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Patent assignment—checklist This Checklist identifies the key terms typically included in an assignment of patents or patent applications. This document can be used as a checklist of issues to consider when drafting, reviewing or negotiating an assignment of patents or patent applications. It can also be adapted for use as a heads of terms to record basic agreed terms while a formal assignment is being negotiated. How to use this Checklist This Checklist is designed to highlight issues that commonly arise during the negotiation and drafting of the following type of agreements: • Patent assignment—pro-assignor • Patent assignment—pro-assignee For further information on issues raised by this Checklist, see Practice Note: Assigning intellectual property rights. This Checklist can also, where appropriate, form the basis of a simple non-binding heads of terms. For guidance on how to do this, see Precedent: Heads of terms—commercial contracts. Checklist for proposed assignment of patents or patent applications Checklist Further information Notes (if any) Key commercial considerations ☠Parties Confirm which entities will be party...
Remote execution of documents resources—checklist Remote execution of documents has become increasingly popular. This Checklist of resources sets out some of the considerations for remote execution of documents when parties are not able to meet in person. Key commercial resources We have produced a collection that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents, including information relating to remote execution. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution collection. This Checklist considers remote execution from a general commercial perspective only and assumes that the agreements are subject to English law. For general information and guidance relating to execution, see: Execution—overview. For more specific guidance on execution requirements in other Practice Areas please check that Practice Area’s content. The Law Society has also brought together a variety of established guidance on execution of documents by virtual means, execution of documents using electronic signatures, its ‘Tips on how to operate in...
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Ireland—Commercial—new starter guide This new starter guide provides an introduction to the Ireland—Commercial law (Commercial) practice area. It is aimed at trainee solicitors and those who are new to Commercial as a practice area. It focuses on the key issues that arise when advising on Commercial matters and includes links to other UUÂãÁÄÖ±²¥Â® sources and materials which provide more comprehensive information on the topics covered. Those who are new to Commercial are also likely to find the Overviews in each of the subtopics in the practice area useful. These Overviews summarise the law relating to a particular right or issue, providing links to relevant content within the subtopic to help navigate the area concerned. For example, see: Ireland—Data protection and ePrivacy—overview and Ireland—Breach and remedies—overview. Where something is not covered by this basic guide, use the Topics tab or Topics dropdown menu to browse further practice area content. What do Commercial lawyers do? Commercial lawyers act for businesses and organisations, providing guidance on an on-going basis in connection with their...
Ireland—Artificial intelligence in the workplace Artificial intelligence (AI) is being used and being considered for use throughout the employment lifecycle, from recruiting new employees to performance management of existing employees and termination of employment. Additionally, the use of AI as part of an employee’s daily activities in the workplace adds to the complexity of managing and leading employees. This Practice Note focuses on the following two areas: • employees using AI as part of their daily activities in the workplace, and • AI used through the employment lifecycle AI in daily activities There can be a number of reactions from employees at the prospect of AI becoming an integral part of their role: • employees may be reluctant to use AI for various reasons—lack of training, concern for job security, and/or fear of the unknown • employees may become less efficient by spending time on AI tools which are more fun than productive, which are not being used correctly to maximise efficiencies • employee’s over-reliance on AI may have a...
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Letter to client about experts Private & confidential [insert name and address of client] [insert date] Dear [insert name of client] [insert case heading] As we have already discussed, we will require expert evidence to prove or to refute a number of issues in this claim. To be able to rely on such evidence requires the court’s permission which will be need to be sought during the case management conference fixed for [date]. Prior to that we are required to complete a directions questionnaire which provides the court with information in relation to different aspects of the proceedings including the need for expert evidence and the subject of the expertise required. While we are still at an early stage of the claim, we need to be able to provide specific information about the issues requiring expert evidence and, if possible, seek to agree these with the other parties, as well as an estimate of the likely costs associated with using expert evidence. The last is also important for...
1 Definitions and interpretation 1.1 In this Agreement [unless the context otherwise requires]: Business Information means all data, information, know-how and techniques (whether technical, commercial, financial or of any other type) in any form acquired under, pursuant to or in connection with this Agreement and any information used in or relating to the Business (including information relating to [the Company’s OR any Group Company’s] products (bought, manufactured, produced, distributed or sold), services (bought or supplied), operations, processes, formulae, methods, plans, strategy, product information, Know-how, design rights, trade secrets, market opportunities, customer lists, commercial relationships, marketing, sales materials and...
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In a written intellectual property licence that satisfies the English law requirements for creation of a contract and that is not in conflict with competition laws, can royalties be contractually agreed to be paid in perpetuity? It has been assumed that this Q&A refers to validly created licences and individual IP right licence requirements (ie whether must be in writing and signed etc) have not been covered. As such in conducting our research, we have focused on IP licence agreements in which royalties are payable. There are many different types of UK IP licence. Such licences are governed by IP right specific laws such as the Copyright, Designs and Patents Act 1988, the Patents Act 1977 or the Trade Marks Act 1994. Technology transfer licensing is subject to UK and EU competition laws. Licences are also governed by common law. A perpetual licence may be granted (and the payment of royalties tied to the term of the licence). However, the period of the licence cannot extend the...
Do you have any information on collaborative R&D agreements? For guidance on collaborative research and development (R&D) agreements, see Practice Note: Know-how—protection and licensing, which provides guidance on issues relating to know-how licensing and R&D agreements. It includes analysis of why know-how is licensed, the key terms of a know-how licence, intellectual property (IP) issues and considerations in R&D agreements, co-ownership of IP rights and competition law issues. For a sample R&D agreement, see Precedent: Research and development agreement (long form) to be used where a customer engages a company to carry out specific research. The customer grants a licence to the researcher to use the customer’s materials in conducting the research. In option 1, the researcher exploits the research results in exchange for paying the customer a fee. In option 2, the customer receives the research results and the opportunity to commercially exploit them. For a collaboration agreement, see Precedent: Collaboration agreement which provides for the collaboration of the parties in a programme of R&D...
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This week’s edition of PI & Clinical Negligence weekly highlights features key amendments to legal aid regulations and a Court of Appeal ruling reinforcing the need for timely progression of road traffic claims. We include decisions on highway authority liability, clinical negligence due to delayed diagnosis and data misuse by an employer causing exacerbation of psychological injuries. We also explore cases involving in costs transparency and recovery of success fees and ATE premiums. In addition, we have our usual roundup of other news, content updates and New Law Journal articles of interest.
Welcome to this week’s edition of the IP weekly highlights: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.
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