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Preview: NIPC Law

NIPC Law



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



Updated: 2018-02-18T14:56:17.801+00:00

 



ASIN Numbers and Trade Marks - Birlea Furniture v Platinum

2018-02-18T14:56:17.873+00:00

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

2018-02-05T17:27:46.151+00:00

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?

2018-01-27T11:34:19.614+00:00

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

2018-01-24T14:19:29.814+00:00

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

2018-01-18T11:57:47.653+00:00

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

2018-01-16T09:51:47.033+00:00

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

2018-01-11T08:57:07.832+00:00

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



Passing off - The National Guild of Removers & Storers Ltd v Luckes and Others

2018-01-08T12:31:58.165+00:00

Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) The National Guild of Removers & Storers Ltd v Luckes and Others [2017] EWHC 3176 (IPEC) (7 Dec 2017)  Yesterday I discussed Judge Hacon's judgment in The National Guild of Removers & Storers Ltd v Central Moves Ltd and Another [2017] EWHC 3175 (IPEC) (7 Dec 2017) in Damages for Passing off - The National Guild of



Damages for Passing off - The National Guild of Removers & Storers Ltd. v Central Moves

2018-01-07T13:57:03.162+00:00

Royal Courts of Justice Author Rafa Esteve Licence Creative Commons Attribution Share Alike 4.0 International Source Wikipedia Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) The National Guild of Removers & Storers Ltd v Central Moves Ltd and Another [2017] EWHC 3175 (IPEC) (7 Dec 2017) This was an appeal by the National Guild of Removers & Storers ("



British and American IP Attaché Networks

2017-12-31T11:27:17.406+00:00

Tom Duke - UK Attaché in China Jane Lambert On 19 Sept 2017 I chaired two seminars on IP rights in China for businesses, lawyers and patent and trade mark attorneys in Yorkshire. One took place in Leeds in the studios of Northern Ballet and Phoenix Dance Theatre and the other in the Barnsley Business and Innovation Centre. Both were attended by leaders in business, education and



What constitutes Joint Copyright? Martin v Kogan

2017-12-29T10:36:34.254+00:00

Florence Foster Jenkins Author George Grantham Bain Jane Lambert HH Judge Hacon Martin  and Another v Kogan  [2017] EWHC 2927 (IPEC) (22 Nov 2017) Florence Foster Jenkins was described by Stephen Pile as "the world's worst opera singer." In 2016 a film was made about her life starring Meryl Street as the singer and Hugh Grant her husband. The film was very popular. 



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

2017-12-13T08:08:28.091+00:00

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

2017-11-21T10:26:40.623+00:00

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

2017-11-03T13:07:56.497+00:00

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

2017-10-27T13:58:34.755+01:00

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



BUMP

2017-10-21T16:56:34.464+01:00

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

2017-10-15T23:29:23.946+01:00

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

2017-10-13T18:44:02.446+01:00

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



FRAND

2017-10-08T12:39:04.706+01:00

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

2017-09-24T09:23:14.361+01:00

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

2017-09-13T07:02:49.775+01:00

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

2017-09-08T16:46:21.517+01:00

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

2017-09-02T18:47:28.656+01:00

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

2017-08-25T14:40:29.403+01:00

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

2017-08-04T15:20:49.665+01:00

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