Latest Developments in Intellectual Property Law

Gray's Inn Square

Jane Lambert

On 18 Sept 2023, I shall be one of the speakers at IP Update, a seminar on some of the latest developments in intellectual property law which will take place between 14:00 and 17:00 in my chambers at 4-5 Gray's Inn  Square. The other speakers will be James Bridgeman SC, who will also chair the seminar, Mark Engelman, Christian Panayi and Elizabeth Nicholls.  For intellectual property specialists in the Midlands, we shall repeat the seminar on 25 Sept between 14:00 and 17:00 in our Birmingham premises at 2 Snow Hill.  Should those talks go well, we shall repeat them in Manchester and the other cities with Business and Property Courts.

Attendees will be invited to arrive between 13:30 and 14:00 for registration and networking over tea or coffee.  They can reserve their places by calling our senior clerk, Emily Martin, on 020 7404 5252 or registering on Eventbrite.  Tickets are free but as space is limited we ask attendees to book in advance.

I shall start the seminar with a quick introduction and overview of the leading issues and leading cases on copyright, design rights, geographical indications, passing off, patents, plant varieties, registered designs,  rights in performances, trade marks and trade secrecy.   Elizabeth Nicholls will follow up with a discussion on mediation and other methods of alternative dispute resolution in intellectual property cases.

Mark Engelman represented CPM United Kingdom Ltd. in Case C-252/07 Intel Corporation Inc v CPM United Kingdom Ltd. ECLI:EU: C:2008:655, [2009] Bus LR 1079, [2008] EUECJ C-252/07, [2008] ECR I-8823, EU: C:2008:655, [2008] EUECJ C-252/7, [2009] RPC 15, [2009] ETMR 13.  He will remind us of that case and update us on developments in the law since that decision.

I will continue with the latest developments in patent law covering obviousness, second medical use, dosage, plausibility, Arrow declarations, Formstein defences, FRAND and the Unified Patent Court and unitary patent.   If we get a judgment in the DABUS case I will mention that too,

Christian Panayi will cover the latest cases in case mark law and passing off such as Lidl Great Britain Limited and v Tesco Stores Ltd and another [2023] EWHC 873 and Yours Naturally Naturally Yours Ltd v Kate McIver Skin Ltd and another [2023] EWHC 890 (IPEC).

The seminar will end with a panel discussion on international IP dispute resolution led by James Bridgeman SC.  The Brussels Recast ceased to apply to the UK at the end of the transition period and the European Commission has advised EU member states to vote against our membership of Lugano.  Although we ratified the Unified Patent Court Agreement in 2018 we withdrew from it a year later.  That raises the question of how will UK rights holders enforce their Community designs, EU trade marks, Community plant varieties and other rights under EU or other member states' law.   As leading counsel at the Irish bar, James retains rights of audience that most English and Welsh lawyers have lost.  He is also a recent President of the Chartered Institute of Arbitrators and he reminds us that all EU member states are party to the New York Convention and that greater use can be made of arbitration.

We hope that attendees will have time to join us for a glass of wine or other refreshments after the talks.  Everybody who attends will get a full set of notes in pdf format in electronic form.   Further information can be obtained by calling me on 020 7404 5252 during office hours or sending me a message through my contact form.   You can register for the London seminar on 18 Sept here and the Birmingham one on 25 Sept here.


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