Legal Practice Notes

This new starter guide offers a primer on trade mark law, distilling the core principles and signposting numerous Lexis+® UK sources and materials for fuller detail. It is aimed at trainee solicitors and readers new to trade marks. Details of other intellectual property ( IP) rights, including further starter guides, appear in Practice Note: Intellectual property ( IP)—new starter guide. Where topics sit beyond this basic outline, explore the three Trade marks/passing off subtopics: Trade mark transactions and management; Trade mark and passing off disputes; Anti-counterfeiting. For concise summaries of each, see: Trade mark transactions and management—overview; Trade mark and passing off disputes—overview; and Anti-counterfeiting—overview. This guide also explains how to subscribe to the IP daily and weekly news alerts and how to contact Lexis Ask... Introductory materials Absolute and relative grounds for refusal to register a UK trade...

This Practice Note offers a concise primer on trade marks, covering: what is a trade mark? registering a trade mark dealing with trade marks in agreements asserting trade marks unregistered trade marks and the law of passing off trade mark litigation For guidance on the filing and prosecution of trade marks, portfolio management and transactions involving trade marks, see: Trade mark transactions and management—overview. For information on disputes concerning registered and unregistered trade marks, see: Trade mark and passing off disputes—overview. What is a trade mark? A trade mark is a sign that differentiates one undertaking’s goods or services from those of another. Put simply, it allows consumers to recognise products or services as originating from a particular business or associated with a specific offering. While trade marks are often words or logos, protection can extend to less...

ARCHIVED: This archived Practice Note reviews the effect on the TMT sector following the end of the implementation period under the Withdrawal Agreement and the EU ( Withdrawal Agreement) Act 2020. At 11 pm ( GMT) on 31 December 2020—‘ IP completion day’—the implementation period ended, which had enabled the UK to move away from the EU’s laws and institutions, and the UK’s legal regime altered immediately and substantially. It explains the implications across the following areas of TMT law and practice: Overview—what happened on 31 December 2020 TMT implications of the EU- UK Trade and Cooperation Agreement Access to EEA workers Technology contracts Drones Internet of things Software licensing Cloud computing E-commerce Domain names e Privacy Data protection Media Telecoms Advertising Databases ...

This Practice Note reviews the UK tax considerations relevant to the establishment, operation and cessation of contractual joint ventures, and explores how the participants might differentiate such an arrangement from a partnership. For the purposes of this Practice Note, it is assumed that the joint venture parties are UK tax resident corporate entities and that the joint venture’s business is conducted in the UK (for information on ventures with a non- UK element, see Practice Note: Tax implications of international joint ventures)... What is a contractual joint venture? A joint venture is a commercial arrangement undertaken by two or more independent parties. There are no specific statutory rules, including tax provisions, that apply solely to joint ventures, and the term itself has no precise legal definition. A joint venture can be structured in various ways. It may operate through a separate joint venture vehicle, most...

This Practice Note introduces supplementary protection certificates ( SPCs) and paediatric extensions ( PEs) in the UK. It outlines the reasons for their creation, when and how to apply, and how long they run. It also reviews leading rulings on SPCs from the courts of England and Wales, together with UK Intellectual Property Office ( IPO) guidance on SPC procedure... It further surveys numerous references to the Court of Justice on the interpretation of Regulation ( EC) 469/2009 and Regulation ( EC) 1610/96, which regulate SPCs for medicinal products and plant protection products within the EU (and, before Brexit, in the UK). The resulting Court of Justice decisions have defined the scope of SPC protection across the EU and the UK. For guidance on whether Court of Justice rulings bind UK courts, see Practice Note: Assimilated law— Assimilated case law. For a...

ARCHIVED : This Practice Note is archived and no longer updated. It is intended to assist with identifying the applicable law where a contract was concluded on or after 1 January 2021. For agreements made before 1 January 2021, the UK courts will apply a different applicable law regime. The regime engaged depends on the date the contract was made. For guidance on the respective regimes and how they interrelate, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation ( EC) 593/2008. Formerly called Retained Rome I, from 1 January 2024 it is styled Assimilated Rome I—the amendment is in title only and does not alter the regulation’s provisions. Authorities may use either designation and, for convenience, this Practice Note uses UK Rome I. For more on assimilated law, see Practice Note: Assimilated law. This Practice Note addresses consumer...

