Legal Precedents

This Agreement is dated [ insert date ] Parties [ insert licensor name ], [ of OR a [ company OR partnership OR limited liability partnership ] [ incorporated OR constituted ] in [ insert jurisdiction, eg England and Wales ], whose registered number is [ insert company or LLP number ] and whose [ registered office OR principal place of business ] is at [ insert address ] ( Licensor); and [ insert licensee name ], [ of OR a [ company OR partnership OR limited liability partnership ] [ incorporated OR constituted ] in [ insert jurisdiction, eg England and Wales ], whose registered number is [ insert company or LLP number ] and whose [ registered office OR principal place of business ] is at [ insert address ] (...

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] Before: Date: BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant ORDER UPON the hearing of claim [ insert claim number ] before [ Mr OR Mrs OR Miss OR [ insert other ] ] Justice [ insert name ] on [ insert trial date ]; AND UPON judgment in the claim being handed down on [ insert date ]; AND UPON the Court determining that the Claimant succeeds on its complaint of copyright infringement; AND UPON HEARING [ insert name ], counsel for the Claimant, and [ insert name ], counsel for the Defendant; IT IS ORDERED...

The purpose of the claim form A claim form is a species of statement of case and the document that begins court proceedings. It sets out information relevant to the case, including but not limited to: the court reference number to be used on all later court papers; the parties involved in the proceedings; what is being claimed or sought; the particulars of claim (including any claim for interest); and contact information for the claimant, usually the claimant’s solicitor. The procedural rules on where and how to issue proceedings are found in CPR Part 7. General guidance on the contents of a claim form can be found in the Practice Note: Claim form—the contents. This Precedent supplies a downloadable Word version containing suggested wording for use in relation to a claim for copyright infringement. Please left‑click the link to start the download; attempting to open it in a new tab will...

Case No. [ insert claim number ] In the High Court of Justice Business and Property Courts of England & Wales Intellectual Property List ( Ch D)[ INTELLECTUAL PROPERTY ENTERPRISE COURT ] Between:[ insert full name of claimant ] Claimantand[ insert full name of defendant ] Defendant DEFENCE Unless stated otherwise, the paragraph numbering used below corresponds to the paragraphs in the Particulars of Claim. Except where expressly pleaded herein, the Defendant contests the Claimant’s assertions and contentions in the Particulars of Claim, and each such allegation is denied. Where any matter is not admitted, this is due to the Defendant having no knowledge of that matter, which the Claimant is put to prove......

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant REPLY REPLY REPLY 1 In this Reply herein, unless indicated otherwise, mention of paragraph numbers refers to those in the [ Particulars of Claim OR Defence ]......

Case No: [ insert claim number ] IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND and WALESINTELLECTUAL PROPERTY LIST ( Ch D)[ INTELLECTUAL PROPERTY ENTERPRISE COURT ( IPEC) ] BETWEEN:[ insert full name of Claimant ] Claimantand[ insert full name of Defendant ] Defendant DEFENCE AND COUNTERCLAIM DEFENCE Unless otherwise stated, paragraph references are to the Particulars of Claim. The Defendant responds to the material allegations set out below. Any matter not expressly addressed in this Defence is required to be strictly proved by the Claimant. The Claimant Paragraphs 1–5 are admitted [ save that: ] 3.1 [ it is not admitted that the Claimant’s undertaking extends to, or includes, the provision of [ insert description of the scope of the claimant’s business that the claimant has pleaded but which the defendant does not admit the claimant is...

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND & WALESINTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ( IPEC) ] Between: [ insert full name of claimant ] Claimantand[ insert full name of defendant ] Defendant REPLY AND DEFENCE TO COUNTERCLAIM REPLY Except to the extent that the Defendant’s Defence and Counterclaim (the Defence) contains admissions of allegations set out in the Particulars of Claim, or as otherwise dealt with below, the Claimant contests the Defence and relies upon CPR rule 16.7(2). As to paragraph 3, the following is observed: It is denied that paragraph 3(1) provides a complete and accurate description of the Claimant’s business [ provide further details, if appropriate ]. [ It is averred that the...

Introduction This concerns the acquisition by [ insert buyer name ] (the Buyer) of the [ entire share capital of [ insert name of target company ] Limited, incorporated in England and Wales under number [ insert company number ] (the Company) OR [ insert description of the business to be acquired ] (the Business) as a going concern, together with specified assets used in the Business ] from [ insert seller name ] (the Seller) (the Proposed Acquisition). This questionnaire is intended to enable the Buyer, the Buyer's solicitors, patent and trade mark attorneys, and other professional advisers to gather essential information about the IP owned and/or used by the [ Company and its subsidiaries OR Business OR which the Buyer requires to assist in the valuation of the Company OR Business and with the negotiation of the Proposed...

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ( IPEC) ] Before: Date: BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant ORDER UPON the trial of action [ insert claim number ] having been held before [ Mr OR Mrs OR Miss OR [ insert other ] ] Justice [ insert name ] on [ insert trial date ]; AND UPON the Court handing down judgment in the action on [ insert date ]; AND UPON the Court determining in favour of the Claimant on its claims for infringement of UK registered trade mark no. [ insert number ] (the Trade Mark) and for passing off; AND UPON the Court...

