NIPC News

Standard YouTube Licence Jane Lambert On 5 March 2024, I wrote in  Patents: a New Resource Hub on Standard Essential Patents in May and HMG's other Proposals on FRAND Licensing   that the IPO guidance document Standard Essential Patents: 2024 forward look  promised an online SEP Resource Hub by May 2024 which would be a repository of tools, guidance and other material designed to help SMEs navigate what the IPO called "the SEPs ecosystem." The guidance also promised signposting to dispute resolution procedures, information on patent pools, and court processes to resolve disputes. Possibly because an election was called in May the resource hub's launch was delayed until 22 July 2024. It is now up and running and can be accessed at  https://www.gov.uk/government/collections/seps-resource-hub on the Intellectual Property Office ("IPO") website.   The best place to start is the IPO press release  One-stop SEPs Resource Hub launched by UK IPO  ...

Ross Church / Downing College, Cambridge / CC BY-SA 2.0 Jane Lambert The 23rd IP Law Summer School will take place at Downing College, Cambridge between 12 and 16 Aug 2024 and I shall speak on FRAND  and IP Litigation in the English Courts .  I will also chair the sessions on patents  and contentious IP .  In Cambridge IP Law Summer School   I described the course as "a rare opportunity to listen to some of the leading practitioners in intellectual property law in beautiful surroundings in the company of some very bright young men and women from around the world."   This year's summer school promises to be one of the best ever with a revised agenda  and some excellent speakers .  Among this year's new topics Parminder Lally and Debora Dorn of Appleyard Lees will discuss IP and artificial intelligence and a speaker whose name is yet to be announced will talk about geographical indications . The knowledge imparted in the classroom is only ...

European Patent Office Author  Kārlis Dambrāns Licence CC BY-SA 2.0   Source Wikimedia Commons   Jane Lambert In IPO Consultation on SEPs and Innovation , I mentioned the Intellectual Property Office's open consultation on SEPs and innovation and issued a call for views  on 19 Dec 2021. The responses to that consultation appear in  Standard Essential Patents and Innovation: Summary of Responses to the Call for Views  which was updated on 5# July 2023.   On 21 March 2023, the IPO published a  questionnaire on standard essential patents ("SEPs") for SME small-cap and mid-cap businesses.  which I discussed in IPO Consults on SEP Licensing   on 24 March 2023.  The IPO received 47 responses to that questionnaire including one from me.  It published the outcome of the consultation on 5 July 2023 (see  SEPs questionnaire for SME, small-cap and mid-cap businesses: Summary of Response ).  It intends to consider the r...

Shanghai Licence CC9.10   Source Wikimedia Common s   Jane Lambert On 19 Dec 2021, I announced the Intellectual Property Office's consultation on standard essential patents and innovation.   The consultation closed on 1 March 2022 and a Summary of Responses to the Call for Views  has been published.   The summary covers the following topics: Section 1 - The balance of the ecosystem and benefits to innovation and consumers Section 2 - Competition and market functioning Section 3 - Transparency Section 4 – Patent infringement and remedies Section 5 – Licensing of SEPs Section 6 -SEP Litigation A list of respondents appears on page 88 of the summary. They include academics. businesses, law firms. patent attorneys and interest groups.  Contributions came from within the UK and beyond. The IPO seems to have received a wide range of views, some of which diverged widely. In view of the breadth of issues and the divergence of the views on the need for gov...

Author Monsarc Public Domain Source Wikimedia Commons   Jane Lambert One of the high points of my year as an intellectual property lawyer has been the Cambridge IP Law Summer School at Downing College, Cambridge. It is addressed by some of the world's leading IP practitioners and scholars.  For the last few years, I have been invited to contribute to their discussions.   Not even Covid19 managed to stop the event though it did change it.  Last year it was held online.  The presentations and the Q & A discussions were, as always, excellent.  The only element that we missed was networking.  Cambridge is a place to learn but it is also a place to have fun.  In previous years, the event organizers Informa Connect had offered all sorts of evening entertainments from a black-tie dinner to punting on the Cam. It was not possible to present those activities online. Narinder Hayer, Informa Connect's organizer, told me that she had hoped to retur...

European Commission Author  EmDee  Licence  CC BY-SA 4.0  Source  Wikipedia Commons Jane Lambert In the last few years, there has been a spate of litigation throughout the world between businesses that have acquired large portfolios of patents that are essential for compliance with a manufacturing standard which are known as "standard essential patents" ("SEP")  and the world's consumer electronics manufacturers known as "implementors" who want to use their patents.  Standard setting institutions such as ETSI  require the proprietors of SEPs to license their patents to implementors on fair, reasonable and non-discriminatory ("FRAND") terms. Such an arrangement ought to work very well.   As Mr Justice Marcus Smith said in Koninklijke Philips NV v Asustek Computer Inc. and others [2020] EWHC 29 (Ch) (17 January 2020) at paragraph [7 (4)]: "Standard Essential Patents can be of great value to their holders. Holders can expect a substa...