business interests. The nature of the IP will determine how it should be registered and protected, but the most well-known methods are trademarks and copyright. Trademarks are often used to denote an identity, establish credibility and safeguard reputation – and prevent others from imitating your brand. Designs flowing from this, such as websites and products, may also be considered IP. Aside from people and IP, businesses looking to locate or set up a base in the UK also need to consider what happens in the event of a dispute. Depending on what the business does (we have worked with clients investing in property acquisition companies, manufacturing and other areas) there will need to be some consideration as to what happens when things go wrong. The normal rule is pretty straight forward if goods are sold and bought here, then the UK would be the correct place to deal with any problems. However, sometimes if there are disputes about goods in transit or where work is done abroad, there will need to be thought given as to where the problem should be litigated and what law should apply. These are just some of the many considerations when setting up in the UK, if you have any questions about anything in this article, you can contact James Oxley, partner in our corporate and commercial team.
For example, as the pandemic has demonstrated, employees can work remotely, from anywhere. This raises particular issues for those companies that have local and foreign staff. Some may be local but working abroad, some may need a visa to work in the UK or to be located here. In all these different circumstances, there are both business and legal issues which need to be grappled with. There are well established employment rights and it is best to ensure that these are stipulated in writing for UK based, local staff. Things might change where there are foreign staff working abroad especially when it comes to things like national insurance contributions and income tax. Significant issues which can arise do so out of restrictive covenants, data theft and poaching of clients – these should all be addressed in the employment contracts. Following on, the next big issue for businesses looking to invest in the UK might be what assets they are investing in. For instance, does the business have tangible property? Commercial leases are complex documents, and freehold purchases can be high value, big investments. It is always useful to have these documents reviewed and proper due diligence undertaken so that any potential pitfalls are identified at an early stage. Mistakes here could end up having knock on effects on the returns on any investments. Further, when setting up a new trading company in the UK, business owners will also want to ensure that their intellectual property (IP) is safeguarded. IP is like any other kind of property – it can be secured, stolen or sold. IP includes any tangible or intangible creation including inventions, artistic and literary works, and any symbols, names or images that distinguish goods or services and can create significant value for a business. Accordingly, businesses are advised to, and often do, spend huge sums of money on safeguarding their intellectual property and
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