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PRECEDENTS
[insert address of trade mark proprietor] Our ref: [insert reference] Your ref: [insert reference] [insert address of recipient] [insert date] Dear [insert name of recipient] Authorisation to use registered trade marks: [insert details of trade marks at issue] We are the proprietor of the registered trade marks shown at Schedule 1 to this letter (the Trade Marks). For the avoidance of doubt, we shall refer to ourselves as we in this letter agreement (the Agreement). We write pursuant to your request dated [insert date] to use the Trade Marks in [insert territory] (the Territory). We hereby authorise [insert name of requesting party] (you) to use the Trade Marks on the terms set out in this Agreement as follows: 1 Authorisation to use [From the date of this letter OR From [insert effective date]] we hereby grant you a non-exclusive, non-transferable,[ royalty free,] [ fully paid-up,] revocable licence to use the Trade Marks in the Territory, subject to the terms and conditions of this Agreement. 2 Limitations on use You hereby agree that the Trade Marks shall only be used by you as follows:
GLOSSARY
Trade regulation describes the body of law and regulatory measures governing how businesses buy, sell and supply goods and services, both domestically and in international trade. It is a broad, descriptive term rather than a single defined concept, and in UK and Irish practice typically encompasses competition law, consumer protection law, unfair commercial practices, sector‑specific regulatory regimes, and rules on imports, exports and customs.Key legal instruments include the Competition Act 1998, Enterprise Act 2002, retained EU competition and consumer law in the UK, and the Competition Act 2002 and Consumer Protection Act 2007 in Ireland, together with EU internal market and trade rules (for Ireland) and the UK’s post‑Brexit trade arrangements. Competition authorities (CMA in the UK; CCPC in Ireland) and sector regulators play a central role.In commercial practice, advising on trade regulation involves assessing distribution and supply agreements, pricing and exclusivity arrangements, merger control, market dominance issues, cross‑border sales restrictions, and compliance with consumer and advertising standards. Usage of the term is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though specific statutory frameworks and retained EU law differ.
PRACTICE NOTES
This Practice Note is a horizon scanner tracking key future developments any trade remedy investigation which could impact UK originating goods. It provides details of key dates for your diary (including forecasted dates where the actual date is unknown) and relevant commentary in relation to: • Anti-dumping investigations ◦ initiation of the investigation ◦ registration as an interested party ◦ exporter sampling/selection ◦ due
PRACTICE NOTES
This Practice Note provides practical guidance on the use of trade remedies under the Australia and UK Free Trade Agreement (Aus-UK FTA). As such, it provides practical guidance on the application of anti-dumping duties, countervailing measures and safeguard measures under the Aus-UK FTA. Introduction The Aus-UK FTA is a comprehensive free trade agreement. As such, it does not only deal with trade in goods but also with a host of other trade aspects such as: • rules of origin. For guidance on the rules of origin under the Aus-UK FTA, see Practice Note: Rules of origin of the Aus-UK FTA. For guidance on how to claim preferential tariff treatment, see Practice Note: How to claim preference under the Aus-UK FTA • technical barrier to trade. For guidance on technical barriers to trade under the Aus-UK FTA, see Practice Note: Sanitary and phytosanitary measures under the Aus-UK FTA • sanitary and phytosanitary measure. For guidance on sanitary and phytosanitary measures under the Aus-UK FTA, see Practice Note: Trade in services in the Aus-UK FTA • trade
PRACTICE NOTES
This Practice Note provides practical guidance on the use of trade remedies under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). As such, it provides practical guidance on the application of anti-dumping duties, countervailing measures and safeguard measures under the CPTPP. Introduction THE CPTPP is a free trade agreement made up for 11 countries, being Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. It follows on from the original Trans-Pacific Partnership Agreement (TTP) to which the United States was also a negotiating partner. In fact, the CPTPP incorporates all of the provisions of the TPP save for the provisions relating to accession, entry into force, withdrawal and what constitutes the authentic texts of the TPP. Several other countries have applied to join the CPTPP which includes China, Costa Rica, Ecuador, Taiwan and Uruguay. The UK also applied to join the CPTPP on 1 February 2021. On 31 March 2023, the UK government announced that it had substantially concluded negotiations on acceding to the CPTPP. On 15 July 2023, the UK
PRACTICE NOTES
This Practice Note provides practical guidance on the use of trade remedies under the UK and Eastern and Southern Africa States (ESA) and Economic Partnership Agreement (UK-ESA EPA). As such, it provides practical guidance on the application of anti-dumping duties, countervailing measures and safeguard measures under the UK-ESA EPA. Introduction The UK-ESA EPA a free trade agreement between the UK and the ESA states. It was negotiated as a result of Brexit and as such is mostly a copy of the Economic Partnership Agreement that the UK enjoyed when it was still part of the EU. The UK-ESA EPA came into force on 1 January 2021. It covers predominately trade in goods. For guidance hereon, see Practice Note: Trade in goods under the UK-ESA EPA. However, it also covers trade remedies that may apply to goods especially safeguard measures. Anti-dumping duties and countervailing measures The parties reaffirmed their rights and obligations under the World Trade Organization’s (WTO): • Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the
