NIPC News Update - 12 Oct 2017

Author: Jack Torcello
Licence Creative Commons Attribution 3.0 unported
Source Wikipedia
















Jane Lambert

In this Update, I discuss my article on FRAND. the article 50 negotiations with the remaining 27 EU member states. Silicon Roundabout, accessing free IP advice in Yorkshire and my presentation on copyright in photographs in Liverpool yesterday.

FRAND

Ever since the Statute of Monopolies 1623, the law has tried to balance the interests of consumers with those of inventors. The current manifestation of this balancing exercise occurs where an industry standard requires the use of patented inventions. Obviously, patentees expect and are entitled to be rewarded for their ingenuity but if consumers are to benefit fully from advantages in technology all manufacturers must be allowed to use the patented inventions. The question then arises on what terms and in particular at what rates should such inventions be licensed? The answer from courts around the world is "on terms that are fair, reasonable and non-discriminatory commonly abbreviated to "FRAND".

Ah, but what is meant by FRAND? In Europe we have three leading authorities:

  • the decision of the German federal supreme court in the Orange Book Standard;
  • a preliminary ruling of the Court of Justice of the European Union ("CJEU") in Huawei v ZTE; and
  • Mr Justice Birss's judgments in Unwired Planet v Huawei earlier this year.
In FRAND 8 Oct 2017 NIPC Law I analyse those authorities and try to discern some practical advice for businesses on how the law has developed and is likely to develop.

Brexit

Although I think Brexit was a serious mistake - though I very much hope that I am wrong. - businesses have to prepare for it.  In NIPC Brexit I try to assist them by following the art 50 negotiations and assessing the implications. The fifth round of negotiations is due to end today with commentators on both sides warning of the possibility of our leaving the EU without any agreement on our future relationship (see German Industry Federation advises its Members to prepare for a Hard Brexit 5 Oct 2017 NIPC Brexit). The sticking point seems to be dispute resolution. How can a withdrawal agreement be enforced if the UK is not prepared to accept the jurisdiction of the CJEU? The Institute of Government has given a lot of thought to that issue and made some useful suggestions which I discussed in Some Proposals for Dispute Resolution from the Institute for Government 8 Oct 2017 NIPC Brexit.

Silicon Roundabout

The area of London near the Old Street roundabout was nicknamed the "Silicon Roundabout" because of its concentration of high tech firms. In 2014 there were more digital startups there than anywhere else in the world except for the Bay Area and Greater New York. My chambers are very close to that neighbourhood and I support the businesses there in any way I can. To explain and monitor what is going on in that area I have launched a Silicon Roundabout feature page with links to some useful websites which will be supplemented with articles and other materials from me.

Accessing Specialist IP Advice for Free in Yorkshire

Although specialist IP advice and representation is not cheap, there are plenty of free and inexpensive services that are available in Yorkshire through the Business and IP Centres in Leeds, Sheffield and Hull, the Chartered Institute of Patent Attorneys and my chambers which I discuss in How to Access Specialist IP Services in Yorkshire for Free 9 Oct 2017 IP Yorkshire.

Copyright in Photos

Yesterday I gave my talk When is it OK to reuse other people's photos or other content in Liverpool the slides of which I have uploaded to Slideshare.

Further Information

Should anyone wish to discuss this article or any of those mentioned, call me on 020 7404 5252 during office hours or send me a message through my contact form.

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