Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Intellectual property definition

What does Intellectual property mean? Intellectual property describes intangible legal rights in creative, technical and branding outputs used and enforced in commercial practice, often abbreviated to IP or IPR. In the UK and Ireland the term is descriptive rather than a single statutory definition; discrete rights arise under specific regimes, typically including copyright, patents, trade marks, registered and unregistered designs, database right, trade secrets and confidential information, and the common law tort of passing off. These rights are territorial, generally time‑limited (trade secrets/confidential information can subsist indefinitely if secrecy is maintained), and confer exclusive rights that can be licensed, assigned, charged as security and...

UK and EU IP jurisdiction: Brussels I (recast), intra-UK forum rules, and litigation of patents, trade marks, copyright and designs

Published by a LexisNexis IP expert

Practice notes

ARCHIVED :

This Practice Note has been archived and is no longer maintained. It addresses jurisdictional questions that arise in UK IP disputes, with particular emphasis on the EU jurisdiction regime and the construction of Regulation (EC) 44/2001 (Brussels I) and Regulation (EU) 1215/2012 (Brussels I (recast)). It also considers the jurisdiction of the courts in the UK. The Note sets out the position for patents, trade marks, copyright and design rights, and signposts more specialist notes in those IP areas where appropriate. It introduces concepts relating to jurisdiction only (not applicable law). Although IP rights are protected on a national or regional territorial basis, the character of the subject matter (eg inventions, written works, etc) enables, in the internet age, almost instantaneous cross-border movement. Accordingly, deciding whether the English court has jurisdiction over an IP infringement action brought before it is a complex issue.

General Principles

IP infringement may involve considerations of tort and/or of contract law (eg the interpretation of a licence)...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...