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The search in terms of a patent is where the search examiner searches the prior art to see what, if anything, is relevant for the examination of the patent.
The search occurs after the preliminary examination and, usually, before publication. It is possible for a unity objection to be made at this stage.
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Cash searches—checklist Code of Practice The search powers covered in this Checklist are subject to the Recovery of cash: search powers, code of practice under section 292. Cash search powers A police, immigration, customs, Serious Fraud Office (SFO) officer or an accredited financial investigator (the relevant officer) may only exercise the power to search where the following criteria are met: Premises • the relevant officer must already have lawful authority to be present on the premises either under another statutory power or by invitation • the relevant officer must have reasonable grounds to suspect that cash is on the premises that is either recoverable property or is intended for use in unlawful conduct, see Practice Note: Cash searches under the Proceeds of Crime Act 2002 • the relevant officer must have reasonable grounds to suspect that the amount of cash is greater than the statutory minimum amount of £1,000 Vehicles • it must appear to the relevant officer that the vehicle is under the control of a person (ie the...
Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...
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EU trade mark registration—flowchart This Flowchart provides an overview of the EU trade mark (EUTM) registration process as implemented by the EU Intellectual Property Office. It covers the key stages of application; publication; opposition; registration; cancellation and expiry. For more information about applying for an EUTM (including use of the fast-track procedure), see Practice Note: EU trade marks (EUTMs). For an example search sheet setting out instructions as to the scope of the clearance searches to be conducted prior to
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What is an EU trade mark and why register one?An EU trade mark (EUTM) registration is a single trade mark covering all EU Member States.An EUTM is obtained by means of a single trade mark application filed at the EU Intellectual Property Office (EUIPO), located in Alicante, Spain.Obtaining an EUTM is cheaper than registering national trade marks in more than three Member States. For information about fees, see: EUIPO Fees.An EUTM can form the basis of an international registration and an international registration can form the basis of an EUTM application. For more information, see Practice Note: Madrid international trade mark system.EUTMs are registered for a period of ten years from the date of filing the application and can be renewed indefinitely for subsequent ten-year periods.An EUTM allows for an EU-wide application for action to be lodged with the customs authorities, which enables them to seize and detain infringing goods, and for pan-EU injunctions against infringement to be obtained. For more information, see Practice Notes: IP enforcement and the EU...
This Practice Note provides guidance on applying to register a trade mark at the UK Intellectual Property Office (IPO). It deals with issues relating to conducting searches before making an application, the three-phase application process, making the application for registration, application fees, filing dates, claiming priority, classification of goods and services, search and examination, eligibility of the mark, absolute and relative grounds of refusal, examiner's objections, and publication of the application. It covers relevant provisions of the Trade Marks Act 1994 (TMA 1994).The registration of a trade mark gives the owner the exclusive right to prevent others from using that mark without their consent. It is important that any individual or company wishing to use a name or brand in respect of particular goods or services applies to register that mark to benefit from maximum protection.For more information about infringement of trade mark registrations, see Practice Note: Trade mark infringement—UK. Seeking protection through the common law tort of passing off for unregistered marks is dealt with in Practice Note: Introduction...
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Property queries to be included in a due diligence questionnaire for an asset or share purchase Real property 1 Â 1.1 Please provide details of all properties owned, occupied or used [by any Group Company OR in connection with the Business] (the Properties), including whether freehold or leasehold. 1.2 In respect of the Properties, please provide the following information: 1.2.1 full address; 1.2.2 approximate size of site and total size of buildings; 1.2.3 legal owner; ...
Dawn raid—Response Team details table Title Name Contact details Responsibilities [Reception AND/OR Security] [Insert name] [Insert contact details] Greet investigatorsRequest and copy the warrant/decision notice and investigators’ IDsShow investigators to a secure meeting roomContact Response Team LeadersArrange secure meeting room for Response Team Response Team Leaders [Insert names] [Insert contact details] Immediately attend the premisesReview the warrant or decision noticeAssemble and brief the Response TeamInform staff and Response Team Leaders in other locations (if appropriate), of the raidManage the gathering of documents and materialsManage the interview processEnsure end-of-raid procedures are
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What powers does an investigator have to compel the witness to provide a statement during a criminal investigation, where a witness is known to be in the possession of crucial evidence, but is unwilling to provide a section 9 witness statement? Can the witness be forced to give evidence at trial? Certain regulators have specific powers to compel witnesses to give statements during investigations. These are statutory powers which can be used during an investigation into suspected offences and the witness is compelled to attend the interview to answer questions or to provide information. However, as these are powers to compel and the witness has no right of silence as they would do in an interview under caution, there are statutory safeguards restricting the use of any information obtained from the compulsory interview powers. The contents of the interviews cannot be used in evidence against the maker in their subsequent criminal trial unless: • the trial is a prosecution for an offence of providing false or...
Who is an accredited financial investigator and what powers can they exercise under the Proceeds of Crime Act 2002 (POCA 2002)? Who is an accredited financial investigator? An accredited financial investigator (AFI) for the purposes of Proceeds of Crime Act 2002 (POCA 2002) is a financial investigator who is trained and accredited pursuant to POCA 2002, s 3. In addition, POCA 2002, s 453 empowers the Secretary of State, through secondary legislation, to designate an investigator who falls within a specified description as an AFI. The purpose of this order-making power is to enable the Secretary of State to limit the use of restraint and investigation powers to those financial investigators who are employed or engaged by law enforcement authorities or are employed or engaged in a law enforcement capacity by Government departments. For further information, see the Explanatory Notes to POCA 2002, s 453 at Part 12: Miscellaneous and General: UK Acts 2002: Explanatory Notes of Primary Legislation [643]. POCAÂ 2002 (References to Financial Investigators) (England...
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This week's edition of Tax weekly highlights includes: (1) HMRC’s announcement of a consultation on draft MTT and DTT supplementary guidance, (2) News Analysis of the FTT’s decision in Bryan Robson Limited that consideration attributable to the exploitation of image rights was outside the scope of IR35, and (3) News Analysis of the UT’s decision on EIS disqualifying arrangements in Hoopla Animation Ltd.
This week's edition of Pensions weekly highlights includes a review of key news stories, as well as dates for your diary and trackers.
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