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What does Search mean?

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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Considerations and next steps for victims of fraud—checklist

Considerations and next steps for victims of fraud—checklist This Checklist is designed to assist individuals and companies who suspect they have been a victim of fraud. It considers the immediate steps they should take to gather and preserve evidence, obtain legal advice, mitigate and reduce risk and obtain emergency or urgent relief (such as freezing orders and insurance cover), including whether it is necessary to report a suspected fraud to the police and how to do so using the Action Fraud service. It also addresses the choice between issuing civil and criminal proceedings for fraud and explains the possibility of running a civil fraud claim in parallel with a criminal prosecution (private or public). This Checklist should be read in conjunction with the Practice Notes: • Starting a civil fraud claim—a practical guide • Civil fraud—heads of claim • Civil fraud—frequently asked questions (FAQ) • Commencing criminal proceedings—applying for the issue of a summons • Fraud—civil claim and private criminal prosecution compared For full guidance on fraud offence under criminal...

Commercial contract review and execution (business personnel)—checklist

Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...

EU trade marks (EUTMs)

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...

Application to register a UK trade mark

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 due diligence questionnaire for share or asset purchases

Property queries to be included in a due diligence questionnaire for an asset or share purchase Real property 1 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; ...

Letter to central index of decree absolutes (pre-DDSA 2020)

Letter to central index of decree absolutes (pre-DDSA 2020) Central Family Court Decree Absolute Search Section First Avenue House 42–49 High Holborn London WC1V 6NP Dear [Insert name] We act for [insert name][, the [petitioner OR respondent] ]. [ [He OR She] has not seen [his OR her] [wife OR husband] for [insert number] years.] We should be obliged if you would carry out a search of the central index to see whether our client’s [wife OR husband] has, at

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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?

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 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]. POCA 2002 (References to Financial Investigators) (England...

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JAMS launches AI-powered ‘JAMS Next’

JAMS has announced the launch of ‘JAMS Next’, an initiative aiming to leverage AI-powered tools to streamline the alternative dispute resolution (ADR) process. Forming part of JAMS’ commitment to innovation in the AI space, ‘JAMS Next’ capabilities include AI-powered transcriptions, AI-assisted neutral search, AI rules, and virtual ADR services.

AAA-ICDR announces launch of GenAI-powered panelist selection tool

The American Arbitration Association (AAA) together with the International Centre for Dispute Resolution (ICDR) has announced the launch of a new generative artificial intelligence (GenAI)-powered panelist selection tool, named AAAi panelist search. The case managers will use this tool in addition to their standard roster searches and it will aim to help them to create a list of arbitrators or mediators that is customised to the particulars of each case. Its key feature is to broaden and deepen the search across the AAAI-CDR roster for potential candidates.

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