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PRECEDENTS
1 Bribery Laws means the Bribery Act 2010 [and all other applicable UK legislation, regulations and codes in relation to bribery or corruption] [and any similar or equivalent
PRECEDENTS
Commencement Date means the date on which this Agreement is signed by both Parties; Default means any breach of the obligations of the relevant party (including[ but, not limited to, ]abandonment of this Agreement in breach of its terms, repudiatory breach or breach of a fundamental term) or any other default, act, omission, negligence or statement: (a) in the case of the Authority, of its employees, servants, agents; or (b) in the case of the Supplier, of its Sub-contractors or any Supplier's Personnel, in connection with or in relation to this Agreement; Prohibited Act means: (a) to directly or indirectly offer, promise or give to any person working for or engaged by the Authority a financial or other advantage
PRECEDENTS
1 Screening Requirement Further comment or actions identified ☐ Consider the level of bribery risk associated with:—the country within which the prospective partner operates;—the type of business it is; and—the risks associated with both these variables. [Insert any comments or action points identified] ☐ Identify the latest Transparency International Corruption Perceptions Index rating for that country. [Insert any comments or action points identified] ☐ Make enquiries as to the relevant civil/criminal law of the particular country to identify any significant differences to UK law (eg legality of facilitation payments). [Insert any comments or action points identified] ☐ Make enquiries as to whether the potential partner has a reputation for bribery of if they have ever been investigated, prosecuted, convicted or debarred for bribery offences. [Insert any comments or action points identified] ☐ Consider whether reciprocal anti-bribery agreements or 'boilerplate' clauses have been exchanged or incorporated into your contracts. [Insert any comments or action points identified] ☐ Consider whether licences or certificates have to be obtained in another country, and if so, whether:—you have been provided with details of fees payable to the department or officer responsible
CHECKLISTS
This Checklist covers the key considerations when formulating a strategy to combat counterfeiting and piracy. This Checklist should be used alongside Practice Note: Anti-counterfeiting and anti-piracy—strategy. Has the extent of the problem been assessed? Have the following people been consulted? • in-house personnel who have close involvement with the marketplace, including customer services staff who handle consumer complaints • external investigators tasked with assessing the level of counterfeit products in particular marketplaces (both online and in-stores) and making test purchases • agencies such as Trading Standards and HMRC/Border Force • internet service providers and website operators in respect of targets who appear to be predominantly operating online In some cases, employees or members of the public will notice counterfeit goods in shops, market stalls, at events or on holiday and will voluntarily notify the rights holder of such sightings. Has the following key information been identified? • territories most affected • products most affected • health and safety issues • level of risk to consumers and brand value • key perpetrators • any other trends Has
PRACTICE NOTES
The purpose of an anti-counterfeiting and anti-piracy strategy Many brand owners and other IP right holders face an uphill struggle when it comes to preventing counterfeiting and piracy activities in the UK and abroad. In order to avoid wasting time and costs, it is important to devise a clear anti-counterfeiting and anti-piracy strategy which sets out priorities in the context of a defined budget. However, flexibility is also key as right holders may face an unexpected counterfeiting or piracy crisis and should have reserve capacity to deal with such instances. This Practice Note provides guidance on the issues to consider and steps to take when tasked with tackling identified instances of counterfeiting and piracy. Since these terms do not have universally accepted definitions, they are used in this Practice Note to denote acts of trade mark infringement (counterfeiting), copyright infringement (piracy) and, in certain scenarios, design infringement, which constitute criminal offences as well as attracting civil liability. In this Practice Note, the word ‘target’ is used to refer to counterfeiters and pirates alike. This Practice Note does not detail
PRACTICE NOTES
This Practice Note summarises the main types of legal action that can be taken against the UK trade in counterfeit goods, the pros and cons of each, and includes some practical tips for brand owners. It covers actions by the authorities, including customs, Trading Standards (TS) and the police, as well as civil actions and private criminal prosecutions by right holders. In some countries, it is also possible to bring administrative actions against infringers, but these are not dealt with here. This Practice Note focuses on counterfeiting (meaning trade mark-related offences), but also touches on piracy (copyright-related offences) and offences relating to registered designs. This Practice Note deals with anti-counterfeiting activity both online and offline. For more information about brand protection online, see Practice Note: Brand protection online—strategy and Brand protection online—checklist. For more information about dealing with counterfeit goods at EU-level, see Practice Note: IP enforcement and the EU customs regime. For further reading, see the following guidance published by the UK Intellectual Property Office (IPO): • IP crime and enforcement for businesses • IP:
GLOSSARY
This principle seeks to prevent parties from contracting out of the statutory regime for the collection, realisation and distribution of an insolvent estate. It prevents assets that should form part of an insolvent estate from being removed from that estate.
