Control value meaning

This checklist highlights the jurisdictions that have a transaction value threshold...

Consider the nature of the IP right From a lender’s standpoint, use this checklist to pinpoint key points when taking IP as security and the steps to implement it... Identify the IP right and applicable law; patents, trade marks, registered designs and copyright can be mortgaged or charged... Select security: a legal mortgage (assignment plus redemption and exclusive licence‑back) offers stronger control than a fixed charge; for charges, restrict disposals and hold an executed undated assignment in escrow (verify foreign recognition)... Confirm ownership, term, existing security, licences and third‑party interests; demand warranties and title evidence, especially for unregistered rights... Assess validity and maintenance: search prior rights, check renewals and genuine use, monitor infringement, review litigation; obtain professional opinions where needed... Value the right and routes on default (licensing or sale); add complementary assets if required... Cover associated rights and materials: unregistered marks/goodwill (only with the business), unregistered designs, database right, know‑how/confidential information, domain names, and software/source code with escrow... Register...

This Checklist covers the key considerations when formulating a strategy to combat counterfeiting and piracy. Use this Checklist together with Practice Note: Anti-counterfeiting and anti-piracy—strategy. Begin by evaluating how widespread the issue is. Consider who has been consulted: Internal teams close to the market, such as customer services dealing with consumer complaints External investigators gauging counterfeit prevalence across specific channels (online and in store) and carrying out test purchases Agencies including the Chartered Trading Standards Institute (‘Trading Standards’) and HMRC Internet service providers and website operators where targets largely trade online Be aware that staff or members of the public may spot fake goods in shops, market stalls, at events or while on holiday and may proactively alert the rights holder. Confirm whether the following key details have been established: Most affected territories Most affected products Health and safety concerns Degree of risk to consumers and brand value Principal perpetrators Any...

Under the UK merger control rules the Competition and Markets Authority (CMA) may assess or review mergers already completed as well as those still anticipated, provided a ‘relevant merger situation’ arises. See Practice Note: A ‘relevant merger situation’ under UK merger rules. Several distinct conditions must be fulfilled for such a ‘relevant merger situation’ to exist, and these requirements are set out in the flowchart provided below here...

Mergers The Commission approved Brookfield Corporation’s takeover of sole control of Oaktree Capital Group Holdings, LLC (M.12284) following a phase I review—see further, Midday Express The Commission received filings for: Clarios/Ecobat Germany/Ecobat Austria (M.12145) (ordinary merger procedure) JLL/PIF/FMTECH (M.12358) (simplified merger procedure) NOTE—For all active merger probes before the Commission, see further, EU mergers—ongoing cases tracker Competition policy The Commission stated that Executive Vice-President, Teresa Ribera, convened an implementation dialogue on the effects of mergers, productivity, sustainability, and the cost of living—see further, implementation dialogue and Midday Express NOTE—For all current EU competition law legislative, guidance and wider policy work, see further, EU competition horizon scanning—2026 and beyond State aid The Commission adopted a decision under the Clean Industrial Deal State Aid Framework (CISAF) authorising a Spanish measure (valued at €200m) to back strategic investments expanding manufacturing capacity across the electric...

Digital markets CMA publishes plan to monitor UK’s digital markets regime The CMA has released a paper outlining the UK government’s approach to tracking and assessing the new pro-competition framework for digital markets (the Plan). It explains the monitoring and evaluation (M&E) work that both the CMA and government will carry out. Their M&E approach rests on three pillars: Process monitoring and evaluation the CMA will publish information on key output indicators for the regime in its Annual Report and Accounts the government and CMA will run continuous internal analysis to observe and review how the regime operates and to help address the overarching evaluation questions Impact monitoring and evaluation the CMA will take a case-by-case method when judging how well its competition requirements perform findings will appear in the CMA’s Annual Report and feed into a Post-Implementation Review (PIR), examining whether the regime has met its...

Mergers The Commission approved Strategic Value Partners LLC’s takeover of exclusive control of OQ Chemicals International Holding GmbH and OIG OQ Infrastruktur GmbH (M.11826) following a phase I review—see also Midday Express The General Court delivered an order in Case T‑23/22, Grail v Commission, concerning an appeal against the Commission’s Illumina/GRAIL decisions (gun‑jumping, interim measures and restorative measures) (M.10493, M.10483, M.10938 and M.10939), seeking to annul the imposition of interim measures after Illumina’s premature acquisition of Grail...

