ARCHIVED: This Practice Note has been archived and is not maintained. It collates key developments relating to the trade in services generally between the UK and EU and a timeline of the UK/EU negotiations for their future trading relationship from exit day (31 January 2020) up to IP completion day (31 December 2020). For information on the impact of IP completion day on the trade in services, see Practice Notes: What does IP completion day mean for Commercial? and What does IP completion day mean for the supply of services? STOP PRESS: On 24 December 2020, the European Commission and UK government announced an agreement in principle on the legal terms of the future UK-EU relationship. Announced just one week before IP completion day, the EU-UK Trade and Cooperation Agreement (TCA), and associated agreements came at the eleventh hour, leaving little time to put in place the necessary legal and practical arrangements to make the deal fully operational. The deal was signed on 30 December 2020 and approved by the UK

This Practice Note provides practical guidance on trade in services under the Australia-UK Free Trade Agreement (Aus-UKFTA). It provides guidance on the scope of the services covered under the FTA and the commitments as they relate to, among others, national treatment, most favoured nation (MFN) treatment, market access, local access, domestic regulation and transparency. Introduction The Aus-UK FTA covers not only trade in goods, but also trade in services, investment, intellectual property, government procurement as well as a host of chapters dealing with issues such as the environment, gender equality and development. This Practice Note specifically deals with trade in services. Scope of the Aus-UK FTA The General Agreement on Trade in Services (GATS) regulates measures that affect the supply of a service. For guidance hereon, see Practice Note: An introduction to Trade in Services. The Aus-UK FTA lists some of the measures that may affect the supply of a service as: • the production, distribution, marketing, sale and delivery of a service • the purchase or use of, or payment for, a service

This Practice Note provides practical guidance on trade in services under the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP). It provides guidance on the scope of coverage of trade in services under the CPTPP, the commitments as they are related to, among others, non-discrimination, market access, recognition of qualifications or experience as well as commitments on professional services and express delivery services. Introduction The CPTPP as a free trade agreement does not only make liberalisation commitments for trade in goods, but also includes commitments on trade in services among the CPTPP Member States. What is the scope of the CPTPP? The General Agreement on Trade in Services (GATS) regulates measures that affect the supply of a service. For guidance hereon, see Practice Note: An introduction to Trade in Services. The CPTPP lists some of the measures that may affect the supply of a service as: • the production, distribution, marketing, sale and delivery of a service • the purchase or use of, or payment for, a service • the

This Practice Note provides an overview of the main aspects of the UK-EU Trade and Cooperation Agreement (the UK-EU TCA) that are relevant to trade in services between the UK and the EU. It addresses the scope of the UK-EU TCA as is relevant for services, the principles of general application, such as Market Access, National Treatment, Most Favoured Nation (MFN), Domestic Regulation, performance requirements, professional qualifications, entry and temporary state of persons for business purposes and the nationality of senior management and boards. It also addresses disciplines specific to delivery services, telecommunication services, financial services, international maritime transport services and legal services. Introduction to the UK-EU Trade and Cooperation Agreement On 24 December 2020, the UK and EU negotiators reached an agreement on the UK and EU’s future relationship. The UK-EU TCA is a comprehensive agreement dealing with numerous aspects related to the UK’s decision to leave the EU’s internal market (Brexit). As a result, the agreement does not only cover trade in goods and services. It also addresses numerous other

This Practice Note provides practical guidance on trade in services under the United Kingdom and India Comprehensive Economic and Trade Agreement (UK-India CETA). It provides guidance on the scope of the services covered under the UK-India CETA and the commitments as they relate to, among others, most favoured nation (MFN) treatment, national treatment, market access and domestic regulation. Introduction The UK-India CETA covers not only trade in goods, but also trade in services, trade in financial services, temporary movement of natural persons, trade in telecommunications as well as a host of chapters dealing with issues such as government procurement and trade and development cooperation. This Practice Note specifically deals with trade in services, specifically chapter 8 of the UK-India CETA. The UK-India CETA become effective on 15 July 2026. Scope of UK-India CETA The General Agreement on Trade in Services (GATS) regulates measures that affect the supply of a service. For guidance hereon, see Practice Note: An introduction to Trade in Services. The UK-India CETA also applies to all measures by a party

