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Preview: NIPC Law


Articles, Case Notes, Presentations and In-depth Discussion of IP and Technology Law.

Updated: 2017-09-24T09:38:16.262+01:00


Another Data Protection Act! "You're joking! Not another one!" - A Short History of Data Protection Legislation in the UK


Standard YouTube Licence Jane Lambert The reaction of Brenda from Bristol to Mrs May's announcement of a snap election earlier this year made her an internet star.  There was a similar reaction to the government's introduction of a new Data Protection Bill last week and one can understand why.  Three statutes, one Council regulation and a directive in a little over 30 years for the processing

Trade Marks and Passing off - Coreix Ltd v Coretx Holdings Plc and Others


Author BigRizLicence: Creative Commons Attribution-Share Alike 3,0 Unported Jane Lambert Intellectual Property Enterprise Court  Coreix Ltd v Coretx Holdings Plc and others [2017] EWHC 1695 (IPEC) Mr Recorder Campbell QC This was a claim for trade mark infringement and passing off and an application for the cancellation of CORETX as a UK trade mark. The

When it comes to the Crunch: CRUNCH MORTGAGES and bad faith


The IPO in Newport - where the hearing officers are to be found Crown CopyrightLicensed by the IPO Jane Lambert An exception to the rule that a trade mark registration cannot be challenged for non-use in the first 5 years after registration is where the application to register the trade mark was made in "bad faith". The legislative mechanism is provided by s.47 (1) of the

Database Rights and Copyright: Technomed v Bluecrest Health Screening


Jane Lambert High Court, Chancery Division, Technomed Ltd and Another v Bluecrest Health Screening Ltd and Another   [2017] EWHC 2142 (Ch) (24 Aug 2017)  Coram David Stone sitting as a judge of the High Court This was an action for infringement of database right and copyright in an electrocardiogram ("ECG") analysis and reporting system known as ECG Cloud. The System The

Building the Evidence Base on the Performance of the UK Patent System


Intellectual Property Office Crown CopyrightReproduced courtesy of the IPO Jane Lambert Building the Evidence Base on the Performance of the UK Patent System is a report written by the Economics, Research, and Evidence team of the Intellectual Property Office. It was published on 23 Aug 2017. The title of the report appears to refer to the first recommendation of Prof.

Pre-Action Correspondence: What to do if you get a Stroppy Letter ....... or worse


Jane Lambert On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in Pre-Action Correspondence - Not Just a Box to be ticked or a Hoop to be jumped through 2

Pre-Action Correspondence - Not Just a Box to be ticked or a Hoop to be jumped through.


Leeds Law Courts (c) 2005 Jane Lambert: all rights reserved Jane Lambert Until the Civil Procedure Rules ("CPR") came into force in 1999 solicitors specializing in intellectual property law heralded litigation with an ultimatum called a letter before action. Written in haughty if not insulting terms and accompanied by a humiliating form of undertakings, they were intended to

Copyright: Primary Infringement - Communicating a Work to the Public


Jane Lambert Copyright is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 ("the CDPA") as  "a property right" which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as "a copyright work" pursuant to s.1 (2). The

Can a business recover compensation if a state fails to protect its intellectual assets? The decision in Eli Lilly & Co. v Canada suggests "maybe".


Downing College, Cambridge Photo I Hunter Reproduction licensed by the copyright owner Source Wikipedia Jane Lambert Case No. UNCT/14/2 Eli Lilly & Co. v Government of Canada, (16 March 2017) ICSID At 10:00 on 17 Aug 2017 I shall give a talk to the IP Summer School at Cambridge entitled Bilateral Investment Treaties & Exporters' Rights Post-Brexit.  If you want to hear

The Supreme Court's Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important


The Middlesex Guildhall, Site of the Supreme Court Photo Christine SmithCreative Commons Attribution Share-Alike 4.0 International LicenceSource Wikipedia Jane Lambert Supreme Court (Lords Neuberger, Mance, Clarke, Sumption and Hodge)  Eli Lilly v Actavis UK Ltd and others [2017] UKSC 48 (12 July 2017) What the Appeal was about The pharmaceutical company Eli Lilly and Co ("

Registered Designs: The First Appeal to an Appointed Person in a Designs Case


Jane Lambert Martin Howe QC Ahmet Erol v Sumaira Javaid BL O/253/17 12 June 2017 The Registered Designs Act 1949 was passed the same year as the Patents Act 1949. S.85 (2) of the Patents Act 1949 established a Patents Appeal Tribunal ("PAT") which heard appeals from hearing officers. There was a corresponding provision under s.28 of the Registered Designs Act 1949 which

Music and Entertainment Law: Music Contracts - Editions Musicales Alpha S.A.R.L. v Universal Music Publishing Ltd and Others


Mungo Jerry live at Zürisee-Festival in Switzerland 2013, Erlenbach Author Harald Bischoff Creative Commons Attribution-Share Alike 3.0 Unported licence.Source: Wikipedia IPEC (His Honour Judge Hacon) Editions Musicales Alpha S.A.R.L. v Universal Music Publishing Ltd and Others [2017] EWHC 1058 (IPEC) (10 May 2017) This case, which came before His Honour Judge Hacon on

Cakes and Copyright


Jane Lambert According to the BBC, the US food blogger Elizabeth  LaBau has brought proceedings against the publishers of The Food Network for copyright infringement (see "US food blogger sues Food Network over snow globe cakes"  3 June 2017). Copyright infringement falls within the jurisdiction of the federal courts in the USA so I looked up recent filings in the US District Court

Resolving IP Disputes at Trade Fairs


Jane Lambert The European IPR Helpdesk, an EU-funded collaboration between Infeurope SA, Eurice GmbH and L'Institut de la Propriété Intellectuelle Luxembourg to provide free, first-line advice and information on intellectual property, has recently published two fact sheets on IP and trade fairs. The first, which is entitled Intellectual property management at trade fairs, is

Trade Marks - The KitKat Appeal: How does a Shape Mark acquire Distinctiveness?


