Design right meaning

This Checklist sets out actions that can be taken—some at procurement stage and others during the life of a project—to help minimise the chance of disputes emerging on construction projects... During the procurement process Select the right procurement route Ensure the procurement method fits the specific context. For instance, where the employer wants to maintain control of the design or specified materials, a traditional contract may suit better than design and build. Conversely, if an earlier start on site is essential, design and build might be the preferred choice. See Practice Note: Choosing the right procurement method—construction projects. Adopt the correct pricing structure Choose a pricing approach that aligns with the employer’s objectives. If price certainty is a priority, a lump sum contract is generally more suitable than a prime cost arrangement. Where a lump sum is used, avoid inserting an excessive number of provisional sums, as these can undermine the desired cost certainty. See Practice Notes:...

This Practice Note draws on the information and guidance that are currently available to date, and will be revised to reflect the new ICO guidance once it has been finalised. Responsibility for recruitment If the employer lacks a dedicated personnel or HR team within the organisation: who will oversee and manage the recruitment process, and who will participate at the different stages of selection? are they fully familiar with the principles of sound recruitment practice, in particular concerning discrimination and other prohibited conduct under the Equality Act 2010, and with data protection under Assimilated Regulation (EU) 2016/679, UK GDPR and DPA 2018, or do they require training? Ensure intended HR staff, line managers and supervisors who will be involved in the recruitment process are available, and that provisional dates, eg for shortlisting and interviews, are diarised in good time as necessary Job description and person specification How has...

This Checklist This Checklist sets out the principal matters to weigh when advising a potential claimant on pursuing a claim in an energy dispute. It spans a broad spectrum of disputes, the common thread being their basis in the energy sector, embracing claims linked to oil and gas exploration and production, the design, construction and operation of facilities that process and transport hydrocarbons, together with the generation of power and the sale of energy. By their nature, energy projects are typically intricate, multi-layered and frequently involve international elements. Accordingly, it is prudent from the outset to work with a clear checklist that captures every general and specific issue that must be addressed when managing such a dispute. For further guidance on responding to both energy disputes and attendant litigation, arbitration and ADR guidance, see the links to our related content on the right-hand side of this page. This Checklist should be read alongside Practice Note: Starting a claim in an energy dispute—a practical guide. Action Comments Consider any...

This Flowchart provides an overview of a UK design infringement action. The right invoked may arise from any of the UK design rights that sit alongside one another: UK registered designs (including re-registered designs) UK unregistered designs (sometimes referred to as ‘design right’) supplementary unregistered designs For added guidance on these rights, see the Practice Note: UK registered and unregistered designs...

Checklist This Checklist applies when acquiring a long leasehold interest carrying a capital value, rather than a shorter tenancy at an open market rent, which is unlikely to attract any capital value. A purchaser’s solicitor should examine the landlord’s right to forfeit the lease, as in some situations particular forfeiture clauses can render a lease unacceptable as security to a lender and, in turn, unsuitable for purchase. Could the landlord exercise forfeiture upon the tenant’s insolvency? Where the landlord holds a right to forfeit on a tenant insolvency event, the property will not be acceptable security to a lender and is therefore inappropriate as an investment acquisition. Consequently, such a lease is neither appropriate for lending purposes nor for any purchase...

This flow diagram explains the final payment process under JCT Design and Build Contract 2016; also see Practice Note: JCT contracts—price and payment...

What is the WTO government procurement agreement (GPA)? The WTO GPA is a voluntary, plurilateral pact that obliges its parties to grant one another access to their respective government contracting and public purchasing markets on a reciprocal basis. Through its EU membership, the UK participated in the WTO GPA; the EU constitutes one of the 20 current participants. The UK has now sought independent accession to the GPA in its own right, and a further 22 jurisdictions hold observer status. Signatories are not free to design procurement systems without constraint; foundational principles are embedded within the Agreement and, indeed, many of these shaped the drafting of the current EU procurement rules. What are the key features of the regime? As noted, the GPA is more than a minimal framework. It comprises the Agreement’s main body together with members’ coverage schedules. While the Agreement articulates core commitments to openness, fairness and transparency, obligations apply only to the extent defined in each party’s coverage schedule for each member country....

In this issue: Key developments UK immigration control: how it works Sponsored work Family routes Long residence, discretion and human rights EU law rights and EU Settlement Scheme Challenging immigration decisions and enforcement Daily and weekly news alerts New and updated content Latest Q&A Key developments Future developments—Immigration calendar Please note our Immigration calendar outlines key forthcoming developments for business immigration advisers. UK immigration control: how it works New Statement of Changes HC 1333 laid The Home Office has introduced a new Statement of Changes to the Immigration Rules, HC 1333, accompanied by an Explanatory Memorandum (EM). As well as replacing Part 9 of the Rules with a new Part titled Suitability, the Statement immediately adds Botswana to the Visa National List, raises the English-language threshold in specified work routes, shortens the Graduate route to 18 months (for non‑PhD students applying after 1 January 2027), broadens the High Potential Individual...

