What is a brand? The UK Intellectual Property Office (IPO) describes a brand as 'a promise of an experience which conveys to consumers a certain assurance as to the nature of the product or service they will receive'. A brand can be a company's most valuable asset as it will set it apart from competitors offering virtually identical products and services. The terms 'brand' and 'trade mark' are often used interchangeably but, in a strict legal sense, a trade mark is any sign which is capable of distinguishing goods or services of one undertaking from those of another undertaking whereas the definition of brand broader and less precise. The best way to protect a brand name is to register it as a trade mark at the IPO (or equivalent in other countries). What makes a good brand name? When selecting a brand name it is instinctive to think of words that describe the product or service in question such as SWEET for confectionery or RAPID for delivery services. Such

Corporate Crime analysis: What is FEPA? How does it interact with the Foreign and Corrupt Practices Act (FCPA)? Why is it important for UK lawyers and businesses to be aware of FEPA? Dr Angelika Hellweger, legal director at Rahman Ravelli explains all.

The UK exited the EU on 31 January 2020. By virtue of the Brexit transition period in the Withdrawal Agreement (referred to in the UK as the implementation period), the UK continues to be covered by the EU’s ‘one-stop shop’ principle for mergers only until 31 December 2020. Corporate transactions with UK aspects (such as share purchase or asset purchase transactions or joint venture arrangements) that meet the EU’s turnover thresholds continue to be notifiable to the European Commission (Commission) and do not need to obtain clearance from the Competition and Markets Authority (CMA) during the implementation period. To determine whether such transactions meet the European Union Merger Regulation under Council Regulation (EC) No 139/2004 (the EU Merger Regulation) jurisdictional thresholds, merging parties still need to continue to count UK turnover as part of EU turnover. The deadline for the UK government

The parties to commercial contracts sometimes agree that exclusion and limitation of liability provisions will not apply if one of the parties has deliberately breached the contract or been so negligent that it would be unfair to protect them from liability. Over the years, a range of contractual language has been used to describe such conduct. None of the common terms have an established legal meaning (and are often not defined in the contract) and the courts are left to decide what exactly the parties intended. This Q&A explains how the courts have interpreted three of the most common formulations: • gross negligence • wilful misconduct • deliberate default It also explains the default position in relation to deliberate breaches if the contract is silent. Gross Negligence Although negligence is a term which is clearly understood in tort, there is no English law concept of gross negligence (other than in criminal law) and so the courts will seek to give meaning to the term based

The conflict in Ukraine acted as a catalyst for the Economic Crime (Transparency and Enforcement) Act 2022 (EC(TE)A 2022), which forms part of the UK government’s response to the conflict. The government fast-tracked the Bill through Parliament in March 2022, with the Bill passing all stages in five Parliamentary sitting days. The objective of EC(TE)A 2022 is to prevent the UK’s property market from being used to safeguard, conceal or launder the proceeds of crime and wealth and to enable greater transparency of the ultimate owners of properties and assets held in the UK. EC(TE)A 2022 is split into three key parts. Part 1 contains substantive new primary law providing for the registration of overseas entities. Part 2 amends existing proceeds of crime legislation providing for unexplained wealth orders. Part 3 amends the Policing and Crime Act 2017 to give effect to changes to the sanctions regime. EC(TE)A 2022, Pt 1 which introduces the overseas entities regime, will be of particular interest

What is Companies House? Companies House is a registry of corporate information. It falls under the remit of the Department for Business, Innovation, Science and Trade (previously known as the Department for Business and Trade). This Practice Note relates to companies registered in England and Wales. If you want to undertake searches for a company incorporated in Scotland or Northern Ireland, you will need to contact the relevant Companies House in Edinburgh or Belfast. The main functions of Companies House are to: • incorporate and dissolve limited companies • examine and store in the Register of Companies company information delivered under the Companies Act 2006 (CA 2006) and related legislation (including the Insolvency Act 1986 (IA 1986)), and • make this information available to the public How do you carry out insolvency searches at Companies House? Before carrying out any insolvency searches at Companies House, you should check to see which online third party search provider your firm has an account with. If your firm does not have access to Companies

What is the Gazette? The Gazette provides a permanent official public record of important statutory and non-statutory notices that can be used to support legal and other processes. All notices are accessible on one website—whether they originated in the London, Edinburgh or Belfast edition. Insolvency legislation in some instances requires certain notices to be filed at Companies House and advertised in the Gazette. Therefore, it may be prudent to undertake searches at both Companies House and the Gazette. For further information on insolvency searches at Companies House, see Practice Note: What do insolvency searches at Companies House reveal? When are notices published in the Gazette? A notice in the Gazette will be published on the Gazette website and in the specific edition (ie London, Edinburgh or Belfast) you select.

TMT analysis: This analysis considers the role of technical standards in the ICT sector and in particular in relation to artificial intelligence (AI). It discusses some of the standards that have been developed relevant to AI, the project to create standards under the EU AI Act and the UK government’s approach. It also considers how standards can be leveraged by customers procuring AI systems, both internally and in contract negotiations. Written by Dr Sam De Silva, partner and global co-head of the Commercial Practice Group, CMS Cameron McKenna Nabarro Olswang LLP.

A local authority (LA) has a duty to place an assessed adult, with needs for care and support, in their preferred accommodation if certain criteria are met. If the local authority does this, the adult, depending on an assessment of their income and capital, may be required to make payments towards the cost of their place. A person may be placed in an establishment that is either a licensed or non-licensed care home. If an elderly or vulnerable person requires a high level of support from a local authority, a residential care home could be appropriate. We refer you to Practice Note: Means testing for local authority assistance with care funding. This Practice Note considers the changes to the statutory regime for social care arising from the implementation of the Care Act 2014 (CA 2014) as the effect of the means test applied when financial assistance is requested from the local authority. CA 2014

Family analysis: With the Marriage (Same Sex Couples) Act 2013 having received royal assent, solicitor and mediator Andrea Woelke, the principal of Alternative Family Law, examines the likely implications of its provisions.

Contractual words and phrases such as the term 'defend, indemnify and hold harmless' have no single meaning and must be construed in the context in which they are used. Accordingly, the meaning of this term will ultimately depend on the specific circumstances. However, it can be helpful to look at decided cases for a general idea of how the courts may approach interpretation. This Q&A is divided into three sections: • ‘defend, indemnify and hold harmless’ and the meaning given to that phrase in a Supreme Court case in 2010 • ‘defend’ and its potential meaning, and • further reading Defend, indemnify and hold harmless The phrase ‘defend, indemnify and hold harmless’ was considered by the Supreme Court in Farstad Supply AS v Enviroco Ltd. The court found that the words operated as both: • an indemnity against third party claims, and • an exclusion clause against direct liability from the other party to the contract This finding was heavily influenced by the way in which

The term 'legal business person' could be defined in many different ways. This Practice Note covers: • what we mean by 'legal business person' • why it is so important to operate as a 'legal business person' • how operating as one can have a positive effect on your career • how lawyers become commercially aware Headhunters may be of the view that lawyers exist on the periphery of a company, but this does not reflect how most in-house lawyers perceive themselves. In-house lawyers sit at the heart of a business, managing and leveraging a network of colleagues and the flow of information around them, operating as a 'legal business person'. What do we mean by 'legal business person'? In-house lawyers can fall into two very distinct categories: those who are lawyers because they love the law and the intellectual rigour of it, and those who practise as lawyers as a means to an end, a way of using an additional skill-set to achieve a commercial outcome. There are plenty