IP rights are only valuable if they make money for the business. Even if they are used in the business, a proper exploitation programme may bring additional value. This Practice Note sets out practical guidance for businesses on exploiting their IP rights. It includes information about how to conduct an audit of IP rights and formulate an exploitation strategy. It covers the various methods of exploitation available, including assignment, licensing, taking security over IP and alternative ownership structures. It sets out the key points to include in assignments, licences and security documents, and guidance on policing the IP rights so as to ensure that their value is maintained. What are the key IP rights? A business is likely to own a number of different IP rights, some of which may be registered and some of which may be unregistered or arise automatically. The key IP rights that a business is likely to own are as follows: IP right Summary Further information Trade marks (registered) A trade mark is a sign used to distinguish the

How to use this checklist This Checklist set out the points to be considered when seeking to exploit your IP rights in the UK. It is split into four separate checklist—the first deals with how to formulate an IP strategy and effectively manage your IP rights, the second sets out key steps when assigning your IP right, the third deals with how to license your IP, and the fourth provides guidance on granting a security over your IP right. It is intended to be used alongside Practice Note: How to exploit your IP rights. Checklist for exploitation of IP rights—strategy and management The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Preliminary steps ☐ Establish ownership of the IP right In order to be able to exploit an IP right, you will need either to own the right or have permission from the owner to use it, for example under a licence.Original ownership varies depending on the right—eg a

This Practice Note provides practical guidance on how to export goods from the UK to any destinated outside of the UK. Introduction This Practice Note provides guidance on exporting, on a permanent basis, goods from: • England, Wales or Scotland to any country outside the UK, or • Northern Ireland to any country outside the UK and the EU Obtain an EORI number When the UK was a member of the EU, it adhered to the Union Customs Code. The UK continues to apply the Union Customs code and its regulations by virtue of the European Union (Withdrawal) Act 2018. Under the Union Customs Code a scheme was established in terms of which traders who needed to interact with customs and tax was allocated a unique identification number. This allowed the traders to make a declaration or apply for customs simplifications, approvals or decisions. As from 11 pm on 31 December 2020, the UK uses the EORI number. The EORI numbers have a ‘GB’ prefix if the goods are exported from England,

This guide provides practical information on reporting and updating the information held by the Registrar of Companies (the Registrar). In addition, it covers filing in electronic or hard copy format as well as giving information on Companies House offices, fees and forms. It also explains how users can search and find out information about a company using Companies House resources. The correct and timely filing of documents at Companies House is an essential task for many private practice and in-house lawyers, company secretaries, directors and others. Some company actions only take effect upon the registration of a document filed at Companies House (eg reductions of capital or a change of company name) and carrying out the filing procedure correctly is essential to the transaction's success. The timing of a particular filing might be crucial to a wider transaction, and if a document is filed incorrectly, it could have a major knock-on effect on the timetable for the next steps. Any queries relating to unusual filings or the correction of filings should be

Who can make an out-of-court administration appointment outside of court opening hours? Where an administrator appointment must be made urgently but the court is closed, the holder of a qualifying floating charge (QFCH) may file a notice of appointment with the court, notwithstanding that the court is not open for public business. When the court is closed (and only when it is closed), a QFCH may file a notice of appointment with the court by emailing it (or sending it as an attachment to an email) to a designated email address. The usual conditions apply as to whether a QFCH is entitled to appoint an administrator, including the provision of sufficient notice to any prior floating charge holder and that the floating charge must have become enforceable. For further detail, see Practice Notes: Out-of-court administrator appointments—who can appoint and in what circumstances?, Out-of-court administration appointments by a QFCH—the procedure and Security review checklist. How is the appointment made? What information must be provided? The notice of appointment must contain

In a competitive professional services market firms are differentiated by the quality of the staff they hire. Recruiting and selecting the right candidate is only half the battle, once they are on board you need to develop and hang on to them to give yourselves the best advantage in an increasingly competitive and fickle market. This Practice Note covers: • what is talent management • the business case for talent management • what stops a talent management strategy working • talent management model • developing a talent management strategy What is talent management? Talent management is a term that has grown increasingly popular over recent years. More than just another addition to the management jargon lexicon, if implemented correctly it allows firms to develop a culture committed to creating, supporting and developing a workforce of top-performing individuals—an ideal many firms aspire to but few actually achieve. Talent management involves: • identifying what talent is required within the organisation, both now and in the future • putting into place frameworks

