The High Court has ruled that retrospective changes to the LGPS exit credits regime were lawful – and gave some helpful guidance around the new discretion to pay an exit credit.
1. Be proactive - New organisations, in both the private and third sector, spring up all the time. Existing organisations re-brand or change their name on a regular basis. Search the internet to see who is using a similar name, slogan or logo as you. Check the Companies House website and the Intellectual Property Office website, as well as using general search engines.
2. Don’t rely on Regulator approval - It is a common misconception that having your charity’s name registered with the Charity Commission or Companies House will afford you adequate protection from others using the same or similar name. However, the rules that these two regulators apply when accepting a charity’s name are not the same as the rules relating to intellectual property.
3. Register your rights - Many smaller charities choose not to incur the expense of registering their intellectual property rights. However, it is much easier to enforce your rights if you have a registered trade mark, design or patent (as appropriate). Many trade mark and patent attorneys offer special rates for charities or bulk discounts. Don’t forget that as long you meet the necessary criteria you can register:
- Words, logos, colours and even colours as trademarks;
- New inventions as patents; and
- The shape and packaging of products as registered designs.
4. Mark your products and marketing materials clearly - Not all intellectual property rights are capable of registration. Copyright is one such example. To assert your copyright, ensure that you mark your written materials with your charity’s name, the date and a copyright statement and symbol. Keep a written record of the creation process in order to show that your materials are your own original work.
5. Seek professional advice - If you suspect that a third party is infringing your intellectual property rights, seek professional advice before contacting them. Do not be tempted to send out correspondence to the alleged infringer without taking legal advice because you could face a counterclaim or a claim for unlawful threats.
For more information
The Government has brought forward draft laws to allow independent schools to close the Teacher’s Pension Scheme to new joiners but to allow existing members to continue.
The Government has started consultation on the regulations providing the detailed framework for collective money purchase pension schemes.
In June we took on the challenge to become a Sepsis Savvy organisation - I'm really pleased to announce we've done it!
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
Doug Mullen and Michelle Knight discuss the recent judicial review of regulations changing the regime governing exit credits in the local government pension scheme.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.