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PRACTICE NOTES
This Practice Note sets out a summary of the legal protection that can be obtained for geographical indications (GIs) and designations of origin, including appellations of origin, protected designations of origin (PDOs) and protected GIs (PGIs) under international and EU law. It sets out details of the international framework for protection pursuant to the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) alongside the protection afforded by EU regulations, with particular attention to the regulatory regimes applicable to different categories of product. It further outlines the enforcement mechanisms available to rights holders, and finally it considers how appellations of origin, PDOs and PGIs interact with trade mark law. For more information about protection of GIs under UK law, see Practice Note: Protection of geographical indications—UK. International protection of geographical indications Protection of GIs has been achieved through a variety of methods which date back
PRACTICE NOTES
This Practice Note sets out a summary of the protection that can be obtained for geographical indications (GIs) and designations of origin, including appellations of origin, protected designations of origin (PDOs) and protected GIs (PGIs) in the UK (including the differences between the regimes for Great Britain and Northern Ireland). It considers how appellations of origin, PDOs and PGIs interact with trade mark law. It sets out details of the international framework for protection pursuant to the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It also considers the relevant protections under UK law, including the UK GI scheme—put in place once the EU regime was no longer applicable in Great Britain—as well as the limited protection available under the Trade Marks Act 1994 (TMA 1994). Businesses often want to use marks which indicate the geographical origin of their products. In many circumstances, the geographical source of a particular type of product may indicate a level of quality or a particular characteristic
PRACTICE NOTES
During the course of a marriage or civil partnership where one spouse or civil partner is entitled to occupy a property by virtue of a beneficial estate, interest, contract or enactment, the spouse or civil partner who is not on the legal title to the property is entitled to register home rights (formerly known as matrimonial home rights) as a charge against the property under the Land Charges Act 1972 (LCA 1972) or the Land Registration Act 2002 (LRA 2002) depending on whether the property is registered or unregistered. The provisions regarding home rights are set out in Part IV of the Family Law Act 1996 (FLA 1996) and in FLA 1996, Schedule 4. In cases where the home is held jointly, both legally and beneficially, by the spouse or civil partner and the other spouse or the other civil partner then protection under FLA 1996 is not required. Home rights permit occupation, they do not give any right of ownership of any kind in the family home. They are personal rights not to be evicted or
PRECEDENTS
This document provides general guidance regarding the protection of home rights. Your family lawyer will be able to provide specific advice based on your circumstances. Home rights During the course of a marriage or civil partnership where one of you is entitled to occupy a property, if your name is not registered on the title to the property at HM Land Registry (HMLR), you are entitled to register home rights (formerly known as matrimonial home rights) at HMLR as a charge against the property. The provisions regarding home rights are set out in the Family Law Act 1996 (FLA 1996). Home rights permit occupation of the property, they do not give any right of ownership of any kind in the family home, nor do they act to exclude anyone else from the property—they are rights personal to you not to be evicted or excluded without leave of the court, and the right, with leave of the court, to enter and occupy the property if you are not already in occupation of the home. Your family
PRACTICE NOTES
These training materials consist of template PowerPoint slides and associated speaker notes that cover the key steps to be taken, and issues to be considered, by minority shareholders seeking to protect their rights: They are intended to assist legal advisers, directors and company secretaries in preparing one or more training sessions on these issues. In particular, the training materials focus on: • unfair prejudice claims • derivative claims, and • just and equitable winding up They
PRACTICE NOTES
Those requiring protection Chapter 4 of Part 2 of the Serious Organised Crime and Police Act 2005 (SOCPA 2005) makes provision for the protection of people involved in investigations and legal proceedings. The UK Protected Persons Service is a regional service delivered by the police but co-ordinated by the National Crime Agency (NCA). It is designed to ensure that witnesses and other vulnerable individuals whose lives are at risk receive protection and support by: • introducing national-quality standards, • ensuring better co-ordination across existing fragmented services, • promoting intelligence sharing between police forces, and • strengthening local services to create a consistent and accountable service  The Central Bureau of the NCA is the national headquarters of the UK Protected Persons Service, providing strategic and practical assistance and coordination to officers supporting protected persons. SOCPA 2005, s 82 enables a 'protection provider' (generally the police) to make appropriate protection arrangements for any
PRACTICE NOTES
Under bilateral investment treaties (BITs) and other investment protection treaties such as multilateral investment treaties (MITs), host states typically promise to provide certain baseline levels of reciprocol protection and treatment of investors. These baseline levels of protections can range from a promise not to discriminate against foreign investors in favour of local investors, through to a promise not to nationalise or expropriate an investment without payment of adequate compensation. This Practice Note provides an overview of the types of protection which are typically available under BITs and MITs, including: • fair and equitable treatment (FET) of investors (sometimes referred to as the FET standard) • full protection and security of investments • ‘national treatment’ of investors • ‘most favoured nation’ (MFN) treatment of investors, and • protection from expropriation without adequate compensation UNCTAD, the United Nations Conference on Trade and Development, maintains a useful, searchable database of BITs for each of the world’s countries. Fair and equitable treatment (FET) This standard of treatment, sometimes
GLOSSARY
A material or set of materials that absorbs radiation and is designed to reduce exposure.
GLOSSARY
Marking scheme published by the UK Government which is applied to documents and correspondence containing sensitive nuclear information. Allowable protective markings are: (a) OFFICIAL (b) SECRET (c) TOP SECRET The terms “UNCLASSIFIED”, “NON” and “NOT PROTECTIVELY MARKED” are used to indicate positively that a protective marking is not needed for the document or item of correspondence in question. All of the above terms should be avoided outside the context of the marking scheme.
GLOSSARY
An award of compensation made by an Employment Tribunal.
PRACTICE NOTES
This Practice Note provides information about PCOs, which place limits on the amount of costs to be paid in proceedings. It looks at when a PCO can be made, the form of a PCO, how to apply for one and the costs of a failed application. It also considers case law applying PCOs in closed material cases. Protective costs orders and cost capping orders The purpose behind a protective costs order (PCO) is to prevent litigants from being precluded from bringing valid claims merely on the basis of the costs involved in doing so. This is achieved by the PCO placing limits on the amount of costs to be paid in proceedings. Costs capping orders (CCOs) also place such limits but it is important to distinguish between PCOs and CCOs as the source of the court’s power in respect of the two is entirely separate and the function and purpose of the two types of orders are very different. In summary: • PCOs limit the level of costs a losing party will have to pay • CCOs
FLOWCHARTS
This flowchart outlines the different scenarios that apply to protective costs orders