Licence of right definition

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Using IP as security: key issues—checklist

Using IP as security: key issues—checklist This Checklist is drafted from the lender’s perspective, and it is designed to highlight the key issues to consider and steps to follow when using IP as security, such as to: • consider the nature of the IP right • consider the type of security • consider ownership, duration, and third-party rights • consider validity and maintenance of the right • value the IP right • consider associated rights and property • register the security at the appropriate registry For further information on taking or perfecting security over IP, see: • Practice Notes: Taking security over intellectual property rights, Taking security over intellectual property—practical points, Perfecting security over intellectual property rights and registering security at an intellectual property registry and Effect of registering security at IP registries on priority of security interests • Precedents: Assignment of intellectual property by way of security, Agreement for assignment of patent by way of security in pursuance of loan agreement: Encyclopaedia of Forms and Precedents (21(1)) [1172], Mortgage...

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Design assignment and licensing

Protection of designsDesigns are capable of being protected in a number of ways in the UK and, depending on how they are protected, they can be assigned, licensed or otherwise transferred.The design rights currently available in the UK are as follows:•UK registered designs (including re-registered designs and re-registered international designs)•UK unregistered design right (also known as ‘design right’)•supplementary unregistered design right (SUD)Each of the above rights differs in terms of qualifying criteria, scope and duration of protection. For more information, see Practice Notes: UK registered and unregistered designs and Comparison tables for design protection available in the UK.Prior to Brexit, the UK designs regime was significantly harmonised with the EU regime.The Designs Directive (Directive 98/71/EC) harmonised the requirements for national registered design protection across the EU. It was incorporated into UK law through amendments to the Registered Designs Act 1949 (RDA 1949), which governs UK registered designs.However, UK unregistered design rights operate under a separate regime under the Copyright, Designs and Patents Act 1988 (CDPA 1988).Regulation (EC) 6/2002 established the...

Patent assignment

This Practice Note provides guidance on the assignment (transfer) of patents and patent applications. It covers the formalities for assigning patents, the procedure for registering (or recording) the transactions and key points to consider in drafting an assignment. For information about licensing patents, see Practice Note: Licensing intellectual property rights.Patent protectionThe Patents Act 1977 (PA 1977) is the main law governing the patents system in the UK. UK patents can derive from either a national UK patent application or a European patent application. For more information, see Practice Note: Patent applications—how to obtain patent protection in the UK.PA 1977 treats patents and patent applications as personal property rights. As such, patents and patent applications can be assigned, licensed or otherwise transferred. The transfer of rights can take place at any stage from prior to the making of the invention to after the expiry of the patent. It is also possible for a patent assignment to extend the assignor’s obligations to enter into good faith negotiations with the assignee concerning assignment...

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Asset purchase agreement—pro-buyer—corporate seller—conditional—long form

Asset purchase agreement—pro-buyer—corporate seller—conditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 [insert name of selling corporate entity] a company incorporated in [England and Wales OR [insert country of incorporation]] under number [insert company number] whose registered office is at [insert address] (Seller), 2 [insert name of purchasing corporate entity] a company incorporated in [England and Wales OR [insert country of incorporation]] under number [insert company number] whose registered office is at [insert address] (Buyer), and 3 [Insert name of guarantor entity] incorporated in [England and Wales OR [insert country of incorporation]] under number [insert company number] whose registered office is at [insert address] (Guarantor) [(each of the Seller, the Buyer and the Guarantor being a Party and together the Seller, the Buyer and the Guarantor are the Parties).] BACKGROUND (A) The Seller currently carries on the Business[ under the Business Name]. (B) The Seller has agreed to sell the Business (including the Assets) as a going concern...

Asset purchase agreement—pro-buyer—corporate seller—unconditional—long form

Asset purchase agreement—pro-buyer—corporate seller—unconditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 [insert name of selling corporate entity] a company incorporated in [England and Wales OR [insert country of incorporation]] under number [insert company number] whose registered office is at [insert address] (the Seller), 2 [insert name of purchasing corporate entity] a company incorporated in [England and Wales OR [insert country of incorporation]] under number [insert company number] whose registered office is at [insert address] (the Buyer) [(each of the Seller and the Buyer being a Party and together the Seller and the Buyer are the Parties).] BACKGROUND (A) The Seller carries on the Business[ under the Business Name]. (B) The Seller has agreed to sell the Business (including the Assets) as a going concern to the Buyer subject to the terms and conditions in this Agreement. (C) [[insert further recitals if required]] The parties agree: 1 Definitions and interpretation 1.1 In this Agreement[ unless the context otherwise...

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If a product was designed by party A and then made available to and sold for four years by party B, can party A prevent party B from producing and selling the product under their own name?

If a product was designed by party A and then made available to and sold for four years by party B, can party A prevent party B from producing and selling the product under their own name? Registered design rights A registered design right can protect the appearance of the whole or part of a product. To attract protection a design needs to: • be new, and • have individual character The designer has a twelve-month grace period from self-disclosure of the design in which to file an application for registration. As this product has already been sold for four years the designer cannot benefit from the twelve-month grace period. See Practice Notes: UK registered and unregistered designs and EU designs for more information. Unregistered community design right Unregistered community design rights (effective throughout the EU) and UK unregistered design rights both arise automatically in respect of qualifying designs without the need for registration or any other specific action on the part of the owner. Unregistered community design...

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IP weekly highlights—9 December 2021

This week's edition of IP weekly highlights includes: analysis of HRH The Duchess of Sussex v Associated Newspapers Ltd, in which the court dismissed Associated Newspapers Ltd’s appeal and affirmed the High Court’s decision to grant summary judgment in favour of the Duchess of Sussex, the case of Other Creative Ltd v Mother Family Ltd, which concerned a defendant’s application to transfer the claimant’s passing off claim to the Intellectual Property and Enterprise Court and a call for views from the IPO on the functioning of the Standard Essential Patents framework.

IPO amends timings for receiving licence of right endorsement applications

The Intellectual Property Office (IPO) has updated its 'Licensing intellectual property' guidance to state that when making an application for a licence of right endorsement via a Patents Form 28, the application must reach the IPO at least 28 working days ahead of the next renewal due date. Previously, the deadline was ten days before the next renewal date.