Subscribe: NIPC Law
http://nipclaw.blogspot.com/atom.xml
Preview: NIPC Law

NIPC Law



High Quality IP Advice and Representation for those who need it most but can often afford it least.



Updated: 2016-09-28T10:21:23.471+01:00

 



Tripping: TripAdvisor v Handsam

2016-07-25T19:28:52.289+01:00

Handsam Ltd. describes itself as "a leading provider of online management systems, consultancy services and advice to both the business and education sectors." Its specialisms include health and safety management, policy writing and advice in all areas, security, fire, training and data protection. It has recently extended its online services to include a school trip planning system. Its systems



Injunctions against ISPs: The Cartier Appeal

2016-07-18T08:51:55.476+01:00

Cartier Watch Author Noop1958 Creative Commons Licence Source Wikipedia Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2016] EWCA Civ 658 (6 July 2016)  In  Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2015] ETMR 1, [2015] 1 All ER 949, [2014] EWHC 3354 (Ch), [2015] RPC 7, [2014] WLR(D) 464, [2015] 1 All ER (Comm)



The Trade Secrets Directive

2016-07-13T09:44:15.991+01:00

The adoption by the Council and European Parliament of Directive (EU) 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ 15.6.2016 L 157/1) ("the Trade Secrets Directive") seems to have been overlooked in the furore over Brexit. The directive lays down rules on the



What Sort of IP Framework do we need after Brexit and what are we likely to get?

2016-07-26T12:07:57.429+01:00

The UK and the remaining Member States of the EU Source Wikipedia There was a bad reason for voting to leave the European Union and a good one. The bad reason, which was probably the one for which most leavers voted, was that art 45 of the Treaty of the Functioning of the European Union stimulated competition in the labour market. The good reason, of which I was and



Sometimes a Euro-Defence does work: Samsung v Ericsson

2016-05-31T15:49:44.269+01:00

European Commission Author: Amio Cajander Source Wikipedia Creative Commons Licence A Euro-defence is an answer to a claim for the infringement of an intellectual property or other right under national law based on the primacy of European Union law. In the early days of our membership of what used to be called the European Economic Community such defences were



The IP (Unjustified Threats) Bill

2016-05-25T09:31:01.285+01:00

Minister for Intellectual Property Crown CopyrightOpen Government Licence On 19 May 2016 Lady Neville-Rolfe, the Minister for Intellectual Property, introduced the Intellectual Property (Unjustified Threats) Bill into the House of Lords. The purpose of the Bill is to reform the law relating to unjustified threats of IP infringement. The need for reform is illustrated



Up the Spout: Bapco Closures v Selpac

2016-04-30T01:33:39.709+01:00

In Bapco Closures Research Ltd and Another v Selpac Europe Ltd [2016] EWHC 550 (IPEC) (18 March 2016), His Honour Judge Hacon had to decide a very short but very interesting point of claim construction. The patent in suit was European patent (UK) No 1, 656, 306 B1 which had been granted to Bapco Closures Research Ltd ("Bapco") for an opening device for a foil closure (that is to say, a ring pull



The Institute for Capitalizing on Creativity: "Tales from the Drawing Board"

2016-04-25T04:16:34.318+01:00

St Andrews from St Rule's Tower Author Peter Gordon Source Wikipedia Creative Commons Licence The Department for Culture, Media and Sport refers collectively to the following industries as "the creative industriels": Advertising and marketing Architecture Crafts Product design, graphic design and fashion design Film, TV, video, radio and photography IT, software,



Supreme Court upholds Court of Appeal in Trunki

2016-03-10T23:51:39.375+00:00

The judgment of the Supreme Court in PMS International Group Plc v Magmatic Ltd. [2016] UKSC 12 has attracted a lot of flak over the last 24 hours much of it unjustified. According to the BBC website, Mr Robert Law, the founder of the Magmatic Ltd. which supplies Trunki suitcases, predicted chaos after the Supreme Court upheld the Court of Appeal's decision that I discussed in 



The Draft Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016

2016-03-10T05:21:48.048+00:00

Jane Lambert In Implementing the Unitary Patent in the UK 22 Feb 2016 I discussed the consultation on the implementation of the Unified Patent Court Agreement in the legal systems of the United Kingdom. The consultation document, which was entitled Technical Review and Call for Evidence on Secondary Legislation Implementing the Agreement on a Unified Patent Court and EU Regulations



Account of Profits - OOO Abbott and Another v Design & Display Ltd and Another

2016-03-08T08:55:52.506+00:00

Royal Courts of Justice Author Anthony M Source Wikipedia Creative Commons Licence When a patent is infringed the patentee has the choice of an inquiry as to damages or an account of profits under s.61 (1) of the Patents Act 1977.  A similar choice is available to any other intellectual property right owner whose right is infringed. In OOO Abbott and another v Design



UPC Mediation Rules

2016-03-01T01:30:37.437+00:00

Lisbon Bridge Photo Matt Perich Creative Commons Licence Art 35 (1) of the Unified Patent Court Agreement establishes a patent mediation and arbitration centre with seats in Ljubljana and Lisbon. Its purpose is to provide facilities for mediation and arbitration of patent disputes falling within the scope of that Agreement. The Centre is required by art 35 (3) to establish



Were we to go - what would Brexit mean for IP?

