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If starting infringement proceedings is not your day job, the following points may help reduce exposure to common pitfalls when litigation is contemplated: Take stock Cover the following with your client: evidence that the IP right exists, is in force and subsisting, that the client is the proprietor or exclusive licensee, that the alleged act is an infringing act, whether an infringement has occurred and the damage to the IP right and loss to the client's business. Decide whether immediate action is required to restrain the infringing act (an injunction). Gather evidence Obtain a sample of any infringing product being offered for sale, retain the invoice and any packaging, or make or gather records of any other appropriate orders or offers (eg in cases involving infringing services), and gather evidence of any physical and online advertising (including screenshots or photographs).

What are counterfeit goods and what should I do about them? "Counterfeit goods (or 'fakes') generally bear a brand name or logo which is identical to or likely to be mistaken for another party's trade mark. Dealing in such goods may therefore constitute trade mark infringement and/or passing off, if members of the public mistakenly believe that the goods originate from the trade mark owner. Counterfeit products are usually of inferior quality. Build an anti-counterfeiting strategy No brand will have unlimited funds at its disposal to go after every counterfeiter it encounters. Consequently it is important to build a strategy to make best use of available budget. Some brands may concentrate on low cost options such as mass cease and desist letters and utilising free take down notices on the Internet. Other brands might go after large scale offenders or focus on specific countries while leaving small scale counterfeiters alone. Assess the activities that are most damaging to your brand and prioritise accordingly. Consider creating a dedicated anti-counterfeiting role in your business. Counterfeit

Brands and the Internet Brands can exploit the Internet as a platform for cost-effective marketing and rapid business expansion. However, those technologies which help brands gain a global reach also facilitate infringers and criminals misusing brands by way of cybersquatting, selling counterfeit goods, profiting from misdirected customers, etc while hiding behind the anonymity of the Internet. Your brand may also be under threat by critical competitors, customers, employees or pressure groups. There are many facets of online activity that can tarnish your brand, confuse and frustrate customers and ultimately result in a loss of business. Register trade marks and domain names While trade mark registrations are not an essential means to brand protection and enforcement, registrations mean you can take action for trade mark infringement which is usually simpler and cheaper than more evidence-based actions such as passing off in the UK or unfair competition in Europe. Ensure that trade mark and domain name registrations are in place for key trade or product names. Consider including countries where you may not have

Investigate Try to establish the full extent of infringing acts as soon as possible; consider trap purchases, on-site visits and online research. Is there evidence of consumer confusion? Establish the identity of the infringer(s). See Practice Notes: Trade mark infringement—UK and Trade mark infringement—EU. Assess whether the infringer is in fact authorised to use the mark or has another defence, eg is using its own name. See Practice Note: Defences and exceptions to infringement of UK trade marks. Assess risks Enforcing your trade mark carries risks. Consider the prospect of the infringer bringing counter-proceedings such as a groundless threats claim (see Practice Note: Unjustified threats of

If a company operates any tax-advantaged or non-tax advantaged employee share scheme under which UK participants receive shares or share-based awards, an annual return needs to be submitted online with HMRC in respect of that scheme. Even if there have been no reportable events for a registered scheme during the relevant tax year, then a nil return will still need to be filed for the scheme, otherwise penalties will apply. For fuller details on the circumstances in which a scheme needs to be registered and an annual return filed, see Practice Note: FAQs on UK share schemes registration and annual returns. Before being able to submit an annual return in relation to an employee share scheme, the scheme needs to have been registered with HMRC under its ERS Online Service (for details of the registration process, see Q&A: What is the process for registering an employee share scheme online with HMRC?). The company will then be issued with a Unique Reference Number

Addition and substitution of parties—Part 19 of the Civil Procedure Rules 1998 (CPR) Under CPR 19.4(1), the court's permission is required to remove, add or substitute a party, unless the claim form has not been served. In this case, where you say the claim was issued and served in time, permission is therefore required. In cases where the limitation period has ended, CPR 19.5 applies and the provisions set out in CPR 19.2 do not apply. Assuming your case falls within CPR 19.5(1), the court may add or substitute a party after the expiry of any relevant limitation period if: • the claim was brought within the limitation period, and • it is necessary to add or substitute the party One of the circumstances in which the court will consider a substitution to

A surrender is a voluntary act of the parties whereby, with the landlord's consent, the tenant surrenders his lease to the landlord so that the lease merges with the reversion and is thus brought to an end. The surrender may be either express, that is by an act of the parties having the expressed intention of effecting a surrender, or by operation of law, that is as an inference from the acts of the parties. A surrender must be of the entire term in the premises; hence a tenancy held jointly cannot be surrendered by one of two joint tenants. A part only of the demised premises may, however, be surrendered provided that the landlord consents to this. The termination of a licence can also be achieved by agreement or by operation

Main concept Cybersquatting involves a party registering an existing brand name (or something confusingly similar) as a domain name with the intention of selling it on at a profit, typically to the relevant brand owner. In the late 1990s, holding businesses and individuals to ransom generated vast profits for cybersquatters but now brand owners are generally more aware and quicker to register relevant domain names. In addition, inexpensive and simple complaint procedures can be used against cybersquatters in order to obtain a transfer of the domain name to its 'rightful' owner. Create a policy for dealing with cybersquatting Some well-known brands have a policy for tackling cybersquatting which helps to ensure resources are allocated in the most appropriate way. For example, a policy could: • prioritise domain names that link to websites likely to cause brand damage and consumer confusion and potentially divert customers • focus on certain jurisdictions • create a system for dealing with less worrying activities, eg monitor the websites in question and track changes of ownership • set a budget for purchasing

Summary A member of a limited liability partnership (LLP) may create a security interest in favour of a lender over its rights in the relevant LLP. This might be desirable where the member is raising money to make a capital contribution to the LLP or simply to secure an existing loan made for another purpose unrelated to the LLP. The basic mechanism to create security is for the member to enter into a charge or assignment by way of security over its membership rights, such as voting rights and distributions, in favour of the security holder. In addition to any LLP partnership agreement there are several statutory provisions contained in the Limited Liability Partnership Act 2000 (LLPA 2000) and the Limited Liability Partnerships Regulations 2001, SI 2001/1090 (LLPR 2001) which a lender should consider before taking security. Partnership agreement The LLP Act and LLP Regulations The provisions of the LLPA 2000 and the LLPR 2001 form a default regime for LLP governance for matters not

A discretionary trust usually takes the form of a power conferred on the trustees or some other persons (usually two in number or a trust corporation) to appoint, by deed, the whole or any part of the income or capital of the trust fund; Low v Bouverie. Termination of a trust Because a trust of property cannot exist unless there is property held on trust, once a trust has been duly emptied of all of its assets, there is no trust. Thus, in a simple case of a fixed trust for A for life, remainder to B, once A dies the trustees hold the assets on a bare trust for B; and such trust terminates once all the trusts assets are transferred to B or to others as directed by B. In the case of a discretionary trust to distribute capital among a class of beneficiaries alive at the end of the trust period, the trust terminates once all the trust assets have been transferred

Details on how to terminate a registered share scheme are contained in Employment Related Securities Bulletin 24 (June 2017) and Employment Related Securities Bulletin 25 (September 2017). To cease a share scheme, you should access the Employment Related Securities (ERS) service through the company’s Pay As You Earn (PAYE) for employers account. • select ‘View schemes and arrangements’, you’ll need to scroll down to the bottom of your screen to view schemes and arrangements • select