Overview: Changes under the 2006 Act of relevance to IP&IT

In practice, the 2006 Act will have limited implications for IP&IT. However, the following Parts of the 2006 Act do make some changes to the law which are of relevance to IP&IT practitioners:
·                     Execution of documents (Part 4, 2006 Act). Part 4 of the 2006 Act largely re-enacts those provisions of the 1985 Act which relate to execution of documents, but with some amendments. These are of interest to IP&IT practitioners insofar as they may be of relevance to executing agreements in IP&IT transactions.
·                     Company names (Part 5, 2006 Act). Part 5 of the 2006 Act makes a number of changes to the law regarding company names, the most significant of which is the creation of a new right for any person (not just a company) to object to a company names adjudicator if a company's name is the same as a name associated with the objector in which he has goodwill, or is sufficiently similar to such a name that it would be likely to mislead.
·                     Company secretaries (Part 12, 2006 Act). Section 270 of the 2006 Act removes the requirement that a private company has a company secretary, a change which is of some relevance insofar as it may have some limited impact on execution of documents by companies.
·                     Company charges (Part 25, 2006 Act). Part 25 of the 2006 Act makes a number of changes to the law relating to registration of charges created by companies, including a provision allowing the Secretary of State to order that a charge properly registered at one registry (the UK Intellectual Property Office (IPO), for example) does not require a second registration at Companies House.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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