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There is no official system of registration of copyright in the UK. The right arises automatically once the copyright work is recorded, subject to other qualifications being fulfilled. In the UK, copyright subsists in specific categories of works. These are ‘original’ literary, dramatic, musical or artistic works (called author’s rights); sound recordings, films, broadcasts (called derivative rights because they derive from other works); and the typographical arrangement of published editions. The design drawings are likely to sit in the category of artistic works (section 4(1)(a) of the Copyright, Designs and Patents Act 1988 (CDPA 1988)). For further information, see Practice Notes: Copyright—subsistence and qualification and Copyright—protectable works. Where copyright subsists in a work such as design drawings the owner can, under CDPA 1988, s 16, exclusively carry out various acts in relation to the work, such as: • copy the work • issue (distribute)
Q&As
When an inventor creates a new board game, a wide variety of intellectual property rights may become relevant, including both those that require an application for registration to be made and those that arise automatically. Those that require registration Trade marks An inventor may wish to register a number of trade marks to protect the indicia of trade origin associated with the new board game. For example, the name of the game, the brand name of any company that is likely to sell/market the game, any logos utilised in its branding and perhaps any associated slogans. More detail regarding the requirements that must be complied with can be found in Practice Note: Absolute and relative grounds for refusal to register a UK trade mark and more detail regarding the application process for a UK trade mark can be found in Practice Note: Application to register a UK trade mark. The utilities and limitations of a trade mark in this arena can be seen in
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For the purposes of the Data Protection Act 1998 (DPA 1998), 'personal data' is defined as: 'data which relate to a living individual who can be identified— (a)     from those data, or (b)     from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual' This definition refers to several key terms which are further defined in DPA 1998. The term 'data' is defined to include information which: '(a)     is being processed by means of equipment operating automatically in response to instructions given for that purpose (b)     is recorded with the intention that it should be processed by means of such equipment (c)     is recorded as part of a "relevant filing system" or with the intention that it should form part of a
Q&As
As explained in Practice Note: The Data Protection Act 2018, the Data Protection Act 2018 (DPA 2018) addresses: • various permitted national derogations under Regulation (EU) 2016/679, the General Data Protection Regulation (the GDPR) regime (primarily, in Chapter 2 of DPA 2018, Pt 2) (the GDPR Regime) • various processing, which technically falls outside of the GDPR Regime, including: ◦ processing of personal data by law enforcement (DPA 2018, Pt 3) ◦ processing of personal data by intelligence services (DPA 2018, Pt 4) ◦ in DPA 2018, Pt 2, Chapter 3, an ‘applied GDPR’ regime which generally extends certain GDPR derived standards to certain other personal data processing, which is not technically subject to the GDPR Regime For further information, see the Information Commissioner’s Office’s (ICO) page on the Data Protection Act 2018. We assume your query relates to the GDPR Regime (and not law enforcement or intelligence service
PRACTICE NOTES
Definition of ADR Alternative dispute resolution (ADR) is described in the CPR Glossary as a ‘[c]ollective description of methods of resolving disputes otherwise than through the normal trial process’. Some courts use the term ‘negotiated dispute resolution’ (NDR) to refer to the resolution of a dispute by alternative means, but for ease of reference, the term ADR is used in this Practice Note. For information on how ADR is dealt with in the various court guides, see Practice Note: ADR and NDR in the court guides. Essentially, ADR is a process for resolving a dispute outside of a court of law. It usually involves a neutral third party who either assists the parties in reaching a negotiated resolution of their dispute or provides a determination of the dispute which is legally binding. The mechanism can lead to a binding resolution if provided for in the agreement by which the parties agree to submit their dispute to ADR. There are a variety of different forms of ADR processes. For information on the different types of ADR and their advantages
PRACTICE NOTES
Building Information Modelling, commonly known as BIM, is increasingly being used on construction projects in the UK. It is a way of working, using technology, to digitally create, store and manage information in a way that improves efficiencies in the design and construction processes and increases collaboration among the project team through the sharing of information. This Practice Note considers what BIM is and broadly how it works. Definition of BIM There is no universally accepted definition of BIM. BIM describes a collaborative way of working through sharing and managing information digitally, it is not a mechanism, procedure or specific piece of software. It uses software to facilitate project delivery through the use of particular methods of information modelling and information management. The definition of BIM in BS EN ISO 19650-1 (the first part in the ISO 19650 series of international standards on BIM) describes it as the ‘use of a shared digital representation of a built asset to facilitate design, construction and operation processes to form a reliable basis for decisions’. The BIM Overlay to the RIBA Outline Plan
