Showing posts from May, 2013

UK: Intellectual Property Bill

The United Kingdom Intellectual Property Bill was introduced in the House of Lords on 10 May 2013 and received its first parliamentary discussion on 22 May 2013 at Second Reading. The Bill was referred to a Grand Committee for further examination, which is scheduled to begin on 11 June 2013, following the recess.
The Bill addresses a disparate collection of intellectual property issues, mainly concerning itself with designs and patents. Apart from laying the foundations for the Unified Patent Court, pursuant to the agreement among EU Member States reached on 19 February 2013, the Bill’s most eye-catching provision is the creation of a criminal offence of deliberate infringement of a UK or Community registered design, to be enforceable by Trading Standards.
The offence is committed where someone copies a registered design in the course of a business so as to make a product exactly or substantially to the design, knowing or having reason to believe that the design is a registered design. …

Supporting Yorkshire Business

Jane Lambert

Since 2004 I have supported Yorkshire businesses and their professional advisers by offering specialist advice on intellectual property and technology law and representation before the Patents and Patents County Courts, Chancery Division and Intellectual Property Office tribunals as the only full time specialist intellectual barrister outside London. I have provided those services from Huddersfield Media Centre. Although my practice is now managed by Stephen Broom and George Scanlan I am still there. You can still get through to me on 01484 590090 or 0113 320 3232 or by filling in my contact form.

The big difference is that I am no longer on my own. I can now call upon support from my excellent colleagues in our IP and Technology Law Group as well as those from other departments such as Atlas Tax Chambers whose members include Anne Fairpo, an authority on IP and tax.

One of the reasons I joined 4-5, Gray's Inn Square was to provide a better service to my Northern c…

Maybe we need to think again about the Chancery District Registries and County Courts

Jane Lambert

In "Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd" 4 May 2013 NIPC Law, I blogged about Judge Birss QC's decision in Henderson v All Around the World Recordings Ltd and Another [2013] EWPCC 19 (27 March 2013) where an impecunious singer song writer who had successfully brought proceedings in the Patents County Court for infringement of her performer's rights against a major record label was allowed  £52,484.25 in costs. Had she brought her claim in the Chancery Division she might well have been awarded £232,676.20.

One of the reasons why Judge Birss QC would not allow her more was that
"a litigant who wishes to recover a reasonable proportion of the totality of his of her legal costs has a clear option available, to litigate in the High Court. In that system none of the problems now faced by the claimant would arise. I do not agree that the case would simply have been transferred to the PC…