OTHER CHAPTERS
I. THE ORGANISATION
Ch.1: Setting up an organisation
Ch.2: Unincorporated organisations
Ch.3: Incorporated organisations
Ch.4: Charitable status, charity law & regulation
Ch.5: The organisation's objects
Ch.6: The organisation's name
Ch.7: The governing document
Ch.8: Registering as a charity
Ch.9: Branches, subsidiaries & group structures
Ch.10: Changing legal form
Ch.11: Collaborative working, partnerships and mergers
II. GOVERNANCE
Ch.12: Members of the organisation
Ch.13: Members of the governing body
Ch.14: Officers, committees & sub-committees
Ch.15: Duties & powers of the governing body
Ch.16: Restrictions on payments & benefits
Ch.17: The registered office & other premises
Ch.18: Communication & paperwork
Ch.19: Meetings, resolutions & decision making
Ch.20: Assets & agency
Ch.21: Contracts & contract law
Ch.22: Risk & liability
Ch.23: Insurance
Ch.24: Financial difficulties & winding up
III. EMPLOYEES, WORKERS, VOLUNTEERS & OTHER STAFF
Ch.25: Employees & other workers
Ch.26: Rights, duties & the contract of employment
Ch.27: Model contract of employment
Ch.28: Equal opportunities in employment
Ch.29: Taking on new employees
Ch.30: Pay & pensions
Ch.31: Working time, time off & leave
Ch.32: Rights of parents & carers
Ch.33: Disciplinary matters, grievances & whistleblowing
Ch.34: Termination of employment
Ch.35: Redundancy
Ch.36: Employer-employee relations
Ch.37: Employment claims & settlement
Ch.38: Self employed & other contractors
Ch.39: Volunteers
IV. SERVICES & ACTIVITIES
Ch.40: Health & safety
Ch.41: Safeguarding children & vulnerable adults
Ch.42: Equal opportunities: goods, services & facilities
Ch.43: Data protection & use of information
Ch.45: Publications, publicity & the internet
Ch.46: Campaigning & political activities
Ch.47: Public events, entertainment & licensing
V. FUNDING & FUNDRAISING
Ch.48: Funding & fundraising: General rules
Ch.49: Fundraising activities
Ch.50: Tax-effective giving
Ch.51: Trading & social enterprise
Ch.52: Contracts & service agreements
VI. FINANCE
Ch.53: Financial procedures & security
Ch.54: Annual accounts, reports & returns
Ch.55: Auditors & independent examiners
Ch.56: Corporation tax, income tax & capital gains tax
Ch.57: Value added tax
Ch.58: Investment & reserves
Ch.59: Borrowing
VII. PROPERTY
Ch.60: Land ownership & tenure
Ch.61: Acquiring & disposing of property
Ch.62: Business leases
Ch.63: Property management & the environment
VIII. BACKGROUND TO THE LAW
Ch.64: How the law works
Ch.65: Dispute resolution & litigation
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UPDATED INFORMATION FOR CHAPTER 44:
THE RUSSELL-COOKE
VOLUNTARY SECTOR LEGAL HANDBOOK
This page contains information that has appeared on Sandy Adirondack's legal update website for voluntary organisations at www.sandy-a.co.uk/legal.htm. For current updates, including potential changes that are in the pipeline, see the legal update website.
These websites for each chapter update
the 3rd edition of The Russell-Cooke Voluntary Sector Legal Handbook by James Sinclair Taylor and the Charity Team at Russell-Cooke Solicitors, edited by Sandy Adirondack (Directory of Social Change, 2009). The websites are not intended as a comprehensive update and should not be treated as such.
To order a copy of The Russell-Cooke Voluntary Sector Legal Handbook, print out the order form at www.sandy-a.co.uk/bookserv.htm or send an email order by clicking
. It costs £60 for voluntary organisations or £90 for others, plus 10% p&p.
To avoid spamming, an email address is not given on screen. If you can't see the word 'here' or have trouble sending an email by clicking on it, the address is bookservice at sandy-a.co.uk, with the spaces and 'at' replaced by the @ symbol.
The information here covers the law applicable to England and Wales. It may not apply in Northern Ireland and/or Scotland. These news items are not a full or definitive statement of the law and are not intended as a substitute for professional legal advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be taken by the author.
Chapter 44
INTELLECTUAL PROPERTY
The items below formerly appeared on the legal update website for voluntary organisations and are archived here. The content may be out of date and links may not work. For current updates to the chapter, see the legal update website for voluntary organisations at www.sandy-a.co.uk/activities.htm.
NEW SMALL CLAIMS TRACK FOR INTELLECTUAL PROPERTY DISPUTES
Added 16/10/12. This information updates chapter 44 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
From 1 October 2012 a small claims track in the patents county court provides a quicker, easier and less expensive way to deal with low value claims relating to copyright and database rights, trade marks, patents, and registered and unregistered designs.
The claim limit is £5,000 but along with other small claims limits is due to rise to £10,000 in 2013.
Information about the patents county court small claims track is on the court website via tinyurl.com/9tbbjdp.