2016-02-26T17:53:26.847+00:00

Just before the Scottish referendum I wrote a couple of articles on the SNP's proposals for intellectual property in a separate Scotland (What would an independent Scottish government do about Intellectual Property? 10 Sept 2014 and More on Scotland and Intellectual Property 13 Sept 2014). Today I shall attempt a similar exercise in respect of Brexit. What would not change Were



Damages for Patent Infringement - AP Racing Ltd v Alcon Components Ltd

2016-02-23T19:49:15.803+00:00

Jane Lambert In AP Racing Ltd v Alcon Components Ltd [2013] EWPCC 3 (5 Feb 2013) A P Racing Ltd. sued Alcon Components Ltd. for patent infringement in the Patents County Court. The patent in suit was UK patent GB 2 451 690 for " disc brake caliper body and a disc brake caliper comprising such a body". His Honour Judge Birss QC (as he then was) found the patent to be invalid for



Implementing the Unitary Patent in the UK

2016-03-08T23:38:34.500+00:00

Whitehall Photo T. B. Murray Source Wikipedia Creative Commons Licence Whatever happens on 23 June 2016 HMG will have to make rules to implement the Agreement on a Unified Patent Court in the United Kingdom. The reason I say that is that the Agreement comes into force after 13 countries, including France, Germany and the UK, ratify the Agreement. Nine countries



Unitary Patent: UPC's Power to Amend

2016-02-05T11:05:05.071+00:00

Venetian Patent Act 1474 Source Wikipedia Yesterday I presented a talk on the unitary patent and the Unified Patent Court. I had a good audience which included some familiar faces as well as several new ones. At the end of the talk I took questions and one of them was on the Court's power to amend.  I was able to answer the question from memory but I could not give chapter



Lookalikes: Gama Healthcare Ltd v PAL International Ltd

2016-02-10T08:39:36.709+00:00

In  Gama Healthcare Ltd v PAL International Ltd [2016] EWHC 75 (IPEC) (20 Jan 2016) the claimant, Gama Healthcare Ltd ("Gama") sued PAL International Ltd. ("PAL") for passing off. Gama complained that the get-up of Pal's Medipal disinfectant and detergent wet wipes was so similar to the packaging of its Clinell wipes that it was likely to lead members of the trade to believe



Caspian Pizza Ltd and Others v Shah and Another

2016-01-25T13:05:21.788+00:00

The sign that appears above is registered as a trade mark for Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps; canned foodstuffs; pizza toppings; preparations for making pizza toppings; dried preparations for use



Preparing for the Unified Patent Court

2016-02-05T11:10:42.524+00:00

Site of the London Section and UK Division of the Unified Patent Court Aldgate Tower | Location Flythrough from J2 Agency on Vimeo. On 28 Jan 2016 I shall give a talk to the CIPA Merseyside Meeting entitled Preparing for the UPC. I will give another presentation in my chambers on 4 Feb 2016 entitled Unitary Patent and Unified Patent Court. The reason I shall give those talks is that the



The Importance of Keeping Promises: Warner-Lambert Company LLC v Sandoz GmbH and Others

2015-12-09T15:12:59.180+00:00

Rolls Building In Swiss Style Claims: Warner-Lambert Companv Actavis 25 Jan 2015 I explained that Warner-Lambert LLC had a patent for a drug called pregabalin for treating epilepsy and GAD (generalized anxiety disorder). That patent expired in 2013 although the monopoly was extended for a short time by a supplementary protection certificate which has now lapsed. Warner-Lambert



Defending your Domain Name in the UDRP

2015-11-28T16:43:08.232+00:00

Partial View of the Internet Author The Opte Project Source Wikipedia Creative Commons Licence Whenever you apply to register, or to renew the registration of, a generic top level domain name such as one ending in ".com", ".org" or ".biz" you represent and warrant to the registrar that: (a) the statements that you make in your agreement with the registrar are



Patents - Infringement and Revocation: Glass and others v Freysinnet Ltd.

2015-11-28T12:14:33.930+00:00

In Glass and Others v  Freyssinet Ltd [2015] EWHC 2972 (IPEC) the inventors of a treatment process for concrete sued Freysinnet Ltd. ("Freysinnet") for infringement of their patent in the Intellectual Property Enterprise Court. Freysinnet counterclaimed for revocation of the patent on grounds of anticipation and obviousness. The action and counterclaim came on before His Honour Judge Hacon.



Parallel Imports - Flynn Pharma Ltd v Drugsrus Ltd

2015-11-25T12:47:37.385+00:00

One of the fundamental principles of the European Union is that it "shall comprise a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect, and the adoption of a common customs tariff in their relations with third countries" (art



"No Woman No Cry" BSI and another v Blue Mountain Music Appeal

2015-11-24T09:51:47.650+00:00

Bob Marley Author Eddie Marlin Source Wikipedia Creative Commons Licence Between 1973 and 1976 Bob Marley wrote the words and composed the music for 13 songs of which the most famous was No Woman No Cry. At that time Marley was under contract to a New York company called Cayman Music Inc. ("CMI") which should have acquired the copyrights in those songs and the



How to complete a Complaint form for the UDRP

2015-11-28T12:16:14.035+00:00

Partial View of the Internet Author The Opte Project Source Wikipedia Creative Commons Licence I have been a member of the World Intellectual Property Organization's domain name dispute resolution panel since 2003 and I have seen a fair number of complaints in domain name disputes in that time. I have also settled a few of my own as counsel to trade mark