General IP

This note provides an overview of the implications of the political convention of "purdah" on the decision-making of central and local government and other public authorities in the lead up to a general election.

An overview of the law on ambush marketing.  The note describes the ways in which ambush marketing can be prevented, including practical steps and the laws aiming to prevent ambush marketing at the London 2012 Olympics. The note is also useful for advertisers wishing to understand the rules so that they do not fall foul of them.

An overview of the procedure in the UK Supreme Court.

A template briefing for an in-house counsel to give business executives on brand protection.  Click here to download in Microsoft Word.

This note sets out the intellectual property rights relevant to a licence for character merchandising, in the sense of an image of a fictional character and related trade marks being reproduced on an article (such as a mug, lunch box or bed linen), and discusses the competition law issues that arise in relation to such licences.

This note discusses the changes made to the law by the Companies Act 2006 that have implications for intellectual property and information technology. The majority of the relevant changes came into force on 1 October 2009. However, sections of the Act providing for a new right for any person to object to an adjudicator if a company's name is the same as a name associated with the objector in which he has goodwill, or sufficiently similar to such a name that it would be likely to mislead came into force on 1 October 2008.

This note identifies factors that parties should consider when drafting an arbitration agreement calling for arbitration in the US.

The note discusses the three devolved legislatures in the UK and the extent to which devolution has introduced new layers of complexity to the UK statute book. The note covers: The extent and application of the three jurisdictions within the UK. How Westminster legislation extends to Scotland, Northern Ireland and Wales.

This practice note considers the different forms that so-called "hybrid", "multi-tiered" (or "escalation") and "carve-out" dispute resolution clauses may take. Although a short form, standard arbitration or jurisdiction clause will suffice in the majority of contracts, certain complex projects may require more complicated dispute resolution provisions. This note focuses on the issues that may arise in using complex clauses and highlights the potential pitfalls a lawyer may face in drafting these types of clauses.

The rules in Part 8 of the Corporation Tax Act 2009 apply to a company's intangible assets. This practice note considers those rules, and how they affect a company's liability to corporation tax.

A guide to the use of intellectual property (IP) right notices, including the reasons for using notices in relation to each IP right, sample wording for each type of notice and the use of notices in licences of IP rights.

This Note discusses the main categories of intellectual property (IP) rights in the US and their management, including IP ownership, assignment and licensing.  It also examines the issues that arise surrounding business transactions involving IP, including M&A and finance transactions as well as their basic tax treatment under federal law. 

This note considers the intellectual property aspects of joint ventures and strategic alliances, including collaborative research and development joint ventures.

This practice note explains the rule under section 3 of the Human Rights Act 1998 that, so far as possible, legislation must be read and given effect in a way compatible with the European Convention on Human Rights. The note explains: The scope of the rule and how it applies to various types of legislation. How the courts have approached its application. The limits of what kinds of interpretation are "possible" to achieve human rights compliance.

This note explains the basic technical issues relating to the manufacture of semiconductor chips and describes the structure of the semiconductor chip manufacturing industry. This is followed by an analysis of how different intellectual property rights are used to protect various elements of a silicon chip manufacturing business.

A note explaining what intellectual property rights issues (aside from copyright) may arise in a professional appointment and how the parties can address them.

A note outlining the law under the Companies Act 2006 on the registration of charges created on or after 1 October 2009 (but before 6 April 2013) by companies and limited liability partnerships registered in England and Wales. The relevant sections of the Companies Act 2006 referred to in this note came into force on 1 October 2009. For a note setting out the registration regime under the Companies Act 1985, the regime that applied to charges created before 1 October 2009, see Practice note, Registration of charges under the Companies Act 1985. Note: The regime for registering charges at Companies House changed on 6 April 2013. For more information, see Practice note, Registration of charges created by companies and limited liability partnerships on or after 6 April 2013.

This note considers: The Rome I Regulation on the law applicable to contractual obligations.   The Rome II Regulation on the law applicable to non-contractual obligations. It summarises the background to both Regulations, their legislative history and key objectives (including the instruments which preceded their introduction, namely the Rome Convention on the law applicable to contractual obligations and the Private International Law (Miscellaneous Provisions) Act 1995).

This note explains what the Court of Justice of the European Union (formerly known as the European Court of Justice (ECJ)) is, why a reference would be made to it and who can make a reference. The note gives examples of questions which might be referred to the ECJ and sets out a brief summary of the procedure to be followed and the effect of a ruling by the ECJ on the question referred.

A document tracking the development of certain notable pieces of proposed new legislation relating to intellectual property taxation.

This Practice note examines the impact of the Treaty of Lisbon on the decision-making procedures and substantive policies of the European Union.

A Practice Note outlining measures companies can use in toll manufacturing arrangements to protect their trade secrets and other valuable intellectual property (IP). This Note includes a discussion of the risks and benefits of toll manufacturing, due diligence considerations, and practical and contractual methods of protecting trade secrets and technological assets.

Arbitration depends on the consent of both parties, expressed in the arbitration agreement. However, there are circumstances in which third parties, who were not parties to the original agreement, may either be bound by, or take the benefit of, an arbitration agreement. This note considers the situations in which a third party may invoke, or be bound by, an arbitration agreement as a matter of English law, including assignment, novation and statutory provisions.