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Preview: NIPC Law


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

Updated: 2017-12-13T14:13:19.985+00:00


Caspian Pizza Appeal - Caspian Pizza Ltd and Others v Shah and Another


Jane Lambert Court of Appeal (Lady Justice Gloster and Lord Justices Patten and Richards) Caspian Pizza Ltd and Others v Shah and Another [2017] EWCA Civ 1874 (23 Nov 2017)  In Caspian Pizza Ltd and Others v Shah and Another [2015] EWHC 3567 (IPEC) (9 Dec 2015) Judge Hacon dismissed a claim for trade mark infringement and passing off. The trade marks relied upon were the device mark that

Scomadi v R A Engineering and Others - A Licence Agreement that went wrong


Author Ssolbergj Creative Commons Attribution-Share Alike 4.0 International Licence Source Wikipedia Jane Lambert IPEC (Mr Recorder Campbell), Scomadi Ltd and Another v RA Engineering Co. Ltd and Others [2017] EWHC 2658 (IPEC) (27 Oct 2017) On 19 Sept 2017, I chaired seminars in the studios of Northern Ballet in Leeds and at the Barnsley Business and Innovation

"Is the shape of a London taxi a valid registered trade mark?" The London Taxi Corporation v Frazer Nash Research


The New Metrocab Jane Lambert Court of Appeal (Lord Justices Kitchin and Floyd)  The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd and Another  [2017] EWCA Civ 1729 (1 Nov 2017) In The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd and Another [2016] EWHC 52 (Ch) (20 Jan 2016) Mr Justice

Jurisdiction Disputes - a Portent of Problems to come? Parainen Pearl Shipping Ltd v Kristian Gerhard Jebsen Skipsrederi AS


Author LtakLicence  Creative Commons-Attribution Share Alike 3.0 unported Jane Lambert Patents Court (Mr Justice Arnold) Parainen Pearl Shipping Ltd and Others v Kristian Gerhard Jebsen Skipsrederi AS and Others [2017] EWHC 2570 (Pat) (18 Oct 2017)  This was a dispute between a company that had been incorporated in the Marshall Islands and its Cypriot subsidiaries on



Author HydragyrumReproduced with kind permission of the copyright ownerSource Wikipedia Jane Lambert Chancery Division (Mr Justice Snowden) Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd and others [2017] EWHC 2600 (Ch) In Denmark there was once a game show called "Minute Winner" which was devised by a Mr Derek Banner. Mr Banner claimed to have assigned

Copyright in Photographs - Pablo Star Media Ltd v Bowen


Author JaggeryLicence: Creative Commons Attribution-Share Alike 2-0Source Wikipedia Jane Lambert Pablo Star Media Ltd v Bowen [2017] EWHC 2541 (IPEC) (13 Oct 2017) The above photograph is of a pub in Tenby where Dylan Thomas left the manuscript of Under Milk Wood on a stool.  Under Milk Wood is a radio play about the residents of a fictional village called Llareggub. I am

Construction of Terms in Cross-Licensing Agreements: Koninklijke Philips N.V. v Asustek Computer Incorporation and Others


Author Milkerfish Source Wikipedia  Creative Commons CC0 1.0 Universal Public Domain Dedication Court of Appeal (Lady Justice Arden and Lord Justices Kitchin and Floyd)  Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017)  Jane Lambert In FRAND 8 Oct 2017 I discussed the terms upon which patents for inventions that are



Jane Lambert FRAND stands for "fair, reasonable and non-discriminatory". It refers to the terms upon which the owner of a patent for an invention that is essential to a standard ("standard essential patent" or "SEP") should license its use. In Unwired Planet International Ltd v Huawei Technologies Co. Ltd and another [2017] EWHC 711 (Pat) (5 April 2017), the first and so far only

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