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Preview: NIPC Law


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

Updated: 2018-04-26T09:25:48.350+01:00


Happy World Intellectual Property Day


Jane Lambert Today is World Intellectual Property Day. It commemorates the day on which the day in 1970 on which the Convention Establishing the World Intellectual Property Organization ("WIPO") came into force. Since the day has been marked by events around the world to promote awareness of intellectual property. Most of those events follow a common theme.  This year's theme is 

FRAND - Conversant Wireless Licensing v Huawei and Another


Huawei's Head Office Author: Dr Bernd GrossLicence Copyright waived by the owner Jane Lambert Patents Court (Mr Justice Henry Carr) Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others  [2018] EWHC 808 (Pat) Although the precise relief sought in these proceedings is not mentioned in this judgment, it must have been a strike out or stay of a claim

Data Protection: The "Right to be Forgotten" Updated


Jane Lambert The phrase, "the right to be forgotten", was coined by the Audiencia Nacional (the Spanish high court) in its questions to the Court of Justice of the European Union ("CJEU") pursuant to art 267 of the Treaty on the Functioning of the European Union in Case C‑131/12 Mario Costeja Gonzalez v Google Spain SL and another  [2014] 2 All ER (Comm) 301, [2014] All ER (EC) 717, [

The Business and Property Courts Practice Direction - IP Litigation outside London


Manchester Civil Justice Centre Author Skip88 Licence Copyright waived by the author Source Wikipedia Jane Lambert According to TaylorWessing's Patent Map, England and Wales remains the most expensive country in Europe in which to contest a patent action. The European Patent Office reports that the UK lay 9th in the number of European patent applications that were

Space Industry - Licensing Spaceports


Skylon Spaceplane Author WD Graham (GW Simulations)Licence Reproduction licensed by the authorSource Wikipedia  Jane Lambert In Commercial Exploitation of Space: Space Industry Act 2018 10 April 2018 I mentioned the government's aim to expand the British share of the global space market from the present 6.5% to 10% by 2030. Much of that growth will come from the development of

Commercial Exploitation of Space: Space Industry Act 2018


Author Mike GimelbelbLicence Copyright waived by authorSource Wikipedia Jane Lambert For many years space was a government activity largely because most of the early uses of the technology were military and the vehicles that launched transported people and objects into space were developed from missiles. Gradually, civilian uses were found for the technology such as

Branding - Student Union Lettings Limited v Essex Student Lets Limited


University of Leicester Author NotFromUtrecht Licence Creative Commons Attribution-Share Alike 3.0 unported Source Wikipedia Jane Lambert Intellectual Property Enterprise Court (Miss Recorder Michaels) Student Union Lettings Limited v Essex Student Lets Limited [2018] EWHC 419 (IPEC) (7 March 2018)  This was an action for trade mark infringement and passing off. The Mark

Brexit Briefing - March 2018


Standard YouTube Licence Jane Lambert March's Brexit Briefing which I published today in NIPC Brexit discussed the draft withdrawal agreement contemplated by art 50 (2) and the guidelines for negptiations on the future relationship between the UK and EU provided by the European Council and the European Parliament. While welcoming the progress that has been made to date I warn that nothing is

What is Traditional Knowledge and how far is it protected in the UK?


Standard YouTube Licence Jane Lambert On Easter day the Intellectual Property Office tweeted The modern #Easter egg owes its development to Van Houten’s invention of a press for separating cocoa butter from the cocoa bean in 1828. — IPO.GOV.UK (@The_IPO) April 1, 2018 Chocolate came from the New World and its properties were discovered by the indigenous peoples

Domain Name Dispute Resolution Resources


ICANN Head Office in Los Angeles Photo Coolcaesar Creative Commons Attribution-Share Alike 3.0 Unported LicenceSource Wikipedia Jane Lambert A domain name is a mnemonic for an internet address, that is to say a long string of numbers that identifies a website, mailbox or other resource. Since they are used to identify businesses, government departments, international agencies,

One Year to Brexit - Are Rumours of the Death of the Unified Patent Court Agreement Greatly Exaggerated?


Mark Twain 1835-1910 Source Wikipedia Jane Lambert "James Ross Clemens, a cousin of mine, was seriously ill two or three weeks ago in London, but is well now. The report of my illness grew out of his illness; the report of my death was an exaggeration." (Mark Twain) The last time I wrote about the Unified Patent Court and unitary patent I was pessimistic on whether the

Patents - EPO Annual Report 2017: Some Encouragement for the UK but the Big Story is the Rise of China


Standard YouTube Licence Jane Lambert As I noted yesterday in Comptroller visits the EPO 27 March 2018 NIPC News, British companies and inventors applied for 5 313 European patents last year according to the European Patent Office's Annual Report 2017 which was a 2.4% increase over the 5,188 of the previous year and the 4th straight year of increase.  This is with with an increase in PCT

Accelerator Resources


Standard YouTube Licence Jane Lambert Accelerators are a way of helping new businesses to establish themselves.  They are short programmes that last between 4 and 12 months in which groups of entrepreneurs known as "cohorts" refine their business plans and are given the skills, knowledge and connections they need to succeed.  NESTA (the National Endowment for Science, Technology and the

Data Protection - GDPR Resources


Jane Lambert These are the slides for a talk that I gave last week on the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council  of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) ("the GDPR"). Why the

Patents and Designs: Cantel Medical (UK) Ltd v ARC Medical Design Ltd.


