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Intellectual property rights licence (asset purchase)—checklist How to use this checklist This checklist is designed to highlight issues that commonly need to be addressed when drafting long-form and short-form licences of IPRs in an asset purchase scenario, and is to be used with the following Precedents: • Intellectual property licence (asset purchase) (long form) • Intellectual property licence (asset purchase) (short form) For assignments of IPRs in an asset purchase scenario see: • Assignment of intellectual property rights (asset purchase) (long form) • Assignment of intellectual property rights (asset purchase) (short form) • Assignment of intellectual property rights (asset purchase)—checklist For copyright licences consider: • Copyright licence—pro-licensee • Copyright licence—pro-licensor • Copyright licence—checklist For licences of design rights consider: • Design licence—pro-licensee • Design licence—pro-licensor • Licence of designs—checklist For patent licences consider: • Patent licence—pro-licensee • Patent licence—pro-licensor For trade mark licences consider: • Trade mark licence—pro-licensee • Trade mark licence—pro-licensor • Trade mark licence—checklist For further information on issues raised by this checklist, see the following Practice Notes:...
What vests and doesn't vest in the trustee in bankruptcy—checklist Asset Vests in the trustee in bankruptcy? Comments Reference The bankrupt's (their family's) primary/sole residence Yes (but for a limited time only) The asset will only vest in the bankruptcy estate for a period of three years beginning on the day the bankruptcy order is made. Section 283A of the Insolvency Act 1986 (IA 1986) Freehold property Yes Where the bankrupt holds an interest in land, that interest will vest in the trustee in bankruptcy (trustee). IA 1986, ss 283(1) and 436 Leasehold property Varies Apart from a few exceptions, leasehold property will vest in the trustee.The exceptions are certain statutory tenancies as set out in IA 1986, s 283(3A), but the trustee can claim even these by service a notice. IA 1986, ss 283(1), 283(3A) and 308A Money/cash Yes To the extent the bankrupt holds any money/cash at the time the bankruptcy order is made, that will form part of the bankruptcy estate and vest in the trustee....
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Retained EU Law (Revocation and Reform) Act 2023 sifting process—flowchart The Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) contains a range of legislative powers, enabling relevant national authorities to reform retained EU law (REUL) by introducing secondary legislation to amend, revoke, restate and/or replace REUL and assimilated law. The main legislative powers are set out in REUL(RR)A 2023, ss 11–16. The main procedural requirements (including parliamentary scrutiny procedures) for these instruments are set out in REUL(RR)A 2023, s 20 and Schs 4–5. REUL(RR)A 2023 sifting process—background Under REUL(RR)A 2023, before certain statutory instruments (described here as ‘REUL reform SIs’) are formally laid in Parliament, they have to go through a preliminary sifting process to confirm the appropriate parliamentary procedure. The sifting process is outlined in REUL(RR)A 2023, Sch 5 Pt 2, para 6. Under this process, where a minister wishes to introduce a REUL reform SI subject to sifting using the negative procedure (whereby instruments are laid in Parliament after being made and become law without debate, unless...
Direct marketing decision tree—postal—data protection This decision tree provides a logical process for determining whether you can engage in postal direct marketing and, if so, to whom. For other types of marketing, see: Direct marketing decision tree—email and other electronic mail marketing—data protection and Direct marketing decision tree—live telephone calls—data protection. Note 1—personal data and corporate targets Postal marketing to named individuals identified from your customer database will involve processing personal data. The definition of personal data is sufficiently wide to cover business-to-business marketing activities, in particular postal marketing to named individuals in their work capacity: ‘Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person’ Note 2—circumventing the UK GDPR The...
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What does IP completion day mean for clinical trials? [Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. 11 pm (GMT) on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and institutions. At that point in time (referred to in this document as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to the following aspects of clinical trials: • Overview—what happened on 31 December 2020 • How does Brexit impact clinical trials? • What are the key legal authorities in this area? • What guidance is available from the UK government? • What guidance is available from the EU? • What are the key items of retained EU law? Are they subject to amendment from IP completion day? • What are the key requirements for sponsors from IP completion day?...
Dealing with dawn raids by the Information Commissioner's Office—key information This Practice Note provides practical tips on dealing with a dawn raid by the Information Commissioner’s Office (ICO). It sets out what the ICO is, the main reasons for an ICO raid, its powers, and the consequences of failing to co-operate with a raid by the ICO. This document reflects the UK General Data Protection Regulation (GDPR) regime. What is the ICO? The ICO is an independent authority set up by the UK government to uphold information rights in the public interest, promote openness by public bodies and protect data privacy for individuals. The ICO is an executive non-departmental public body, sponsored by the Department for Digital, Culture, Media & Sport. The ICO oversees and may enforce the following legislation and regulations: • Data Protection Act 2018 (DPA 2018) • GDPR • Freedom of Information Act 2000 • Environmental Information Regulations 2004 • Privacy of Electronic Communications Regulation 2003 • Investigatory Powers Act 2016 • Environmental Protection...
