Posts

Forthcoming Conference in Luxembourg on Innovation, Space Technologies, and Patents

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Jane Lambert

There has been a lot of interest in space in this country with the passage of the Space Industry Act 2018 in March and the UK Space Authority's recent announcements of the first UK vertical launch facility in the UK (see Lockheed Martin and Orbex to launch UK into new space age16 July 2018) and the venue for the next UK Space Conference (see Wales announced as host for UK Space Conference 201917 July 2018). I have blogged about those developments in Commercial Exploitation of Space: Space Industry Act 201810 April 2018 NIPC Law, Space Industry - Licensing Spaceports11 April 2018 NIPC Law and Newport to host UK Space Conference19 July 2018 NIPC Severn).

There has been similar interest in space in other parts of Europe and in particular Luxembourg which has recently enacted legislation on the exploitation and utilization of space resources.   The Luxembourg Ministry of the Economy in collaboration with the European Patent Academy has just announced a one day conference …

Like the Curate's Egg - The White Paper on the Future Relationship between the UK and EU

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Jane Lambert

The dialogue between the curate and his bishop runs as follows:

Bishop: "I'm afraid you've got a bad egg, Mr Jones";
Curate: "Oh, no, my Lord, I assure you that parts of it are excellent!" 
The white paper on The future relationship between the United Kingdom and the European Unionhas not satisfied many people on either side of the Brexit debate, but it is not all bad.   In fact, just like the curate's egg two parts of it could well be described as excellent.

One is a commitment at para 148 to:

"explore a new bilateral agreement with the EU, which would cover a coherent package of rules on jurisdiction, choice of jurisdiction, applicable law, and recognition and enforcement of judgments in civil, commercial, insolvency and family matters. This would seek to build on the principles established in the Lugano Convention and subsequent developments at EU level in civil judicial cooperation between the UK and Member States. This would also …

Checking your Confidentiality Clauses and Agreements for Compliance with the Trade Secrets Directive

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On 9 June 2018 the Trade Secrets Directive was implemented into English and Welsh, Scottish and Northern Irish law by The Trade Secrets (Enforcement etc) Regulations 2018. I discussed the directive's provisions in The Trade Secrets Directive7 July 2016 NIPC Law and its implementation in Transposing the Trade Secrets Directive into English Law: The Trade Secrets (Enforcement etc) Regulations6 June 2018. I also advised that Trade Secrecy Law changes Tomorrow - check your NDA, Standard Terms and other Agreements8 June 2018 NIPC Inventors Club. In this article I consider the checks that business owners and professional advisers should make to ensure that their contract terms comply with the new law.

References to Confidentiality Agreements in the Directive
The Trade Secrets Directive makes only two references to confidentiality agreements.   Art 4 (3) (b) lists "being in breach of a confidentiality agreement" as one of the circumstances in which the  disclosure of a trade se…

British Ratification of the UPC Agreement - Possibly the best thing to happen on World Intellectual Property Day

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Jane Lambert
I mentioned the IPAN World IP Day conference in Happy World Intellectual Property Dayearlier today.  I knew that the Minister would speak at the event but I did not know that he would announce British Ratification of the Unified Patent Court Agreement.  But that is precisely what happened (see Sam Gyimah announces ratification of the Unified Patent Court Agreement26 April 2018 IPO).
That does not mean that the Unified Patent Court will open its doors any time soon or that the UK can remain party to the agreement after Brexit.  The German Constitutional Court has still to hear and determine a constitutional complaint by the German IP lawyer, Dr Ingve Björn Stjerna, on the constitutionality of the UPC Agreement and that may take more than the 11 months in which the UK remains a member of the EU (see One Year to Brexit - Are Rumours of the Death of the Unified Patent Court Agreement Greatly Exaggerated?29 March 2018. As I said in Withdrawal Agreement - Not a Done Deal Yet26 …

Comptroller visits EPO

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Jane Lambert
In a press release published yesterday, the European Patent Office announced a visit by Tim Moss, the Comptroller-General of Patents, Designs and Trade Marks, and Sean Dennehey to the European Patent Office (see Meeting with UK Intellectual Property Office highlights role of patents in supporting innovation26 March 2018).  According to the press release, the Comptroller and Mr Dennehey met the EPO President Benoît Battistelli.
The Comptroller and President discussed recent developments in IPO, including the EPO annual report, bilateral co-operation and preparations for setting up the new unitary patent system. The EPO Vice-President updated the British delegation on such topics as search and examination, digital systems, the EPO's quality management system, and European and international co-operation.  Apparently, "a new and ambitious strategy for the UK IPO, a key element of which is to draw upon the knowledge and experience of others" was mentioned but the…

Bradford Healthcare Accelerator Programme comes to an End

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Jane Lambert

In Northern Max - a new Healthcare Accelerator in Bradford 12 Jan 2018 IP Yorkshire, I reported the launch of a 4 month accelerator programme for new healthcare businesses at the Digital Exchange in Bradford's Little Germany district.  That programme will come to an end on 29 March 2018 and, according to the participants in the programme whom I have met, it has been very successful.

On 22 March 2018 the accelerator held a demo day in which those participants presented their businesses to the public.  I attended the event and discussed what happened in NorthernMAX Demo Day25 March 2018.

Those who want to learn more about business accelerators can find links to other articles and materials at Accelerator Resources26 March 2018 NIPC Law.  They can also call me on 020 7404 5252 during office hours or send me a message through my contact form.

The Trade Secrets (Enforcement, etc.) Regulations 2018 Consultation

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Jane Lambert

As I noted in The Trade Secrets Directive7 July 2016 NIPC Law, Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure has to be transposed into national law by 9 June 2018. The Intellectual Property Office has published draft regulations that appear in Annex A of a consultation document on draft regulations concerning draft secrets.  These regulations are likely ti be called "The Trade Secrets (Enforcement, etc.) Regulations 2018."

A news story dated 19 Feb 2018 explains that the government is canvassing views on those draft regulations and has posed the following questions:

"Q1. Do you agree that regulations 2 and 3 implement effectively the definitions in the Directive?
Q2. What are your views on the rules set out in regulations 4 – 9?
Q3. Do you agree that regulation 10 provides the app…