PRACTICE NOTES
This Practice Note provides practical guidance on the use of trade remedies under the UK and India Comprehensive and Economic Trade Agreement (UK-India CETA). As such, it provides practical guidance on the application of anti-dumping duties, countervailing measures and safeguard measures under the UK-India CETA. Introduction The UK-India is a comprehensive free trade agreement. As such, it does not only deal with trade in goods but also with a host of other trade aspects such as: • rules of origin. For guidance on the rules of origin under the UK-India CETA, see Practice Note: Rules of origin under the UK-India CETA. For guidance on how to claim preferential tariff treatment, see Practice Note: How to claim preference under the UK-India CETA • technical barriers to trade. For guidance on technical barriers to trade under the UK-India CETA, see Practice Note: Technical barriers to trade under the UK-India CETA • sanitary and phytosanitary measures. For guidance on sanitary and phytosanitary measures under the UK-India CETA, see Practice Note: Sanitary and phytosanitary measures under the UK-India CETA
PRACTICE NOTES
This Practice Note provides practical guidance on the use of trade remedies under the UK and Japan and Comprehensive Economic Partnership Agreement (UK-Japan CEPA). As such, it provides practical guidance on the application of anti-dumping duties, countervailing measures and safeguard measures under the UK-Japan CEPA. Introduction The UK-Japan CEPA covers trade in goods between Great Britain and Northern Ireland and Japan. It also covers topics related to trade in goods such as rules of origin, sanitary and phytosanitary (SPS) measures and technical barriers to trade (TBT). This Practice Note only deals specifically with trade remedies under the UK-Japan CEPA. The UK-Japan CEPA came into effect on 1 January 2021. Anti-dumping duties and countervailing measures The parties reaffirmed their rights and obligations under the World Trade Organization’s (WTO): • Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the ‘Anti-dumping Agreement’). For guidance on the Anti-dumping Agreement, see Practice Note: An introduction to anti-dumping duties • Agreement on Subsidies and Countervailing Measures (the ‘SCM Agreement’). For guidance on
PRACTICE NOTES
This Practice Note provides practical guidance on the use of trade remedies under the UK and Southern African Customs Union (SACU) and Mozambique Economic Partnership Agreement (UK-SACUM EPA). As such, it provides practical guidance on the application of anti-dumping duties, countervailing measures and safeguard measures under the UK-SACUM EPA. Introduction The UK-SACUM EPA a free trade agreement between the UK and SACU and Mozambique. It was negotiated as a result of Brexit and as such is mostly a copy of the Economic Partnership Agreement that the UK enjoyed when it was still part of the EU. The UK-SACUM EPA came into force on 1 January 2021. It covers predominately trade in goods. For guidance hereon, see Practice Note: Trade in goods under the UK-SACUM EPA. However, it also covers trade remedies that may apply to goods especially safeguard measures. Affirmation of adherence to WTO agreements on dumping and subsidies The parties retain their rights and obligations under the WTO’s: • Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade
GLOSSARY
A centralised registry that maintains an electronic database of information on open OTC derivative contracts.
NEWS
Corporate Crime analysis: Following the announcement of the creation of the Office of Trade Sanctions Implementation (OTSI) in December 2023, the UK government has confirmed that OTSI will be launching on 10 October 2024. OTSI sits within the Department for Business and Trade and will be responsible for the implementation and civil enforcement of certain trade sanctions. James Neale, senior associate of HFW, considers the scope of OTSI and what its guidance documents tell us about how OTSI is likely to use its powers for the implementation and enforcement of trade sanctions in the UK.
PRACTICE NOTES
The Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) created a UK specific framework for the implementation and enforcement of sanctions in the UK post-Brexit. The substantive UK sanctions regimes have been introduced through secondary legislation and SAMLA 2018 makes provision for regulations to be made on the enforcement of any prohibition or requirement imposed by a regulation. See Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force. SAMLA 2018 enables trade sanctions to be imposed under sanctions regulations. Trade sanctions are measures which restrict the direct or indirect import and export of goods, non-financial services or technology in relation to, or for use in or by a particular country, region or person. Note that trade sanctions overlap with, but are different from, export controls. See Practice Note: Understanding the UK trade sanctions regime—What are trade sanctions? Each individual sanctions regime may contain provisions relating to trade sanctions, listing the items and/or services which are prohibited. Regulations made under SAMLA 2018 create criminal offences