Protection

Our team advises on strategy for the management of existing IPR and the creation of new IPR, whether unregistered rights, or through the various registration systems available. We are able to look after clients’ trade marks, domain name and design portfolios and have access to specialist registration management software.

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Commercial exploitation

Our commercial lawyers advise, help negotiate and draft agreements on a full range of issues relevant to commercial organisations. Some examples include:

• Intellectual Property licensing and assignments, technology transfers and collaboration agreements
• UK and international agency and distribution agreements
• Outsourcing agreements
• Government procuring and tendering
• Joint venture agreements
• Collaboration agreements
• Franchise agreements
• Long term and framework supply agreements
• Leasing, hire and consumer credit agreements
• Terms and conditions of business for the sale and purchase of goods or services
• Consumer terms and conditions
• Maintenance and support agreements
• Advertising, marketing and public relations agreements
• Aviation supply agreements
• Tendering (including defence contracts)
• Confidentiality and non-disclosure agreements
  

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Dispute resolution

Our dispute resolution team have extensive IP litigation experience. We advise clients on all aspects of IP dispute resolution, from the letter before action stage, to bringing and defending Court action and interim applications (including injunctions, Search (Anton Piller) Orders, Disclosure (Norwich Pharmacal) Orders, and Freezing (Mareva) Orders.

When advising clients, we always have an eye on reaching the most commercially sensible solution, often employing a combination of approaches to reach the desired result.

Our lawyers also have a great deal of mediation experience, and Stuart Evans [insert hyperlink to profile] is a CEDR (Centre for Dispute Resolution) accredited mediator.

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Enforcement

We assist clients with the enforcement of their IPR. We help to develop an effective enforcement strategy in situations where clients have frequent IPR infringement issues. For example, tailored enforcement programmes may consist of any or a combination of civil enforcement (see Dispute resolution); liaising with and supporting Customs authorities (including setting up customs monitoring applications in the UK and Europe – to stop suspect goods before they reach the consignee); and liaising with and supporting Trading Standards.

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Trade marks

We advise on all aspects of trade marks, whether registered or unregistered. Our services include:

• Establishing trade mark rights through brand clearance and trade mark registration
• Trade mark portfolio management
• Commercial exploitation of brands
• Bringing or defending trade mark opposition / revocation proceedings
• Enforcement through passing off / trade mark infringement proceedings and dispute resolution

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Copyright

Copyright arises automatically in the UK (i.e. there is no registration process) and it covers a broad range of subject matter including literary, dramatic, musical and artistic works. Copyright legislation also protects sound recordings, film broadcasts and typographical arrangements (known as ‘entrepreneurial works’).

We advise on all aspects of copyright protection and infringement issues. We help clients on copyright ownership issue, exploitation through commercial agreements, and also bringing or defending copyright infringement proceedings.
Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.

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Designs

The law relating to Designs is a complex area which requires specialist advice. As a result of recent European design legislation, there are now 4 types of ‘designs’ which are protected in the UK, namely: the UK unregistered design right; European unregistered design right; UK registered designs and European registered designs. Also, there are situations where a ‘design’ may also attract protection under the law of copyright.

Our services relating to Designs include:

• Establishing design rights
• Registered design portfolio management
• Commercial exploitation of designs
• Bringing or defending registered design invalidation proceedings
• Enforcement through design infringement proceedings and dispute resolution

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Patents

We advise on aspects of law relating to patents. Our advice includes patent registration and exploitation; preserving novelty through the use of non disclosure agreements; bringing or defending patent opposition proceedings; the protection and enforcement through patent infringement proceedings and dispute resolution.

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.

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Domain names

We have extensive experience in the field of domain names.

Steve Palmer is a contributing author to the Legal practitioners’ reference book ‘Domain Name Law & Practice: An International Handbook’. For other areas of intellectual property click on our services.

We advise on all aspects relating to domain names, including:

• Domain name registration
• Portfolio management
• Domain name acquisition (through covert and overt methods)
• Domain name recovery - through legal proceedings
• Dispute resolution procedures, including
  - Nominet’s Dispute Resolution Service (DRS) – for .co.uk domain names
  - ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) – for generic Top Level Domain names (gTLDs) such as .com / .net / .org etc
  - Other County Code Top Level Domain procedures (ccTLDs)
• Registration strategy for the forthcoming ‘.eu’ domain name, particularly in the phased ‘sunrise period’.

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.

Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Website content infringement

IPR owners are frequently faced with situations where their rights are being infringed on third party web sites (whether by duplication of copyright material, or by infringement of other intellectual property rights such as trade marks). As a first step, brand owners may want to issue ‘notice’ letters to ISPs (Internet Service Providers) to put them on ‘actual notice’ in accordance with regulations under the E-Commerce Directive.