Introduction Block exemption rules offer broadly applicable safe harbours for agreements from the UK ban on anti-competitive agreements set out in Chapter I of the Competition Act 1998 (notably section 2), so long as the agreement satisfies the conditions of the relevant block exemption. Each such regime rests on the assumption that any restrictive deal within its ambit meets the four criteria in section 9 of the Competition Act 1998 required to obtain an individual exemption from section 2 (see also, Practice Note: Chapter I prohibition). As a result, a block exemption creates a safe harbour shielding restrictive arrangements from challenge under section 2 of the Competition Act 1998. Before 1 January 2023, research and development ( R& D) agreements were covered by Retained Regulation ( EU) 1217/2010, the Retained Research and Development Block Exemption Regulation ( UK Retained R& D BER), which...

STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts taking effect that same day. Provisions addressing matters such as dealing with data subject access requests and granting powers to make further regulations commenced immediately on 19 June 2025. Other measures, covering notices from the Information Commissioner and certain facets of law enforcement processing, began on 19 August 2025 (two months after Royal Assent). The bulk of DUAA 2025’s measures still require additional regulations, in the form of statutory instruments, before they can commence. Parts 5 and 6 update elements of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 and the Privacy and...

This new starter guide introduces design rights, spotlighting the core principles and supplying numerous links to Lexis+® UK sources and materials for fuller detail. It is intended for trainee solicitors and readers new to the law of design rights. Further information on other intellectual property ( IP) rights, including additional new starter guides, is set out in Practice Note: Intellectual property ( IP)—new starter guide. Where a topic falls outside this basic guide, explore the two Designs subtopics: Designs transactions and management Designs disputes For summaries of these areas, see: Design transactions and management—overview and Design disputes—overview. This guide also outlines how to sign up to the IP daily and weekly news alerts and how to contact Lexis Ask. Introductory materials For an introduction to designs in the UK, see the following Practice Notes: UK registered and unregistered designs ...

ARCHIVED: This Practice Note has been archived and is not maintained. The UK’s public procurement framework originates from EU procurement rules and is therefore affected by Brexit. On 31 January 2020 (exit day), the UK ceased to be an EU Member State and its relationship with the EU became governed by the Withdrawal Agreement, which commenced on 1 February 2020 (see below). For background analysis, see: Exit day—the practice area/sector view. The Withdrawal Agreement set out transitional measures, creating a transition (described in UK implementing legislation as the implementation period) from exit day until 31 December 2020 ( IP completion day). During this timeframe, the UK continued to be treated as a Member State for many purposes, including public procurement. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (save to the...

Prize promotions are undertaken for a range of purposes, from building brand recognition and publicising new products to attracting additional subscribers/customers. As these activities are typically consumer-facing, promoters must follow a set of established rules and obligations. If they do not, they risk breaching the law and becoming liable for penalties. This Practice Note delivers a practical ‘how to’ on running a prize promotion, summarising the key rules to observe when planning and executing the promotion, alongside the legal issues and considerations that may arise. For fuller guidance, see Practice Note: Prize promotions. For sample terms and conditions, see Precedents: Prize promotion terms and conditions—short form Prize promotion terms and conditions—long form Prize promotions terms and conditions—holiday prize clause Prize promotion terms and conditions—copyright ownership clause See also: Prize...

Originally authored by James E. Meadows, Culhane Meadows PLLC for Lexis Practical Guidance® US, and adapted for Lexis+® UK. This Practice Note sets out the issues a customer commissioning an outsourcing should consider in engaging with the market of potential service providers, together with alternative ways to progressively narrow options at key points in the selection journey. It is intended for general commercial practitioners advising private sector business customers on outsourcing transactions, and it does not address public procurement outsourcing. In choosing a procurement route for an outsourcing agreement, there is no single strategy that suits every case; distinctive circumstances often demand a bespoke approach. For example, although clients (customers of outsourcing services) frequently favour competitive tendering, in particular situations a sole-source option can secure terms comparable to those typically achieved through formal competition, particularly where existing relationships can be leveraged or a phased path is...

This Practice Note This Practice Note offers practical, hands-on guidance for drafting and advising on an invitation to tender within a private commercial procurement setting. It addresses, among other matters, preparation and planning, confidentiality and intellectual property, overall approach, alternative techniques, legal status, principal issues, drafting points, contractual terms and conditions, evaluation criteria, stakeholder management and cross-border considerations relevant to such procurements. Organisations issue an invitation to tender ( ITT) (also known as a request for proposal ( RFP)) when they intend to solicit and duly assess a tender (or proposal) from two or more third party suppliers of defined goods or services (or a mix of both) and, thereafter, to enter into a contract with the supplier most capable of consistently delivering those goods or services at a competitive price. This Practice Note is designed for general commercial practitioners advising business customers on...