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Ireland—data protection impact assessment—artificial intelligence DPIA screening questionnaire The screening questionnaire should be a concise document and not overly burdensome on the business. However, it needs to provide sufficient information to the DPO/Privacy POC to decide if a DPIA needs to be completed. Like the DPIA itself, the screening questionnaire will be drafted by a multidisciplinary team within the business. All completed screening questionnaires should be approved, time stamped and retained by the DPO/Privacy POC. Where a DPIA is required, it should be kept with the screening questionnaire to avoid duplication. The DPIA template is a continuation of the screening questionnaire. While the screening questionnaire and the DPIA detail AI use in accordance with EU GDPR requirements, companies deploying AI systems also need to factor in their obligations under additional relevant legislation, such as the requirement to carry out a fundamental rights impact assessment (FRIA) under the EU AI Act. While outside the scope of this document, information gathered as part of the screening questionnaire / DPIA exercise will be...
Records retention schedule 1 Introduction 1.1 This Record retention schedule accompanies and is incorporated into [insert organisation’s name]’s Records management policy. It sets out the time periods that different types of Business Records (as defined in the Records management policy) must be retained for business and legal purposes. [You do need not read the entire retention schedule, but rather should focus on the types of records relevant to your role.] 1.2 The retention periods in the schedule are based on business needs and legal requirements, including our obligation under data protection law not to keep personal data for longer than is necessary. Once a retention period has expired the data or record should be reviewed and destroyed if it is no longer needed. 1.3 If you maintain any types of records that are not listed in this schedule, and it is not clear from the existing record types in this schedule what retention period should apply, please contact [insert who, eg the Data Protection Officer]...
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What is the position where a former client (who is now a defendant in proceedings brought by their former solicitors firm) makes a request under the Data Protection Act 1998 for a copy of any or all documents in the solicitors' file pertaining to him while he had instructed the firm? In strict legal terms a former client is entitled to have his former solicitor’s papers delivered to him provided that the solicitor has no lien over them due to the non-payment of fees. If fees have not been paid then the solicitor is entitled not to deliver up the papers unless the papers are needed to conduct litigation. In those cases the court will order delivery up of the papers but usually upon the provision by the client of security for the fees. In any case the solicitor is entitled to take and keep copies of those documents. If the documents are part of a well organised paper filing system organised in such a way that...
What is the difference between bitcoin and blockchain? What is bitcoin? Bitcoin is a digital token that lets you send money to any person in the world to pay for goods and services. It is a transparent, peer-to-peer payment network, and is now accepted by some real-life businesses as well as popular online services such as WordPress and Reddit. However, it is still very much in its early stages, and can be strongly affected by relatively small events. It’s a digital currency based on cryptic formulae and rules. It has been around for a few years, but is still pretty niche in the UK. The basis of it is that a bitcoin is created every time a computer solves a mathematical puzzle, so more and more are issued, but every time a puzzle is solved it gets harder and harder. You could make a comparison with gold, in that gold can be mined but it gets harder to find it and get it out of the ground...
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The European Commission has published its fourth Environmental Implementation Review, estimating that failure to comply with EU environmental law costs the bloc around €180bn annually—approximately 1% of its GDP. The review highlights gaps in enforcement across areas such as air pollution, biodiversity and water quality, and sets priority actions for all 27 Member States. ClientEarth has called for full transparency of infringement procedures to improve accountability and strengthen the EU’s environmental rule of law.
The Department for Environment, Food and Rural Affairs (Defra) has published guidance on new mandatory registration and voluntary accreditation requirements for packaging waste reprocessors and exporters under the extended producer responsibility (EPR) for packaging scheme. From September 2025, registration will be mandatory, with applications due by 1 October 2025 for the compliance period starting on 1 January 2026. While accreditation remains voluntary, reprocessors and exporters must apply if they wish to be eligible to issue packaging recycling notes (PRNs) or packaging export recycling notes (PERNs). The guidance also clarifies that applications for 2026 registration or accreditation cannot be submitted through the National Packaging Waste Database (NPWD). Further details on accessing the NPWD for past reprocessing or exporting data, as well as information on the 2026 application process, will be released in due course. Additionally, the guidance sets out updated fee structures.
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