NIPC News

Jane Lambert speaking in London Jane Lambert I have been invited to speak at a half-day workshop on sustainable packaging and waste  which will take place at  Ty Menai, Parc Menai, near Bangor on Tuesday, 29 Jan 2019 between 09:00 and 13:00.  The event is organized by  Cywain  and Beacon Biorefining Centre of Excellence .  More information about the event, including a flyer,  can be obtained from Beacon's website  and places may be reserved using Cywain's online booking form . The keynote speaker will be Dr Rob Elias, Director of the Biocomposites Centre of Bangor University, He will be followed by speakers from WRAP Wales, Business Wales, the Pontio Centre's FabLab  and me.  I will be talking about intellectual property in relation to sustainable management and waste. Food packaging and waste disposal are increasingly important technologies but they concern other intellectual assets  such a...

Jane Lambert I have been invited to speak ar MBL's IP for Commercial Lawyers - 2018 Conference  which will take place in London between 09:30 and 17:15 on 27 Nov 2018.  The conference will cover a wide range of topics from basic concepts to the effect of Brexit on IP rights.  My topic is " Patents - What happens after Brexit£  which will address the thorny question of whether there is any chance that the Unified Patent Court will ever open its doors. As brands , designs  and  plant varieties  can be protected throughout the European Union by EU trade marks , registered  and unregistered Community designs  and Community plant variety rights  and as much of our national trade mark, registered design, copyright, trade secrecy and patent law has been harmonized by EU directives, our withdrawal from the EU will have far-reaching consequences for British businesses which I have charted in my Brexit blog . Recently the go...

Author : Willh26 Licence   Creative Commons  Attribution Share Alike 4.0 International Source Wikipedia Jane Lambert A recent decision of the Court of Appeal to enforce a non-disclosure agreement ("NDA") by means of an interim injunction has led to a promise by the Prime Minister to review the law relating to such agreements (see Court stops Telegraph publishing 'sexual harassment' story   24 Oct 2018 BBC website). While NDAs,  like any legal instrument can be abused, they are a very useful business tool.   They enable inventors to discuss their inventions with potential collaborators and investors before they are ready to apply for patents.  They prevent the disclosure or use of sensitive commercial information that may have taken years to gather.  They allow business relations to continue between parties to potentially damaging disputes. Earlier this year the trade secrecy laws of the 28 member states of the Euro...

Standard YouTube Licence Jane Lambert While I have been on holiday in Beaumaris I have discovered this interesting initiative by Bangor University which opened on 1 March 2018. It is a science park on the main road between the Britannia and Menai suspension bridges and Holyhead. A strategic location between the nearest pert to Dublin and the Northern Powerhouse cities of Manchester, Leeds, Sheffield and Liverpool and not far from Anglesey Airport which offers regular flights to Cardiff. According to the park's website it offers "laboratory, office, and clean workshop space, created with input from companies of all sizes who work in the science and technology sectors with a focus on Low Carbon."  It appears that several businesses have already taken up that offer. I have already subscribed M-SParc's newsletter and I shall contact it formally after I return to work on Monday to learn more about the park and its tenants.   

Kirchberg, Luxembourg Author Zulflow Licence copyright waived by the owner 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 age   16 July 2018) and the venue for the next UK Space Conference (see Wales announced as host for UK Space Conference 2019   17 July 2018). I have blogged about those developments in Commercial Exploitation of Space: Space Industry Act 2018   10 April 2018 NIPC Law, Space Industry - Licensing Spaceports   11 April 2018 NIPC Law and Newport to host UK Space Conference   19 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 r...

Curate's Egg Author  George du Maurier 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 Union   has 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 i...

Jane Lambert 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 Directive   7 July 2016 NIPC Law and its implementation in  Transposing the Trade Secrets Directive into English Law: The Trade Secrets (Enforcement etc) Regulations   6 June 2018. I also advised that Trade Secrecy Law changes Tomorrow - check your NDA, Standard Terms and other Agreements   8 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 ...

