What is Intellectual Property?

Intellectual Property law (or IP law) protects creations made by businesses or individuals. Due to the nature of the work involved, intellectual property lawyers are likely to work for companies in the technology, life sciences, media and IT sectors where intellectual property is fundamental to a company’s business strategies.

Intellectual property law is a specialist area of property law that governs the ownership of creative property. The law encompasses a broad range of legal disciplines including tort, contract and competition law.

This subject is both contentious and non-contentious. Clients who bring forward IP cases seek commercial advice concerning protection of their product designs, advertising and licencing among others. They may also need litigation support if someone is stealing their intellectual property or infringing on their rights.

Why is Intellectual Property Law Important?

Intellectual property is an important asset in any company, especially if the nature of the company’s work is inventive.

The technology and life sciences sectors, for example, are innovating rapidly, and key players in these fields are focusing on investing in research and new products. Intellectual property law protects these products and is therefore fundamental to support a company’s continued growth.

Technology and the age of the internet have sparked numerous problems for establishing IP rights. Websites illegally streaming films, TV and music are everywhere, and artists are just now finding that their intellectual property rights have been infringed online.

Globalisation and cross-border disputes over intellectual property rights make this area of law even more complex, especially with the difficulties in enforcing penalties to those infringing another’s IP rights across two or more jurisdictions.

Brexit also introduces some interesting questions concerning trademark law. Where UK businesses have opted for the EU trademark (as this is much broader in scope), they may now need to reapply for the UK trademark, which is likely to cause disputes arising over trademark conflicts.

What are Intellectual Property Rights?

Intellectual property rights can be separated into rights that must be registered and rights that are automatically protected. Registered rights require applying to the relevant official body. In the UK, it’s the Intellectual Property Office.

The benefit of registering your rights over your intellectual property is that this provides a much clearer position over any dispute relating to another using your IP without your permission. Examples of intellectual property that have to be registered include inventions under patents and trademarks for companies.

Unregistered rights offer automatic protection of the property. IP eligible for automatic protection include unregistered design rights and confidential information, among others.

What do Intellectual Property Lawyers do?

Intellectual Property Lawyers work closely with businesses, guiding them through the process of acquiring, protecting and using intellectual property such as patents and copyrights.

This may involve assisting your client with selecting product names and shapes, registering a trademark, taking your client through the patenting process and advising on the most commercially viable option to bring their product to market.

For this reason, intellectual property lawyers need to have creative minds and be comfortable dealing with complex and technically demanding subjects. They may also be brought into contractual work, working on IP-based acquisitions or offering IP expertise in business transactions and licensing deals.

Litigation also plays a big part in the work intellectual property lawyers do because naturally, disputes will advise. Whether that’s objecting to new trademark applications that may damage your branding or suing those who are copying your intellectual property.

Housing Law

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The End of the Section 21 Notice

A long-trusted tool for a landlord will soon be ending. This will mean that assured and assured shorthold tenancies will disappear and all tenancies, or at least all tenancies under the Housing Act 1988, will be periodic from the start.

Tenants will be able to give two months’ notice which is a change from the current position which is a one month notice as per the current common law position.

And the key change is landlords will only be able to give notice if they have grounds for possession, be it by breaching the terms of the agreement, the landlord selling the property or the landlord wishing to move back in.

As part of the s.21 ending so will the prescribed documents that restrict the service of the notice such as the selective licenses, gas safety certificates, epc, how to rent guide, these will not have any effect on possession.

New Grounds for Possession

So with the s.21 ending what now for Landlords? Section 8 will be amended, and this will be the route for eviction for landlords, new grounds will be introduced.

The new grounds for possession that will be coming in are:
Landlords who wish to sell their property although we are still waiting for further details for what evidence will be required in order to take advantage of this.

• If tenants have been in rent arrears of at least two months three times within the last 3 years, even if they are not in arrears at the time of the court hearing.

• Landlords who wish to move back into the property themselves, which would mean Ground 1 would need some type of amendment.

The current regime will stay in place until the publication of the Bill. If you require advice and wish to instruct us, please contact our housing team on 01708 926 074.

Last Wills & Powers of Attorney

Last Wills

A will and last testament directs the disposition of your assets, such as bank balances, property, or prized possessions. It will detail who is to receive property and in what amount. It can establish guardian arrangements for surviving dependents.

If you have a business or investments, your will can specify who will receive those assets and when. A will also allows you to direct assets to a charity (or charities), or to an institution or an organization.

A person writes a will while living. Its instructions are only carried out once the individual dies. A will names an executor of the will. That person is responsible for administering the estate. A probate court usually supervises the executor to ensure that the wishes specified in the will are carried out.

A will and last testament can form the foundation of an estate plan and is the key instrument used to ensure that the estate is settled in the manner desired by the deceased.

Powers of Attorney

A Lasting Power of Attorney can help you take better control by giving you more time for yourself, and your family.

Getting older or having a serious illness where you are out of action for a time can mean you may need assistance in doing your everyday things. Loved ones can be there to help you, and they will want to help. But to avoid problems for them, by taking out a Lasting Power of Attorney you can help them to help you.

By taking out a Lasting Power of Attorney you can name trusted family members or friends to be your Attorney. Naming them as your Attorneys this gives them the right to act or speak on your behalf.

What is a Lasting Power of Attorney?

There are two separate types of Lasting Power of Attorney:
The 1st type is a Lasting Power of Attorney for money and property matters.
The 2nd type is a Lasting Power of Attorney for Health Welfare matters.

A Lasting Power of Attorney for money and property matters this Power of Attorney will authorise your attorney to do things like:

* Speak to the council tax office and utility providers on your behalf.
* Deal with your bank for you.
* Assist in claiming benefits and rebates and speaking to officials.
* Helping you with making financial decisions.

Or if you have a Lasting Power of Attorney for Health and Welfare, this Lasting Power of Attorney will authorise your attorney to do things such as:

* Speaking to your Surgery or GP on your behalf.
* Give instructions to Social Services.
* Asking questions about your medical treatment.
* Getting help and support from the health services.

Making a Lasting Power of Attorney is not just for people who are old or ill. Having a lasting power of attorney is there as a precaution. Like insurance: where you will only call on it when needed. For most people their Lasting Power of Attorney document is stored away, only there to help when or if needed. Or it can be used right from the start. Your Choice.
Let us sort out your Lasting Power of Attorney today.