Jane Lambert Société Des Produits Nestlé SA v Cadbury UK Ltd [2017] EWCA Civ 358 (17 May 2017) Unregistered design right subsists for no more than 15 years. A design registration for only 25. But a trade mark registration can last forever. That no doubt explains why La Société des Produits Nestlé S.A ("Nestlé") has persevered with this case despite losing to Cadbury UK Ltd ("

Protecting FinTech Innovation


An early form of FinTech Photo HBSource Wikipedia Jane Lambert A lot of money is going into FinTech (financial services technology) in this country and overseas nowadays including accelerator programmes promoted by our central bank and one of our major clearers (see the Bank of England's FinTech page and the Barclays Accelerator as well as details of the other

Intellectual Property (Unjustified Threats) Bill


Houses of Parliament Source Wikipedia Jane Lambert The action arising from groundless threats has been one of the most perplexing features of our intellectual property law both for foreign owners of IPR in this country and their legal advisors (see Prince Plc v Prince Sports Group Inc [1998] FSR 21) and even non-specialist lawyers in the United Kingdom (see Brain v Ingeledew

General Civil Restraint Orders in IPEC - Perry v Brundle


Royal Courts of Justice Photo Michael ReeveCreative Commons Licence Jane Lambert Perry v F H Brundle and Others [2017] EWHC 678 (IPEC) (30 March 2017) Para 1 of the Part 3C Practice Direction, which is made pursuant to CPR 3.11, enables the court to make a range of orders known as "civil restraint orders" against a party which has issued claims or made applications

Court of Appeal upholds Birss J in Unwired Planet v Huawei


Jane Lambert Court of Appeal Unwired Planet International Ltd v Huawei Technologies Co Ltd [2017] EWCA Civ 266 (12 April 2017) Lords Justices Gross and Floyd and Mr Justice Arnold  In Unwired Planet International Ltd v Huawei Technologies Co Ltd and Others [2015] EWHC 3366 (Pat) (23 Nov 2015), Unwired Planet sued Huawei, Samsung and Google for patent infringement. The patent in

Other Articles of Interest


CIPA's York Meeting IP Yorkshire 10 April 2018 I was one of the speakers at CIPA's York meeting at the Principal Hotel. The others were Louise Edwards of Mazars, David Bloom of Safeguard IP and Kalim Yasseen of the IPO. Tony Rollins chaired the meeting. I spoke about litigation after 28 March 2017 when the EU treaties will cease to apply and considered the litigation framework we are likely

Falling to BITs: the Eli Lilly and Philip Morris Cases


Jane Lambert In anticipation of our departure from the European Union. Her Majesty's government and businesses in the United Kingdom have been exploring the possibility of developing new markets for British goods and services overseas. Only this week, the Prime Minister visited Saudi Arabia and Jordan (see Prime Minister's visit to Saudi Arabia and Jordan: April 2017 4 April 2017 HMG's

Case Note: Jushi Group Co Ltd v OCV Intellectual Capital LLC


Strands of Glass Fibres Author NoiseDSource WikipediaCreative CommonsLicence  Jane Lambert Jushi Group Co Ltd v OCV Intellectual Capital LLC [2017] EWHC 171 (IPEC) (06 Feb 2017)  This was a claim by the Jushi Group Co. Ltd. ("Jushi") for declarations of invalidity and non-infringement and the revocation of European patent number 1 831 118 for glass

Patents: Wobben v Siemens - Blowing in the Wind


Offshore Wind Farm Photo Anke HueperSource WikipediaCreative Commons Licence Jane Lambert Wobben Properties GmbH v Siemens Public Ltd Company and Others [2017] EWCA Civ 5 (19 Jan 2017) The claimant company, Wobben Properties GmbH is the registered proprietor of European patent  EP0847496 for a method of operating a wind power station.  The invention is described as

Case Note: Bhayani v Taylor Bracewell LLP - Goodwill generated by a Partner or Employee


Jane Lambert Bhayani and Another v Taylor Bracewell LLP [2016] EWHC 3360 (IPEC) (22 Dec 2016) In Reckitt and Colman Products Ltd v Borden Inc, and Others, [1990] 1 WLR 491, [1990] RPC 341, [1990] 1 All ER 873, [1990] WLR 491, [1990] UKHL 12 discussed the elements of an action for passing off. The first of those elements was  "a goodwill or reputation attached to the goods or

Just where does Mrs May's Speech leave the Unified Patent Court?


Rt. Hon. Theresa May MP Author: Home officeSource: WikipediaCreative Commons Licence Jane Lambert In her Lancaster House speech of the 17 Jan 2017 (the transcript of which can be found on The Independent's website) the Prime Minister acknowledged that "Britain might at times have been seen as an awkward member state" However, there is one policy upon which we have always