This Practice Note looks at the practical steps involved in forfeiture, in order. With a flowchart and further explanation for every stage, it provides guidance from deciding whether to forfeit a lease, checking that the landlord is entitled to do so, and serving notices, through to the forfeiture action itself, follow-up steps, relief from forfeiture, and reletting. There are notes below the flowchart with further guidance on each step. Consider whether forfeiture is suitable There are many practical matters to be considered before deciding to forfeit a lease. These will include, at least, the landlord’s intentions for the property, the current market rent (if relevant) and the tenant’s financial position. These, and other issues, are discussed in Practice Note: Forfeiture of a lease—Practical considerations before forfeiting. Also bear in mind that any sublease will come to an end (subject to the right to seek relief from forfeiture, and to the rights of residential sub-tenants with security of tenure). See Practice Note: Forfeiture of a lease—Effect of forfeiture. Check that there is a relevant covenant Leases

This Practice Note looks at the key steps required for a landlord to forfeit a residential lease, assuming that no security of tenure applies (such as assured tenancy status). It covers the pre-conditions that must be met before the lease can be ended, whether the tenant’s breach is non-payment of rent, service or administration charges, or another breach of covenant. The requirements are set out in detail in Practice Note: Statutory limitations on the landlord’s right to forfeit a long residential lease. This Practice Note is not an exhaustive guide to the recoverability of service or administration charges; for further guidance, see: Residential service charge disputes—overview. For a landlord’s guide to forfeiture of a lease generally, see Practice Note: How to forfeit a lease. Do preliminary checks Ensure that forfeiture is the best remedy for the landlord. Check that there is a forfeiture clause and the right to forfeit has not been waived. See Practice Note: Forfeiture of a lease. Confirm whether the lease qualifies as a ‘long lease’ of a

This Practice Note explains the context in which ethics are relevant for business, as well as the purpose and content of a code of ethics. This is intended to help you decide what to cover in your own code of ethics, and to provide context for our Precedents. Ethics and business ethics Ethics are the moral principles guiding our behaviour and judgements, helping us to determine what's right and wrong. Ethics and the law, although related, are not the same thing. The law sets out the minimum compulsory standard of behaviour, while ethics goes beyond this and implies a higher standard of conduct. Business ethics concern the application of ethical values to business activities and functions. This applies to the conduct of individuals and that of organisations as complete entities. Any organisation can aim or choose to carry out its business in an ethical manner. This involves making choices that are ethically the right thing to do, rather than focusing on short-term profit generation. Whether an organisation is considered ethical

This is a complex area and much will turn on the facts. Does A have a complete defence to B's claim or just a partial defence? A defence to a claim arises if the party bringing the claim repudiated the contract before the alleged breach took place. Generally, a repudiatory breach occurs when one party to a contract declares its intention not to perform its primary obligations under the contract. The obligation must go to the very core of the contract and substantially deprive a party of the absolute benefit that the contract was intended to provide. Anticipatory breach can result in repudiation. An anticipatory breach occurs where a reasonable person would believe that the party does not intend to fulfil its obligations under the contract. An anticipatory breach

Having a well thought-out and accessible health and safety structure in place can help an organisation manage these aspects effectively and efficiently. An organisation should therefore: • identify its overriding principles and objectives for ensuring the health and safety of its key stakeholders, ie what it wants to achieve (see subtopic: Health and safety policy) • identify key members of staff and obtain their input • conduct a risk assessment (see Practice Note: How to conduct a health and safety risk assessment) • formulate an action plan justifying what the organisation needs and why • implement the plan, and • review the plan This Practice Note deals with how to formulate, implement and review a plan to manage health and safety, and control associated risks in an office-based workplace. Other industry/workplace-specific issues may arise in different working environments. For information about regulatory requirements relevant to health and safety assessment and planning, see Practice Note: Health and safety assessment and planning—regulatory requirements. Why have a plan? Having in

This Practice Note provides information for commercial organisations on drafting and implementing a health and safety policy. It sets out key issues to consider and refers to tools that could be of assistance. It also addresses the value in having a policy document that both sets out the overall commitment to health and safety and details the organisation’s objectives and goals. This Practice Note covers health and safety requirements in an office-based workplace. Other industry/workplace-specific requirements may apply in different working environments. For information about regulatory requirements relevant to implementing a health and safety policy, see Practice Note: Health and safety policy—regulatory requirements. What is a health and safety policy? A health and safety policy is a document that sets out the organisation’s principles and objectives for ensuring the health and safety of staff and visitors. A health and safety policy should ordinarily be differentiated from a health and safety plan, which is used to develop and document the actual steps and procedures the organisation puts in place to meet its