Jane Lambert I mentioned the IPAN World IP Day conference in Happy World Intellectual Property Day   earlier 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 Agreement   26 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 ...

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 innovation   26 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...

Standard YouTube 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 Day   25 March 2018. Those who want to learn more about business accelerators can find links to other articles and materials at Accelerator Resources   26 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.

Jane Lambert As I noted in The Trade Secrets Directive 7 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 t...

What can be salvaged from the upc agreement from Jane Lambert

Jane Lambert Weather permitting, I shall give a talk to Queen Mary University of London Centre for Commercial Law Studies at 67-69 Lincoln's Inn Fields entitled What if anything can be salvaged from the UPC Agreement?  in their Implications of Brexit on Intellectual Property Law which is due to take place between 18:00 and 20:00 tonight. I say "weather permitting" because I woke this morning to a thick covering of snow which I am about to attempt to clear from my drive and my neighbours are already working to clear from our lane.  I mentioned this seminar in Implications of Brexit on IP Law   19 Jan 2018 and my views on the topic in  What if anything can be salvaged from the UPC Agreement?     26 Jan 2018 NIPC Law. My choice of topic is particularly apposite today because Alan Johnson, a partner of Bristows, reported on Friday that almost all the steps had been taken to enable the British government to deposit an instrument of ratification (see...

Jane Lambert Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market is known as "the Portability Regulation." It a sensible piece of legislation that should enable subscribers to online services to continue to receive the content that they have paid for when visiting another member state.   The reason for the Regulation is that copyright is territorial. A subscriber in the UK is licensed to receive content under the Copyright Designs and Patents Act 1988 but not under the legislation of any other member state.  As it was made by the Council and European Parliament the Regulation will come into force automatically on 20 March 2018 pursuant to art 11 (2).  However, as it will affect existing legislation and it will need to be enforced.  To make provision for this Regulation the Intellectual Property Office has published a draft statuto...

Standard YouTube Licence Jane Lambert Hardly a week goes by without a request for help from an inventor, entrepreneur or other innovator in Africa, Asia or Latin America as well as my own or some other advanced country. Obtaining legal protection for a brand, design, technology or work of art or literature is difficult enough even in the UK. In a less developed country it is so much harder.  Usually, all I can do when I get such a request is to direct the enquirer to his or her national intellectual property office, a local patent or trade mark attorney or lawyer or, occasionally, an inventor's club. The reason why those enquirers seek my help is that legal protection for a product or service is a prerequisite for market success.  Without it countless ideas that could improve the human condition lie unused.  That is obviously bad for the creator or innovator whose life could have been transformed  had he or she taken the product or service to market  but ...

Jane Lambert I have been invited by the  Centre for Commercial Law Studies  of Queen Mary University of London to speak at its “Implications of Brexit on Intellectual Property Law” seminar at 67-69 Lincoln's Inn  Fields  between 18:00 and 20:00 on 12 Feb 2018. The email containing my invitation states: "The event provides a unique opportunity to address the important issues and implications in the area of Intellectual property in a post-Brexit era; and to provide a platform of controversy and conversation amongst top practitioners, academics and researchers. The speakers can choose a topic of their interest to be presented for approximately 15 minutes at the event." My topic will be the Unitary Patent and the Unified Patent Court   and the fading prospects of our participating in the project.  Although many German lawyers tell me that there is nothing in the constitutional challenge to German ratification of the Unified Patent...

Jane Lambert The State of Small Business: Putting UK entrepreneurs on the map   , which was compiled by Nesta (the National Endowment for Science Technology and the Arts)  in collaboration with The Sage Group  Plc , is a data-led guide to the state of small and medium enterprises ("SME") in the UK.  It is accompanied by a website called "The State of Small Business"   which provides detailed information about how such businesses are performing and changing in each area. The authors hope that decision-makers will take advantage of the data to understand their local business environments and thereby assist them to drive growth and productivity locally and nationally. The authors' recommendations to central government and other national policy makers are to:- Know that the productivity puzzle must be solved at a local level, Devolve capacity, not just powers,  Hold local authorities and devolved areas to account, Simplify busin...