USE OF QUEEN'S DIAMOND JUBILEE NAMES, TITLES AND EMBLEM
Added 29/2/12. This information updates ss.44.2 & 44.4 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
A blanket approval is in place for the use of the words "Diamond Jubilee" and "Jubilee" for non-commercial
community events and buildings. Permission to use these words is not needed, provided that events take place in 2012 or building works start or finish in 2012.
Commercial use of Diamond Jubilee or Jubilee, and any use (whether commercial or non-commercial) of other phrases such as "Queen Elizabeth II Diamond Jubilee", "Queen Elizabeth Diamond Jubilee" or "The Queen’s Diamond Jubilee" need consent. Guidance on how to apply is available via tinyurl.com/6vvoeyn.
The official emblem for the diamond jubilee was chosen in a national competition for children aged between 6 and 14, and was drawn by 10-year-old Katherine Dewar from Chester. The emblem can be used for activities associated with the diamond jubilee celebrations including community and national events, publications, retail and merchandising. This includes use for commercial purposes and advertising.
Guidelines and downloads in a range of formats are available via tinyurl.com/7ngmwwu.
USE OF OLYMPICS, PARALYMPICS, TEAM GB, LONDON 2012 etc NAMES, LOGOS AND MASCOTS
Added 29/2/12. This information updates ss.44.2, 44.4 & 44.7 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
All of the official names, phrases, trade marks, logos and designs related to the 2012 games and the Olympic and Paralympic movements (collectively referred to as the games' marks) are protected under copyright, trade mark, design right and/or other law. Basically — don't risk using them, even if the use is completely non-commercial.
Games' marks include the Olympic and Paralympic symbols; the London 2012 Olympic and Paralympic emblems; the London 2012 mascots; the words "London 2012"; the words Olympic, Olympiad, Olympian and their plurals and words very similar to them such as Olympix; the words Paralympic, Paralympiad, Paralympian and their plurals and words very similar to them such as Paralympix; the Olympic motto 'Citius Altius Fortius'/'Faster Higher Stronger'; the Paralympic motto 'Spirit in Motion'; the Team GB, ParalympicsGB, British Olympic Association and British Paralympic Association logos; london2012.com and various derivatives; and London 2012 sports pictograms. And these are just some of the protected items — there are more.
Among the very few allowed uses are:
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partners, sponsors, and other organisations and businesses licensed by the International Olympic Committee (IOC) or London Organising Committee (LOCOG) to use the games' marks;
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non-commercial organisations which applied for the London 2012 Inspire mark before 1 December 2011 and are allowed to use it;
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schools registered with the Get Set Network (http://getset.london2012.com);
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school projects and classroom activities, but not if these are in any way commercial (such as a business studies project that involves creating and actually marketing/selling a product, even if only to fellow students);
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use by journalists in editorial news pieces (but not by businesses that produce newsletters, client bulletins or marketing materials — so my use of all the protected words in this article may well be unlawful, as I produce this website as part of my business rather than as a journalist);
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businesses which have traded under an Olympic name since before 1995, which can continue to trade under that name in the same manner that they have always done since prior to 1995.
The LOCOG website is clear that use of the marks in any commercial advertising or promotion or in any way that benefits an organisation commercially is not permitted, but it is less clear about non-commercial use. However it does seem fairly clear that protected symbols and logos should not be used without authorisation, and that Olympics-related words should not be used in a way that could be seen as promoting or advertising a particular organisation or activity, even if it is non-commercial, or in a way that implies association with the Olympics or Paralympics.
LOCOG acknowledges that "there may be cases where the unauthorised use of our brand is the result of pure enthusiasm for the Games without consideration of commercial benefit or understanding of our legal rights. In such cases, we will factor this into our approach." But they make clear that unauthorised use, especially by businesses or for any purpose with even a hint of commercialism, will not be allowed.
What the LOCOG website does not say is that unauthorised use of a number of other words, defined under the London Olympic Games and Paralympic Games Act 2006, could also infringe its rights if they are "likely to create in the public mind an association" between the Games and the person using the word or that person's goods, services or activities.
The words include 'games' and '2012' together, or either of those words plus any one of the following: gold, silver, bronze, London, medals, sponsors, or summer. As worded, a school advertising its 'summer games', or anyone advertising 'events in London in 2012', or 'Jane is looking for sponsors for her run in 2012' could be caught! Where there is a risk of a perceived link with the Olympics or Paralympics (such as Jane's run) or where there is any charge (as, perhaps, for the London events or the school's summer games), it should be carefully worded so there can be no risk of confusion (e.g. the school's 'annual summer games', Jane's 'sponsored run for XXX Cancer Charity').
The games' marks are protected under general intellectual property law, as well as the specific Olympic Symbol etc. (Protection) Act 1995, London Olympic Games and Paralympic Games Act 2006. and London Olympic Games and Paralympic Games (Amendment) Act 2011. These are at www.legislation.gov.uk/ukpga/1995/32/contents,
www.legislation.gov.uk/ukpga/2006/12/contents, and
www.legislation.gov.uk/ukpga/2011/22/contents.
Additional rules apply to advertising or promotional activities or public trading near event sites — see Advertising and trading near Olympic and Paralympic sites.
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