Background This appeal concerned the proper interpretation of a termination clause within a building contract. The parties adopted the Joint Contracts Tribunal (JCT) Design and Build Contract 2016, a standard-form agreement very widely used across the construction industry. The wording of the termination clause in dispute is unchanged in the 2024 edition of the JCT contract. The contract was between Hexagon Housing Association Ltd (the Employer) and Providence Building Services Ltd (the Contractor). Under that agreement, the Contractor was to construct buildings in Purley, London, in accordance with the Employer’s specification. A timetable governing payments formed part of the bargain. The dispute centred on two instances of late payment by the Employer. In December 2022, the Employer paid the Contractor 14 days after the date for payment. In May 2023, the Employer again failed to pay on time; on the following day, the Contractor issued a notice purporting to terminate the contract. The Contractor’s case was that the contract permitted termination upon two late payments...

What design protection is available in the UK? Design rights safeguard the shape, configuration or appearance of the whole or any part of a product or article, rather than its functional features. The purpose of design law is to specifically deter others from making products that closely follow the design or otherwise produce the very same overall impression as the original design. The design rights currently available in the UK are as follows: namely UK registered designs (including re-registered designs and re-registered international designs) UK unregistered design right (also known as design right) Supplementary unregistered design right (SUD) Each of these rights differs in qualifying criteria, scope and the duration of protection. For more information, see Practice Note: Comparison tables for design protection available in the UK. Before Brexit, the UK designs regime was substantially harmonised with the EU regime then. The Designs Directive (Directive 98/71/EC) harmonised the requirements for national registered design protection across the EU. It was...

For many companies, intellectual property rights (IPRs) constitute an increasingly important and significant asset class. Although contemporary technology firms, pharmaceutical businesses and industrial players are most closely and very commonly linked with holding portfolios rich in IPRs, even the least likely organisations may own rights that are fundamental to them and, without which, they simply could not operate (or do so as effectively or profitably) or would suffer significant loss of value. As a broad category, IPRs are wide-ranging and inherently diverse indeed. According to context, there are, in particular, rights beyond the best known (patents, trade marks and copyright) that may—or may not—be generally regarded strictly as IPRs, such as database rights, websites with their associated domain names, goodwill and contractual rights allied to IPRs. For further detail on the principal types of intellectual property rights an insolvency practitioner as office holder may encounter, see Practice Note: IP right comparison table. Patents, design rights and trade marks depend for their existence and protection on registration (at the...

Choices are made constantly, many executed cleanly and delivered well. Yet others emerge muddled, overly complex, or simply fall short. It contrasts sound decision-making with choices that miss the mark, drawing out practical considerations. This Practice Note explores why a decision-making framework matters, what it ought to contain, tools to apply along the way, and how to design and embed one across your organisation. Why do we need a decision-making framework? Decision frameworks give a disciplined approach to choices that strengthen and advance the organisation. The aim of every decision should be to maximise the likelihood of favourable results. Such discipline helps decisions contribute visibly to organisational improvement. It promotes structure, visibility, and ethical, compliant choices. With a framework, you (and your team or organisation) can: keep everyone aligned make decisions visible at every planning tier clarify how options and plans back departmental or organisational strategies act ethically satisfy compliance and regulatory obligations decide at the right pace using...

1 Management and organisational information security ICO expectation and current status Further details: LexisNexis® Precedents Your business identifies, evaluates and controls information security risks Not yet implemented or planned Partially implemented or planned Successfully implemented Not applicable Before deciding the right level of protection for your organisation, audit the personal data you hold and gauge the threats to it. Review every stage of handling: collection, storage, use, sharing and disposal. Weigh the sensitivity or confidentiality of the data and the potential harm or distress to people, alongside any reputational impact on your business, if a breach occurred. With this understanding, select security controls proportionate to your needs. Embedding data protection by design also means undertaking a data protection impact assessment (DPIA) in defined scenarios to evaluate privacy risks. You must complete a DPIA prior to initiating any processing that is ‘likely to result in a high risk’...

1 Sub-Contractor warranties and undertakings The Sub-Contractor warrants and undertakes that it has complied with, and will continue to comply with, all terms and obligations required of it under the Sub-Contract; to the extent it undertakes any design for the Sub-Contract Works, it has exercised, and will continue to exercise, the reasonable skill, care and diligence expected of a properly qualified and competent architect or other suitable professional designer experienced on projects of equivalent scope, type, size, nature and complexity to the Works. The Sub-Contractor’s obligations under this Memorandum are neither wider nor longer in duration than those owed to the Contractor under the Sub-Contract; in any action it may rely upon any limitation and equivalent defences available thereunder as if the Beneficiary were a joint employer with the Contractor, save that it may not exercise any right of set-off or counterclaim. The Sub-Contractor’s obligations under or by virtue of paragraph 1 shall not...

[ Alleged infringer’s name and address ] [ Date ] Dear [ insert organisation name ], [ REGISTERED DESIGN NUMBER AND DESCRIPTION ] We act for [ name of client ] of [ address ]. [ Name of client ] holds the status of [ owner OR assignee OR exclusive licensee ] in relation to [ UK registered design no. [ insert number ] AND/OR the UK unregistered design right in [ describe the design rights the client believes subsist, for example describing the elements of the design that are said to give rise to the design rights ] AND/OR the supplementary unregistered design right in [ [ describe the design rights the client believes subsist, for example describing the elements of the design that are said to give rise to the design rights ] ], [ a copy of which is OR copies of which are ] provided for your reference [ (the ‘Design’) OR (the ‘Designs’) ]...