PRECEDENTS
Add new Article 14 as follows: 14. Anti-dilution 14.1 In this Article 14, unless the context otherwise requires the following expressions shall have the following meanings: New Securities means any Shares or other securities convertible into, or carrying the right to subscribe for Shares, issued by the Company after the date of adoption of these Articles. 14.2 If the Company issues any New Securities at a price per Share less than the Issue Price of the Preferred Shares (Qualifying Issue), the Company shall, subject to Article 14.6, make a bonus issue of such number of [Ordinary OR Preferred] Shares (Anti-Dilution Shares) to each holder for the time being of Preferred Shares (Exercising Investors) calculated as follows (rounding down to the nearest whole Share): [ [Full Ratchet] ADS = (TP / P) – N Where: ADS = the number of Anti-Dilution Shares; TP = the total amount subscribed (whether in cash or by way of conversion of loan) by such Exercising Investor for their Preferred Shares prior to the Qualifying Issue; P = the lowest price at which each New Security is to be issued (which
PRACTICE NOTES
Boilerplate provisions in public sector contracts This Practice Note looks at equality and anti-discrimination clauses in public sector contracts. For more information on what contracting authorities (and other interested parties) need to know when using boilerplate provisions in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023. The existing public procurement rules (including the Public Contracts Regulations 2015 (PCR 2015) and Procurement Practice Notes (PPNs), Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) and/or those governed by other statute(s) (such as health care procurements) continue to apply to procurements already commenced when the PA 2023 regime entered into force. Procurements starting after the entry into force of PA 2023 must be conducted by reference to PA 2023 only. Procurements commenced under the previous legislation
PRACTICE NOTES
This Practice Note provides practical guidance on the types of reviews that may occur in the duration of anti-dumping duties. It includes guidance on new shipper, interim, expiry and judicial reviews. Introduction The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the ‘Anti-dumping Agreement’) makes provision for numerous reviews that may occur in the duration of anti-dumping duties. One review caters for exporters who did not export during the period of investigation of the original anti-dumping investigation. This allows them to receive their own specific anti-dumping duty (or no duty if that is the case) as opposed to the residual anti-dumping duty applied to the Member State from which they import. Another review that occurs prior to the expiry of five-year period for which anti-dumping duties are imposed is the interim review. Interim reviews cater for cases where there is no longer a need to have the anti-dumping duties imposed or where the anti-dumping duty must be increased. This caters for situations where there either is no dumping or there is
PRACTICE NOTES
This Practice Note provides a comparison of the main differences between the EU, UK and the US in conducting anti-dumping investigations. EU UK US Has the Anti-dumping Agreement been incorporated in national law? The EU has implemented EU legislation, Council Regulation EU No. 2016/1036, (to incorporate the Anti-dumping Agreement’s provisions into EU law. The UK has implemented legislation to incorporate the Anti-dumping Agreement provisions into UK law. The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 sets out the rules and procedures for anti-dumping investigations (as well as countervailing investigations).The UK also promulgated the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019, SI 2019/910 which deals with appeals and reconsiderations of anti-dumping determinations. These regulations must however be read with the Taxation (Cross-border Trade) Act 2018. The US has implemented the Tariff Act of 1930 to incorporate the Anti-dumping Agreement’s provisions into US law. The provisions dealing with anti-dumping investigations are located in Subtitle B of Title VII of the Tariff Act of 1930 see 19 USC. Which authority conducts the investigation? The European
NEWS
Notice of initiation of an anti-dumping proceeding concerning imports of acetylsalicylic acid originating in the People’s Republic of China has been published in the Official Journal of the European Union.