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What is CE marking? CE marking indicates that a product conforms with the necessary EU directives and regulations concerning health, safety and environmental protection standards for it to be sold within the EEA (ie the EU Member States and European Free Trade Association (EFTA) countries Iceland, Norway, Liechtenstein). The letters 'CE' are an abbreviation of ‘Conformité Européene’ meaning European Conformity. If a product is compliant and CE marking is affixed then the product can freely move and be sold within the EEA, Note that CE marking applies not only to products manufactured in the EU and placed on the EEA market, but also to products manufactured in non-EU countries which are sold within the EEA. Which products need CE marking? CE marking, although not required for all products, is required for a vast range of products, including electrical equipment, electronic equipment, toys, medical devices, machinery and construction products. Products caught are those which are subject to the EU’s
PRACTICE NOTES
This Practice Note provides a brief overview of Continuous Improvement (CI) and covers the following areas: • what is CI • is it relevant to Life Sciences • what is lean six sigma • the continuous improvement triangle • value added v non-value added work • the statistical background CI Continuous Improvement What is CI? The definition of CI is often over complicated and buried in jargon, but it means exactly what it says: continually looking for ways to improve processes, methods and procedures. Improvements do not have to be major changes; a number of small but effective changes soon add up. CI tools and methods can help you fix process that are no longer effective and allow you review processes that currently appear to be working but could still be improved to deliver greater efficiencies and cost savings. Above all CI is about engaging with individuals and pooling ideas, challenging the existing habitual ways of doing things and identifying a method of measuring the success or failure of new initiatives. Is
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Employers’ Liability (EL) insurance is a form of compulsory liability insurance required by the Employers’ Liability (Compulsory Insurance) Act 1969 (the Act). Section 1 of the Act makes it mandatory for every: • employer carrying on any business in Great Britain • to take out an approved policy • against liability for bodily injury or disease • sustained by his employees, and • arising out of and in the course of their employment in that business in Great Britain The Act is supplemented by the Employers’ Liability (Compulsory Insurance) Regulations 1998, SI 1998/2573. Although the Act prescribes a minimum level and scope of cover, many EL policies in fact offer wider coverage and limits. Employer carrying on business in Great Britain Certain employers are specifically exempted from the Act, mainly governmental and public bodies but also companies with only one employee who owns at least 50% of its shares. ‘Business’ includes a trade or profession. An employer without a place of business in Great Britain is deemed not to carry on business
PRACTICE NOTES
This Practice Note looks at facilities management (FM) contracting, including what it is and its advantages and disadvantages. A strategic approach to service provision FM contracting is essentially a commercial services contract arrangement, whether that be for: • 'Hard FM' which relates to the maintenance and fabric of a building such as mechanical and electrical services • 'Soft FM' which relates to support services within a building such as cleaning, security and helpdesking • 'Total FM' packages which may combine a number of hard and soft FM services The value of FM contracting as a contractual vehicle is shown to be both economic and operational as it enables businesses to use FM contracting in a strategic and tactical manner to redefine its own business activities. What makes FM different? What sets FM apart as an industry of service providers is the fact that the FM contractor and the client are entering into a binding contractual arrangement under which the FM contractor will undertake to carry out services which were traditionally carried
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What is MREL? The minimum requirement for own funds and eligible liabilities (MREL) is a regulatory standard set by the Bank of England (BoE) for UK banks, building societies and systemically important investment firms to ensure they have sufficient financial resources to absorb losses and support an orderly resolution if they fail. In-scope firms are required to maintain an amount of Common equity Tier 1 (CET 1), Additional Tier 1 (AT1) and Tier 2 capital (together, own funds), plus eligible liabilities, that can bear losses before and in resolution. The
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Market Tracker is a corporate transaction analysis product. At its heart is a deal data analysis tool which allows users to locate, analyse and compare data in relation to key aspects of public company corporate transactions. Market Tracker covers 14 transaction or ‘deal' types, including takeovers, initial public offerings (IPOs) and secondary offers. Market Tracker’s key features are: • detailed, searchable summaries of the latest public company transactions, containing narrative and key data points extracted by our Market Tracker team from company announcements made on the London Stock Exchange Regulatory News Service • a comprehensive and fully searchable library of company announcements/transaction documentation (free text and filtered searches to find sample drafting to use) • daily and weekly updates on the latest transaction and market news, and • in-depth analysis of recent trends in corporate transactions and activity, via trend reports What transactions does Market Tracker cover? Market Tracker covers a wide variety of public company transactions. The database is ordered by category of corporate transactions and contains a fully searchable library of over 6,000 corporate transactions