NIPC News

Jane Lambert

Last week I answered the following question from Will Roebuck, one of my readers: "What do start-up entrepreneurs need to look for in a good IP lawyer?" I replied:

"Probably the most useful professional adviser will be one who can help you to use IP to meet your business objectives. That is known as "IP strategy" which the American lawyer Jackie Hutter described as the combination of business acumen with IP knowledge to provide business focused advice (see Hutter What is an IP Strategist? IP Asset Maximizer Blog)."

My article elicited a number of comments including this one from Julian Potter of WP Thomson:

"hi Jane, I am interested in the idea that IP strategists are a new type of adviser. It is certainly the case that in recent years one has seen a number of individuals and organisations refers to themselves as IP strategists, that seemingly being their only skill in some instances. However, identifying IP and formulating it within a cl…

Jane Lambert

In response to my article on patent revocation, Will Roebuck wrote:

"Thanks for posting Jane - given that we want to attract more (and probably much younger) business entrepreneurs into UK, post Brexit (particularly in the Northern Powerhouse region) what's your recommended advice for choosing the best patent/IP legal expert? What do start-up entrepreneurs need to look for in a good IP lawyer?"

Here is my reply.  Will, this is for you.

The first thing to say is that intellectual property is far too important to be left to IP lawyers and patent and trade mark attorneys. IP should be on the curriculum of every business school in the country. Every entrepreneur, investor, business owner and manager should know how the law protects his or her brands, designs,technology and creative output and how to leverage such protection for the benefit of his or her business.

If you do not already have such knowledge and experience, there are a number of crash courses like t…

Jane Lambert

The IPO has published details of the China IP Roadshow 2017 when our IP attaché, Tom Duke, will tour Scotland and the North of England between 18 and 20 Sept. My chambers are assisting with the Yorkshire leg of his tour and I can tell you that there have been a lot of enquiries and we are already into double figures with the bookings. If you want to attend the Leeds event call my clerk Steve on 020 7404 5252 or send him an email without delay.

Most British businesses do very well in China but things can go wrong sometimes. When they do, they can have repercussions here. That is where I come in.  Here are some of the problems that occasionally arise:
The British trade mark of a company that applies to register that mark in China is opposed, invalidated or revoked;A company that imports goods from China for distribution in the UK finds that its supplier has no or insufficient legal protection for those goods here;A British distributor that imports goods made to its order in C…

Jane Lambert
Some homework for those who are coming to hear our IP attaché, Tom Duke, speak about Succeeding in China - How to mitigate IP risk in Barnsley, Edinburgh, Glasgow, Leeds, Liverpool, London or Manchester this September.

The Intellectual Property Office has produced a very helpful guide entitled Intellectual property rights in China.  A quick read of this guide before he speaks will enable you to make the most of Mr Duke's talk, especially if you are new to the subject.

Although our law differs from China's in detail the basic concepts are the same because China is a member of many of the same international agreements to which we belong. Thus patents protect new inventions. trade marks brands, copyrights literary and artistic works and so on. But there are some rights in Chima that do not exist in our law such as utility models and vice versa. Also, they can enforce IP rights through administrative measures as well as by civil litigation.

For many years technology t…

Doing Business After Brexit A Practical Guide to the Legal ChangesBy:Helen Tse

Jane Lambert

Yesterday the Rt Hon David Davis MP introduced the European Union (Withdrawal) Bill into the House of Commons and his Department announced a flurry of position papers and guidance on the Bill. On the same day, The Commission's Taskforce on Art 50 Negotiations published an even bigger pile of position papers ranging from atomic energy to parallel imports. There could not be a better time for the publication of Doing Business After Brexit, a practical but comprehensive guide to the legal changes edited by Helen Tse.

The book consists of 13 chapters covering every area of law covering everything from Commercial Contracts to Tax. I have contributed the chapter on Intellectual Property and Data Protection.  I have written it in the way that I write this blog, with the business owner or manager very much in mind. On 29 March 2019, a massive corpus of legislation and case law will cease to be part …