This Practice Note provides practical guidance on trade in services under the UK and Japan Comprehensive Economic Partnership Agreement (UK-Japan CEPA). Introduction The UK-Japan CEPA covers not only trade in goods, but also trade in services, investment liberalisation, temporary movement of natural persons, regulatory matters relating to domestic regulation, postal and courier services, telecommunication services, financial services and international maritime transport services as well electronic commerce. This Practice Note specifically deals with four modes of supply of trade in services as enumerated under Chapter 8 of the UK-Japan CEPA and does not cover regulatory matters relating to domestic regulation, postal and courier services, telecommunication services, financial services and international maritime transport services. Scope of the UK-Japan CEPA The General Agreement on Trade in Services (GATS) regulates measures that affect the supply of a service. For guidance hereon, see Practice Note: An introduction to Trade in Services. Under the UK-Japan CEPA, a distinction is made between the four modes of supply. Modes 1 and 2 are dealt with separately from Mode 3 and Mode 4

This Practice Note provides practical guidance on the trade in telecommunications services. It focusses on the Annex on Telecommunication Services and should be read in conjunction with the practical guidance on the General Agreement on Trade in Services. Guidance is provided on the scope of the Annex on Telecommunication Services as well as the obligations which Member States assumed. These obligations focus on the right to assess and the use of telecommunication transport networks and services as well as any conditions. The guidance is complete as it covers all other obligations contained in the Annex on Telecommunication Services. Introduction Trade in telecommunication services is regulated by the World Trade Organization’s (WTO) General Agreement on Trade in Services (GATS). As such, our guidance on the GATS is also applicable to trade in telecommunication services. See Practice Note: An introduction to Trade in Services. However, WTO Member States also agreed to the Annex on Telecommunication Services (Annex). The Annex elaborates on the provisions of the of the GATS with respect to measures affecting access to and use of public telecommunications

Section 1 of the Trade Marks Act 1994 defines 'trade mark' as any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

A trade mark is intellectual property. It is a distinctive sign which distinguishes the goods or services of one business entity from those of others.

Managing a trade mark and/or passing off dispute This Practice Note sets out the practical and strategic considerations to be taken into account by practitioners and their clients when bringing a claim for trade mark infringement and/or passing off in the UK, and when defending such a claim and/or counterclaiming for invalidity of a trade mark. It includes key issues for right holders (or claimants) to check when deciding which rights to rely on and the main points to be established when planning an infringement case, including practical tips on evidence gathering. It considers best practice when drafting statements of case and the strategic issues to be addressed when deciding on the appropriate forum for the dispute. It also includes key issues for alleged infringers (or defendants) to take into account when preparing their defence and/or counterclaim. It sets out guidance on efficient case management and summarises alternative routes to resolving disputes if litigation is not appropriate. Litigating trade mark disputes can be complicated because they often involve a number of overlapping claims.

How to use this Checklist This Checklist is designed to highlight issues that commonly arise during the negotiation and drafting of the following types of agreement: • Trade mark assignment (pro-assignor) • Trade mark assignment (pro-assignee) For further information on the legal provisions underpinning the assignment of trade marks and the formalities required, see Practice Note: Assigning intellectual property rights. For more information about negotiating an IP assignment clause, see Practice Note: Negotiation guide—intellectual property assignment clause. This Checklist can also be adapted for use as a heads of terms to record basic agreed terms while a formal trade mark assignment is being negotiated. For guidance on how to do this, see Precedent: Heads of terms—commercial contracts. Checklist schedule for proposed trade mark assignment Checklist Further information Notes (if any) Key commercial considerations ☐ Parties Confirm which entities will be party to the agreement—identify which entity owns the trade marks (ie the assignor) and the entity to which they will be transferred (ie the assignee). Confirm each party’s legal status and whether any third parties (such

This Deed is made on [insert date] Parties 1 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignor); and 2 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignee) (each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties). Background (A) The Assignor is the [registered] owner of certain trade marks. (B) The Assignee is [insert description of the Assignee’s background/background to assignment or relevant transaction]. (C) [On [insert date] the Assignor submitted an application to the [United Kingdom Intellectual Property Office OR European Union Intellectual Property Office] to register a [proposed trade mark OR certain proposed trade marks].] (D) The Assignor agrees to assign its rights in [that trade mark OR those trade marks OR [and in the application for the proposed trade mark trade marks] ] to the Assignee and the Assignee agrees to accept the assignment in accordance with the terms of this Deed. This deed provides: 1 Definitions and interpretation