This Practice Note provides an overview of the aims, character and breadth of the structured due diligence process that a potential buyer customarily undertakes in connection with the acquisition of shares in a private limited company, or the purchase of a business together with its assets (the target)... Purpose and initial considerations for the buyer Purpose of due diligence For any share or asset deal, the buyer begins, at the outset, from the long‑standing principle of caveat emptor (let the buyer beware)... As the seller is not obliged to reveal defects in, or liabilities attaching to, the target, the buyer must carry out its own independent enquiries and verification... Accordingly, it will appoint advisers to perform thorough commercial, legal, tax, financial or other due diligence and to produce reports identifying material issues arising from their review... From the buyer’s standpoint, the core purpose of due diligence is the...

Heads of terms Heads of terms (sometimes called an offer letter, term sheet, letter of intent or memorandum of understanding) summarise, in a succinct document, a broad outline of the parties’ expectations, understanding and accord regarding the key terms of the proposed transaction that they have agreed in principle. Where used, heads are signed at the very outset of the deal as soon as the parties settle the headline terms and before the buyer incurs expense on due diligence and the negotiation of the transaction documents. Although the heads will not oblige the parties to complete the transaction on the stated terms, or even at all, they aim to capture, in principle, the principal commercial terms of the arrangement being contemplated. There is no uniform format for heads of terms and they may take the shape of a letter (as is typical) or an...

ARCHIVED: This Practice Note is archived and is not being maintained. How has Brexit affected the supply of services? Brexit influences service provision wherever delivery crosses between the UK and the EU, as fresh trading rules between the UK and EU have applied since 1 January 2021. Careful attention should be paid to service contracts, particularly where they touch on intellectual property, data protection and competition law considerations, the position on access to EEA staff, and adjustments to the VAT framework. Sector-specific factors will also arise. In practice, impacts turn on cross-border elements, reflecting the new UK- EU trading arrangements that took effect on 1 January 2021. Review is therefore advisable for affected services. Contracts for the supply of services The rules governing the supply of services in business-to-business dealings stem from UK law; accordingly, a contract for purely domestic services (ie services exchanged by two...

Commercial Q& As— Brexit collection Commercial Brexit Q& As How far do contract references to UK and EU law change under the European Union ( Withdrawal) Act 2018? Post‑ Brexit, must UK courts and tribunals follow Court of Justice of the European Union decisions? From 1 January 2021, which factors set the correct customs duty rate on imported goods? What do the UKCA and UKNI marks mean, and when are they required? What is an authorised economic operator (trusted trader), and when should a business seek this status? From 1 January 2021, what are commodity and procedure codes, and where can I find them? If no amending SI alters the Commercial Agents ( Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, after IP completion day, what is the effect of Regulation 1(3)(b) allowing agents in member...

Regulation ( EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services and corporate website users of online search engines Often called the EU Platform-to-business Regulation ( EU P2B Regulation), Regulation ( EU) 2019/1150 took effect on 31 July 2019. It was created to integrate the online platform economy into the EU Digital Single Market strategy and to recognise the pivotal part played by online intermediation services (platforms) in enabling access to cross-border markets throughout the EU. While the UK remained an EU Member State, the EU P2B Regulation applied directly and continued to do so until the Brexit implementation period ended at 11 pm on 31 December 2020. From that moment, Retained Regulation ( EU) 2019/1150—referred to domestically as the UK Platform-to-business Regulation ( UK P2B Regulation)—became part of the body of retained EU law ( REUL) in the UK under the...

Plant-focused inventions can obtain intellectual property ( IP) safeguards through both the patent route as well as through plant variety protection mechanisms. Plant variety rights ( PVRs) constitute an IP right that grants exclusivity over the commercialisation of propagating material, allowing the owner to earn royalties, for instance by lawfully licensing others to multiply and sell the variety. This Practice Note sets out the IP protection for discrete plant varieties, referred to as plant variety rights ( PVRs) or plant breeders’ rights. It outlines the UK framework, in particular under the Plant Varieties Act 1997 ( PVA 1997), governing UK PVRs. It details the applicable criteria for validity, the infringement assessments, and the circumstances for compulsory licences of PVRs. The Note additionally also addresses patent coverage for plant-related inventions, including groups of plants sharing a common...

An individual can deliver their services in several distinct forms indeed. The predominant model is an employment relationship, broadly requiring the employer to run PAYE on sums paid to the employee, comply with real time information ( RTI) reporting duties, pay employer National Insurance contributions ( NICs), and observe a wide range of relevant employment law obligations. The employee is typically paid earnings only after income tax and employee NICs. A notable minority in the UK operate as self-employed, often providing their services straight to their customers and clients. These individuals must personally report and settle their own income tax and NICs liabilities independently. It is, in the end, a (sometimes intricate) factual assessment in every case whether a worker is self-employed or not. For further detail on how this is assessed, see Practice Note: Establishing employment status—from a tax and NICs...