Over the course of the past month, annual adjustments have been made to merger control thresholds in Canada, Italy and the Philippines, while Montenegro has revamped its regime, introducing swifter timetables and more adaptable filing provisions. Canada—thresholds remain the same in 2026 On 2 March 2026, the Canadian Competition Bureau (CCB) confirmed, after its yearly review, that Canadian merger notification thresholds will stay exactly as they are for 2026. The thresholds remain (in brief): size of transaction test: the target must be, or control, an operating business in Canada with more than CDN$93m (approximately €58.9m/US$66.6m) in Canadian assets (book value) or gross revenue produced by those assets from sales in, from or into Canada (ie domestic plus export sales), and size of parties test: all parties and their affiliates (in aggregate) must together hold over CDN$400m (approximately €253.4m/US$286.3m) in Canadian assets or gross revenues derived from sales in, from or into Canada (ie domestic sales, exports and imports) (this threshold is unchanged and...

NOTE—to check whether notification thresholds in Vietnam and worldwide are triggered, please consult: Where to Notify. 1. Have there been any recent developments regarding the Vietnamese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Vietnam? In 2020, Vietnam promulgated Decree 35 on Detailed Regulations for Implementation of the Law on Competition dated 24 March 2020 (Decree 35), which became effective on 15 May 2020. This marked a pivotal step in putting into operation the competition framework envisaged under the Law on Competition dated 12 June 2018 (Competition Law). The body designated under the Competition Law, the Vietnam Competition Committee (VCC), was established on 1 April 2023 and from that date assumed responsibility for the merger control regime. Decree 35 introduced the following clarifications to merger control: Notification thresholds, under which a transaction must be notified where: the total assets or turnover in Vietnam of...

Understanding the IP portfolio Effective stewardship of an IP portfolio is vital to protect and enhance the worth of a business’s intangible assets. A well-structured portfolio enables right holders to pinpoint and safeguard core assets, advance commercial aims, and limit legal and financial risk. This Practice Note offers practical guidance for UK right holders and their advisers on running an IP portfolio efficiently. It spans legal compliance (keeping rights valid, current and accurately recorded) and strategic management (aligning IP protection with business goals). What is an IP portfolio? An IP portfolio is the collective set of registered and unregistered IP rights an organisation owns, holds under licence or otherwise controls. It functions as both a legal architecture and a commercial asset base that can generate income, attract investment and deliver competitive advantage. Portfolio management involves systematically recording, protecting, monitoring and exploiting these rights to ensure they continue to create strategic value. Types of rights commonly included Patents: inventions, processes, chemical compositions. Protection method:...

1 Definitions and interpretation 1.1 In this Agreement, and except where the context dictates otherwise, the expressions below shall bear the meanings set out here: Relevant Proportion means, for the purpose of clause, the greatest share of the Company’s [ trading ] losses [ and other amounts eligible for relief from taxation ] that the law permits to be surrendered to the relevant Shareholder (or a member of its Shareholder Group), or, as applicable, the greatest share of the Company’s trading profits against which the Shareholder (or a member of its Shareholder Group) is permitted by law to surrender its [ trading ] losses [ and other amounts eligible for relief from taxation ] ; VAT means United Kingdom value added tax [ and any other tax imposed in substitution for it OR , any other tax imposed in substitution for it and any equivalent or similar tax imposed outside the United Kingdom ] ; 2 Tax matters 2.1 [ The...

subscription and shareholders’ agreement/investment agreement Insert new definitions: A Ordinary Shares; Board; Chair (per clause reference); Investor Consent/Investor Direction (written consent by the Lead Investor or holders of at least [75]% in nominal value of A Ordinary Shares); Investor Director; [Lead Investor]. Add a clause granting Investors the right at any time to appoint and remove non-executive Investor Director[s] and a non-executive Chair by written notice (first appointments effective on Completion), appoint alternates, disapply retirement by rotation, and secure fees of £[amount] p.a. plus VAT and expenses. Establish post‑Completion [remuneration and audit] committee[s] with casting vote rights. articles of association Add definitions for A and B Ordinary Shares, Preference Shares, Investor, Investor Group, Investor Associate, Investor Director, Investor Consent/Direction, Investor Director Interest, Group Company Interest, Co‑Investment Scheme, Confidential Information, FSMA, Fund, Lead Investor, Recognised Investment Exchange, Quotation and Sale. New articles set Board size; permit alternates; regulate meetings, quorum and remote participation; enable authorisation of conflicts and Investor Director/Group Company interests with disclosure and, if directed, A...

This Agreement is entered into on [ date ] Parties [ Customer ], a company incorporated in [ England ] under registered number [ company number ], whose registered office is at [ address ] (Customer); and [ Supplier ], a company incorporated in [ England ] under registered number [ company number ], whose registered office is at [ address ] (Supplier), Each of the Customer and the Supplier is a party and, together, the Customer and the Supplier are the parties. BACKGROUND The Customer intends to outsource the delivery and management of its [ describe function ] services to the Supplier. The Supplier is skilled in the design, development and implementation of [ describe function ] services and has accepted responsibility for providing and managing the relevant portion of the Customer’s functions. The Supplier has agreed to supply the Services to the Customer on the terms and conditions set out in this Agreement... ...