Have you recently set up a new company with friends or family? Do you run an existing long-standing company? If the answer is yes, then you ought to consider putting in place a shareholders’ agreement.
It can be tempting, especially for new, eager businesses, to start trading immediately without using any written terms and conditions or contracts. After all, there is no legal requirement for contracts to be written down and oral contracts are just as valid as written contracts. However, if a dispute arises over an oral contract, it can be extremely difficult to produce definitive evidence of what was agreed if nothing has been written down.
In order to be registered, a trade mark must be capable of graphic representation, have a distinctive character which is capable of distinguishing the goods or services of one business from those of another, and should not fall foul of the various grounds for refusal.
Over the course of the next few blogs, we shall be exploring the different forms of intellectual property available in the UK, with each blog focussing on a different type of IP, namely: trade marks, copyright, patents and design rights. This first blog focuses on trade marks.
In my earlier blog The new Data Protection Regulation is upon us, I wrote about the start of the implementation process of the new General Data Protection Regulation (GDPR). At that stage, it was still very much early days, and since then there have been a number of developments and with the deadline for compliance now in sight, this blog outlines some of the requirements that businesses should be aware of.
Running a business invariably means that you will build up sensitive business specific information; whether that is a novel manufacturing technique, the confidential information of your clients, or even your staff wages, it is obvious that you would not want this information in the public domain.
It may not always seem obvious but everyday life is full of contracts. Whether you are buying a train ticket, a chocolate bar or simply going to work, contracts underpin all these transactions, and in order for all these transactions to be valid they must all share five key elements.
If you have recently made the step to start up a new business, you are not alone. Last year more than 650,000 new businesses and start ups were established in the UK. Here are three essential legal considerations should you have in mind before you start trading in earnest.
Business guidance has been issued by the Intellectual Property Office (IPO) relating to the Intellectual Property (Unjustified Threats) Act 2017, which was passed in April this year and is aimed at making life easier for businesses and individuals by clarifying what is and isn’t acceptable when threatening IP infringement against a third party.
The confusion surrounding competition law has been a cause for concern for some time. With this in mind, the Competition and Markets Authority (CMA) has recently produced some resources in an effort to improve understanding of competition law.
The Duke of York is encouraging people of all ages to come forward with new ideas, as part of a Palace-backed project to help start-up businesses.
Following three years of preparation and lobbying, the European Parliament has finally adopted the new European General Data Protection Regulation (GDPR) – which means big changes to data protection as we know it in the UK, regardless of the outcome of the forthcoming ‘Brexit’ referendum.
April 26 is World Intellectual Property Day, set up by the World Intellectual Property Organization (WIPO) to celebrate IP and raise awareness of its worth. What is IP and how does it relate to you and your business?
The Internet is a not a free source of material, as a home improvements company found recently to its cost. Many people assume that because images are readily available online, that they are free to use, but that is often not the case.
If you have registered a trade mark in your business, then you may be well aware of the bogus companies out there who try to imitate or pass themselves off as either being the Intellectual Property Office (IPO) or connected to it.
The term ‘partnership’ describes a relationship between parties carrying on a business in common with a view to profit. Despite the creation of limited liability partnerships over a decade ago and the availability of other corporate vehicles, the partnership model remains popular, particularly amongst small professional firms who do not wish to be burdened by the legal and administrative requirements associated with incorporation.
The government has introduced the Consumer Rights Act 2015 which aims to overhaul and consolidate the previously confusing and fragmented consumer rights legislation in the UK. The Act will come into force on 1st October 2015 replacing eight existing laws, including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. This blog provides a brief overview on some of the key changes that the Act will make to consumer law in the UK.
The Small Business, Enterprise and Employment Act 2015 (Act) has received royal assent and is due to be implemented in phases with the expectation that it will be fully in force by April 2016. This Act will make significant changes to UK company law as the government seeks to ensure that the United Kingdom continues to be recognised as a trusted and fair place to do business.
When incorporating a company, it is easy to overlook the possible need for a shareholders’ agreement. However, this can be a crucial tool to the success and smooth operation of a company.