The Rolls Building Author Basher Eyre  Licence Creative Commons Attribution-Share Alike 2.0 Generic Source Wikimedia Commons Jane Lambert Patents Court (HH Judge Hacon): Cantel Medical (UK) Ltd and another v ARC Medical Design Ltd [2018] EWHC 345 (Pat) This was a claim by Cantel Medical (UK) Ltd and Cantel (UK) Limited for the revocation or declarations of

Brexit Briefing - February 2018


Author Mikelo  Licence Creative Commons Attribution Share Alike 2.0 GenericSource: Wikimedia Commons This month's Brexit briefing focuses on the publication by the European Commission of a draft agreement for the withdrawal of the UK from the EU and the Euratom. Although it has not yet been presented to the British government and there has already been some grumbling from the PM and others

Inventors Club: Free Digital Skills Training and Coaching from at a Google Digital Garage and Trevor Baylis


Inventors, entrepreneurs and others setting up in business can obtain free digital training online or from a Google Digital Garage in Birmingham, Manchester and Sheffield. Yesterday I visited the Google Digital Garage in Manchester and wrote about it in  Visit to Manchester's Google Digital Garage 6 March 2018 IP North West. Yesterday was also the death of the well-known inventor, Trevor

Patents - The First Case to Apply Eli Lilly v Actavis: Mylan v Yeda


Jane Lambert Patents Court (Mr Justice Arnold): Generics (UK) Ltd (t/a Mylan) and another v Yeda Research And Development Company Ltd [2017] EWHC 2629 (Pat) (26 Oct 2017) On Wednesday, 28 Feb 2018 I gave a talk to the C5 Pharma and Patent Litigation Conference at the Radisson Blu Hotel in Amsterdam. Mine was one of three talks on the topic Infringement under the Doctrine of

ASIN Numbers and Trade Marks - Birlea Furniture v Platinum


The Rolls Building Author Basher Eyre.Licence Creative Commons Attribution Share Alike 2.0 Source Wikipedia Jane Lambert Intellectual Property Enterprise Court (Judge Melissa Clarke) Birlea Furniture Ltd v Platinum Enterprise (UK) Ltd and another [2018] EWHC 26 (IPEC) (11 Jan 2018)  Sites like Amazon offer unparalleled opportunities to both suppliers and consumers. To

Transposing the Trade Secrets Directive into English Law: Confidentiality Agreements


Chartreuse Author Jarv Licence Free Art Licence  Source Wikimedia Commons Jane Lambert Patents subsist for 20 years, copyrights for the life of the author plus 70 years but the obligation neither to disclose nor make use of business or technical information that is disclosed in confidence can last indefinitely.  The recipe for Chartreuse is a case in point.  That

What, if anything, can be salvaged from the UPC Agreement?


Jane Lambert On 12 Feb 2018 I shall address a seminar entitled the Implications of Brexit on Intellectual Property Law which will be hosted by Queen Mary University of London Centre for Commercial Law Studies at 67-69 Lincoln's Inn Fields (see Jane Lambert Implications of Brexit on Intellectual Property Law 19 Jan 2018 NIPC News). The topic that I have chosen is "What if anything can be

Obviousness - Hospira v Cubist Appeal


Skeletal Formula of Daptomycin Author Fvasconcellos Licence copyright waived by the author Wikipedia Jane Lambert Court of Appeal (Lord Justices Lewison and Kitchin) Hospira UK Ltd v Cubist Pharmaceuticals LLC [2018] EWCA Civ 12 (18 Jan 2018) Daptomycin is an antibiotic used to treat systemic and life-threatening infections caused by multiple drug

Design Rights in Wedding Dresses: Madine and Another v Phillips and Another


Jane Lambert Intellectual Property Enterprise Court (Ms Amanda Michaels)  Madine and Another v Phillips and Others [2017] EWHC 3268 (IPEC) (13 Dec 2017)  Thelma Madine makes wedding addresses.  According to Amanda Michaels, who tried an action that Mrs Madine brought against Miss Leanne Phillips and her mother Mrs Pauline Phillips, two of her former employees, for design right and

FRAND - a Postscript


Jane Lambert Patent Court (Mr Justice Birss) Unwired Planet International Ltd v Huawei Technologies Co. Ltd and Another [2017] EWHC 3083 (Pat) (30 Nov 2017)  On 5 April 2017 Mr Justice Birss delivered two judgments. One contained the judge's reasoning in full which was seen only by the parties' lawyers while the other was redacted.  I discussed the redacted version in FRAND 8 Oct

Trade Marks: Nicoventures Holdings Ltd v The London Vape Company Ltd


Jane Lambert Chancery Division  (Mr Justice Birss) Nicoventures Holdings Ltd v The London Vape Company Ltd [2017] EWHC 3393 (Ch) (21 Dec 2017)  On 26 Oct 2016, Nicoventures Holdings Limited applied to register the above trade mark for: electronic cigarettes; cartridges for electronic cigarettes; liquids for electronic cigarettes; cigarettes containing tobacco substitutes; tobacco