The purpose of the claim form A claim form initiates proceedings. It sets out information relevant to the case, including: the court reference number to be used on all subsequent court documents; the parties to the proceedings; what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, typically the claimant’s solicitor. Guidance on the contents of a claim form in general is available in the Practice Note: Claim form—the contents. This Precedent includes suggested text for use where the claim concerns trade mark infringement and/or passing off. The form provides direction on the particular points that should be considered when completing a claim form for use in such proceedings. The attached N1 claim form is provided as an example only. We recommend that practitioners download the latest N1 claim form in PDF from the official source for...

This Agreement is entered into on [ date ]. Parties [ Proprietor’s name ] of [ insert address ] (the Proprietor); and [ Publisher name ], a company registered in England and Wales with registration number [ insert company number ] and with its registered office at [ insert registered office ] (the Publisher)......

This Agreement bears the date [ insert date ] as below. Parties The parties are: [ insert name of assignor ] [ of OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ], whose registered office is located at ] [ insert address ] ( Assignor); [ insert name of assignee ] [ of OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ], whose registered office is located at ] [ insert address ] ( Assignee). Each of the Assignor and the Assignee is a party and, together, the Assignor and the Assignee are the parties herein. Background ( A) The Assignor is the [ registered proprietor AND/ OR applicant AND/ OR owner ] of specified Designs (as defined below). ( B) The Assignee is [ insert...

This Deed is dated [ insert date ] Parties [ insert name of assignor ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Assignor); and [ insert name of assignee ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Assignee). Each of the Assignor and the Assignee is a party, and together the Assignor and the Assignee are the parties. Background The Assignor is the [ registered proprietor AND/ OR applicant ] of certain Designs (as defined below). The Assignee is [ insert description of the Assignee’s background/background to assignment or relevant transaction ]. The Assignor agrees to transfer its rights in the Designs [ and the Design...

Precedent report This Precedent report serves to alert a client, or another area of the business, to anti‑counterfeiting issues and related matters. It may cover detentions by customs authorities pursuant to the simplified procedure set out in Assimilated Regulation ( EU) 608/2013, and detentions by the Chartered Institute of Trading Standards (‘ Trading Standards’) or the police, as well as other discoveries of counterfeit goods. Its aim is to simplify the process of obtaining instructions on whether any detained or discovered good is counterfeit. It is regularly employed to handle relatively low‑value, time‑sensitive detentions or discoveries in practice......

This AGREEMENT bears the date [ insert date ]. Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] with number [ insert registered number ] and with its registered office at ] [ insert address ] ( Assignor ); [ insert name ] [ of OR a company incorporated in [ England and Wales ] with number [ insert registered number ] and with its registered office at ] [ insert address ] ( Assignee ) (each of the Assignor and the Assignee constitutes a party and, collectively, the Assignor and the Assignee constitute the parties). BACKGROUND ( A) The Assignor is the [ owner of OR applicant for ] the Patents as defined herein. ( B) The [ Parties have entered into the Main Agreement as defined herein and the ] Assignor has agreed to assign such...

This DEED bears the date [ insert date ]. Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at ] [ insert address ] (the Assignor); [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at ] [ insert address ] (the Assignee). Each of the Assignor and the Assignee is a party and, collectively, the Assignor and the Assignee are the parties. BACKGROUND ( A) The Assignor is the [ proprietor of OR applicant for ] the Patents as defined herein. ( B) The [ Parties have entered into the Main Agreement as defined herein and the ] Assignor has agreed to assign such Patents to the...

[ insert address of sender ] Our ref: [ insert reference ] Your ref: [ insert reference ] [ Insert address of recipient ] Date: [ insert date ] Dear [ insert organisation name ], [ insert purpose or project ] (the Purpose ) 1 We write in respect of the Purpose. Each party may provide Confidential Information to the other, to be used solely for the Purpose, in line with the provisions set out in this letter (the Agreement )......

[ Insert name and address of recipient ] Dear [ insert organisation name ], [ Name of client ] and confidential information We act for [ insert name of client ] of [ address ]. We write regarding the unlawful disclosure [ and unauthorised use ] of our client’s confidential information. This correspondence is issued pursuant to the [ Practice Direction Pre- Action Conduct and Protocols under the Civil Procedure Rules OR Pre-action Protocol for Media and Communications Claims ]. Our client trades in [ describe client’s business and any other background information ]. They hold highly sensitive commercial material, including [ [ identify the confidential information ] OR [ identify the categories of confidential information ] ] (the Confidential Information). The Confidential Information was provided to [ you OR [ name of individual ] ] on [ provide details about the...

This Agreement is entered into on [ date ] Parties [ insert name of party ] [ of [ insert details ] OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ] and whose registered office is at [ insert address ] ] ( Party A); [ insert name of party ] [ of [ insert details ] OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ] and whose registered office is at [ insert address ] ] ( Party B), each of Party A and Party B being a party and, collectively, the parties. Background Party A is [ insert details ], whilst Party B is [ insert details ]. The parties intend to share Confidential Information with one another strictly for the...

[ insert address of sender ] Our ref: [ insert reference ] Your ref: [ insert reference ] [ insert address of recipient ] Date: [ insert date ] Dear [ insert organisation name ], [ insert purpose or project ] (the Purpose ) 1 We make reference to the Purpose. We may provide Confidential Information to you to be used solely for the Purpose, in line with the terms set out in this letter (the Agreement ).......