is very broad and includes individuals or corporations that are located anywhere, even from outside the United Kingdom. For more on who can make a request see Practice Note: Introduction to freedom of information — Rights and duties. From whom can I request information? The regime applies to public authorities, a term defined by FIA 2000 as any body which, any other person who, or the holder of any office
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In what circumstances can an application be made? A charge created by a company must be registered at Companies House. Significant consequences flow from a failure so to register. The requisite forms to effect the registration must be delivered to Companies House by the end of the period of 21 days beginning with the day after the creation of the charge. If the documents are delivered after that date, the Registrar will only register the charge if the documents are accompanied by a court order made following an application under section 859F of the Companies Act 2006 (CA 2006). CA 2006, s 859F is a provision which allows the 21-day period to be extended by application to court. Although the wording of CA 2006, s 859F(3) appears prospective in its nature, in practice, particularly given the test to be applied in CA 2006, s 859F(2),
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As set out in our Checklist: Checklist for the creation and registration of easements, an easement granted on or after 13 October 2003 must be completed by registration to take effect as a legal easement in accordance with the Land Registration Act 2002. Until registered,
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There is no international treaty on bar codes. Equally, there is no national or European legislation on them. However, two norms have come into being within the retail trade. Bar codes themselves have existed since 1973 when a committee of businesses in the United States effectively decided that the 'Universal Product Code' (UPC) would be the standard—in the United States at least. The other bar code in widespread use is the European Article Number (EAN)—also known as an 'International Article Number'. Current bar codes are mostly 'one dimensional', that is, they are made up of a series of lines and spaces of various widths that together can be scanned and read by laser bar code readers. Why do I need a bar code? The vast majority of retailers require suppliers to have bar codes that adhere to the standards referred to below. If your products do not have any bar codes on them, you probably won't be able to sell them to such retailers. How do I choose between
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Before you obtain a bar code for a publication you need to obtain either an 'International Standard Book Number' (ISBN) or an 'International Standard Serial Number' (ISSN) from the relevant national agency of the International ISBN Agency (Agency) and the relevant national centre of the International Standard Serial Number International Centre (Centre). In some countries, ISBNs and ISSNs are mandatory. This is not the case in the United Kingdom. That said, without an ISBN or an ISSN it would be difficult, if not impossible, to sell any publication in the United Kingdom through retail outlets. It is important to note that ISBNs and ISSNs are not connected with ownership of publications nor do they automatically confer copyright on publications or protect them from use by other publishers (See Practice Notes:Introduction to copyright & associated rights and Copyright formalities). Furthermore, neither an ISBN nor an ISSN relates to legal deposit under the Legal Deposit Libraries Act 2003 (and related legislation). Publications of printed music are assigned
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A non-party can obtain a copy of a statement of case filed before 2 October 2006 if the court gives permission. The non-party must accordingly make an application under CPR 23 identifying the document, or class of document sought and the grounds relied on. The application can be made without notice, but the court can direct that a notice is given to any person affected by the decision. For an example of how the courts might approach an application
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The idea You think you have invented a bestseller in the fashion industry—beautiful children’s shoes that grow with your child, called GRUEs. Protecting your creation from exploitation by third parties will be key to the success or failure of your business venture. Consider the aspects of your invention capable of protection Consider front-loading your efforts to find out whether the GRUE in any shape or form already exists. In a fashion context, an idea itself is generally not protected, only the expression of it. Depending on the jurisdiction in question, the design of your shoes may be protected by design rights, the original design drawings by copyright, the GRUE name and logo by trade mark rights, and the mechanism by which the GRUE shoe grows with your child by patents. Where to protect? Consider where to register or otherwise protect your rights. This should be done in all countries of interest. The jurisdictions in which you consider seeking protection will depend on a number of factors, including how easy it is to
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Keep it a secret If you have a new idea about how to do or make something, resist the temptation to tell people about it or publicise this, as patent law dictates that doing so will usually destroy the ability to patent that idea. Seek advice from an IP lawyer or a patent attorney An IP lawyer or a patent attorney will be able to tell you whether the idea is protectable under a patent or not. Patent law is complicated such that not every type of idea is automatically allowed to be protected by a patent. For example, they will be able to give you an idea of whether someone else has already obtained a patent for this invention. An example of a difficult area is patents for inventions that are all about software. It is advisable to consider alternatives as well. If the idea is not protectable with a patent, it may be protected in other ways, such as keeping
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What counts as confidential information? The legal definition of confidential information is information that is (i) confidential in nature, and (ii) disclosed in circumstances that give rise to a duty of confidentiality. What does this mean in practice? In many cases it will be obvious that information is confidential eg a customer database, a trade secret such as a new chemical formula or a business sales strategy. Sometimes it won't be obvious, eg oral communications at a work social event or informal email communications can constitute confidential information. Therefore it is vital to have (i) a system in place to protect confidential information, and (ii) ensure employees are aware of the risks and discouraged from using information unlawfully. Use contractual protection Many employment contracts will include provisions on confidential information. However, one size might not fit all and it is a good idea to seek legal advice to ensure that your employment contracts are suitable for your business and the different categories of employee. For example, different contractual measures may
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Understand copyright subsistence Copyright recognises the skill and labour expended by an author in creating a work. It is not so much about ideas as about the way they are expressed. In the UK, copyright is not a registered right: it arises automatically: the first step in protecting it, is to identify if it subsists in the relevant work. The subject matter must also be a work and the author of a work must qualify for protection. See Practice Note: Copyright—subsistence and qualification. For the kinds of works protected, see Practice Note: Copyright―protectable works. Use copyright notices Mark your work with a simple notice including the copyright symbol, eg © Copyright Lexis®Nexis 2013. For more detailed notices, see Precedent: Intellectual property notices and Do I need to use trade mark and copyright notices?. Do I actually
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In a nutshell If you have designed something such as a toy, a piece of furniture, a gadget, an item of clothing or other industrially-produced item and you believe your design to be truly new and original it may qualify for protection under design law. If your design qualifies for legal protection, it means you may be able to stop others copying certain aspects of your design. Design law can seem confusing because there are four different design rights you can rely on—two are UK-based (registered and unregistered) and two are European (also registered and unregistered). To register or not to register? UK unregistered design right (UDR) arises automatically and protects the shape and configuration of an item and therefore registration of your design may not be necessary. However, registration has many advantages that might outweigh the relatively modest costs involved. Registered designs: • last for up to 25 years whereas UDRs last between 10 and 15 years • protect 2D features such as surface decoration as well as 3D features (UDR only protects 3D).