We will provide simple straight forward advice on this complex area. The strategy adopted can depend on a number of factors including - the rights concerned, the jurisdiction of the internet service provider and web content owner.

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Technology and e-commerce

Our advice encompasses all aspects of the dynamic world of technology, e-commerce, new media and telecoms. We can advise on, negotiate and prepare agreements in respect of the following:

• IT Outsourcing
• Technology distribution, OEM and value added reseller Agreements
• Commissioned Software and Turnkey Agreements
• Technology Licensing
• Software Marketing Agreements
• Maintenance and Support Agreements
• Facilities Management Agreements
• Escrow agreements
• Domain Name Registration and Disputes
• Web Site Terms and Conditions and Disclaimers
• Privacy and Usage Policies
• Electronic Signatures
• Data Protection
• Distance Selling

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Data protection

The processing, use, storage and transfer of personal data is a highly regulated area. The increasing regulatory burden on businesses means that it is all too easy to fall foul of the law. Infringement can result in criminal liability.

We advise on all aspects of data protection, including notification procedures, the collection, retention and disposal of personal data, data subject access, and the cross border transfer of personal data to and from the UK, the EU and other jurisdictions. We carry out data protection audits, assist with the data protection policies, procedures and compliance programmes.

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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EU and UK competition law

Competition law is a major and growing area of concern for many businesses, and has seen significant new legislation and regulation. The law is complex.

The regime, both in Europe and in the UK, has toughened. This has culminated in high profile investigations and the imposition of significant fines (and sometimes even criminal liability) for those who seek to obtain an unfair advantage through entering into agreements or practices which prevent, restrict or distort trade, or through the abuse of a dominant market position.

And it does not only effect large, household names - many niche and smaller businesses can unwittingly find themselves drawn into the competition arena where their product or service offering enjoys a significant market share, or due to agreements or arrangements entered into with customers or suppliers.

We can assist businesses by advising on compliance issues and programmes, by advising on the competition aspects and impact of business practices, agreements and transactions, by acting in connection with regulatory investigations into alleged cartels, price fixing or other anticompetitive practices, and by seeking appropriate clearances.

In addition, we can advise on competition and regulatory aspects of mergers, acquisitions and joint ventures, including the impact of the Enterprise Act.

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Confidentiality and non-disclosure

Frequently, the most effective form of protecting business know-how and secrets (are frequently of great value to businesses) is to ensure appropriate documentation and procedures are put in place to ensure the information remains confidential and cannot be disclosed.

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Advertising Standards

Complaints to the Advertising Standards Authorities (the ASA) can be brought generally on the basis that an advertisement is not legal, decent, honest or truthful. The ASA covers non broadcast advertisements in traditional media (such as brochures and magazines) and also in new media (such as text messages or internet banner ads). On 1 November 2004 the ASA became the ‘one stop shop’ for advertising standards, and in addition to non broadcast media, the ASA assumed powers for broadcast media such as TV and radio.

ASA complaints can be filed by businesses as well as by individuals. As a result of the adverse publicity an advertiser can receive if an ASA complaint is successful, an ASA complaint often proves to be a powerful tool as between competitors.

We can prepare and file complaints to the ASA, and also defend them,

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Registration & portfolio management

Our team advises on strategy for the management of existing IPR and the creation of new IPR, whether unregistered rights, or through the various registration systems available. We are able to look after clients’ trade marks, domain name and design portfolios and have access to specialist registration management software.

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team.
Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Sports law

Sport is no longer free to operate in a vacuum, free from legal and commercial considerations. All modern sports are founded on rules and principles that, fuelled by the burgeoning economic significance of sport, are inevitably exposed to and supported by legal intervention.

We at Rawlison Butler are committed to ensuring that all of our clients, including those that operate in sporting spheres, are conscious of, rather than hindered by, their legal rights and obligations.

For an insight into sports law issues that may warrant your consideration and our assistance from our Sports law department please review Our Sports Law Services.

Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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Defamation, malicious falsehood and privacy

Defamation is the publication of a statement about a person that tends to lower his reputation in the minds of right thinking members of society, or to compel them to shun or avoid him. Publication can be either oral (slander) or more usually in written form (libel). The related tort of malicious falsehood is the making of a malicious statement that causes damage to another. Claims in defamation are technical, and require both careful proof and compliance with court protocols.

Contact our team on ip@rawlisonbutler.com or telephone us on 01293 527744 and ask for a member of the IP team. Rawlison Butler is an Associate member of INTA (the International Trademark Association).

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