NIPC News

By Muhammad Karns - Judicial Office Twitter feed., CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=78284579 Jane Lambert Earlier today I uploaded to Slideshare a presentation that I gave in February 2023 to members of the University of St Andrews Law Society  entitled A Career at the Bar of England and Wales .  I did so because I get a lot of enquiries on how to make a career in IP, as well as requests for work experience.  I had just come across a website called IP Careers   which lists careers advice , courses ,  jobs  and news .  Its only drawback is that it focuses on opportunities for patent and trade mark attorneys and openings at the Intellectual Property Office and European Patent Office but does not seem to have much for barristers or solicitors specializing in intellectual property. A website that does cover all the intellectual property professions is Careers in Ideas  which is managed by IP Inclusive , a great organizati...

Eden Estuary and Former Paper Mill Author Jim Bain   Licence  CC BY-SA 2. 0  Source Wikimedia Commons   Jane Lambert It has been years since I graduated from St Andrews, but the University is still capable of teaching me something new and useful.  Yesterday, I learned a lot about enterprise, innovation and inclusion at a Connect-Ed Network Meet Up on Engaging and Supporting Female Founder s in the Cathedral Room at Walter Bower House on St Andrews's new Eden Campus . The meet-up began with a buffet lunch at 13:00.  I got to meet the Chair, Bonnie Hacking . Programme Manager, Entrepreneurship Centre, two of the speakers, Niki McKenzie , Joint Managing Director at Archangel Investors Limited , and product designer,  Kat Pohorecka , who is also an associate at Edinburgh Innovations , and many of the attendees, before the formal proceedings.  The third speaker was a remarkable recent graduate called  Simone Korsgaard Jensen ,...

Author Stephen Sweene y Licence CC NY-SA 2.0   Source Wikimedia Commons   Jane Lambert Yesterday I attended a talk by Andrew Cla y, a partner of Sonder & Clay and founder of TIPSY , entitled  ‘IP Rights – a good thing or a capitalist attack on the intellectual commons?’  in the new seminar room of the Department of Medieval History at St Andrews.  I was there for two reasons.  The first was to support Andrew (having badgered him for some time to give this talk) and the Institute of Legal and Constitutional Research  and the University of St Andrews Law Society , which hosted it.  The second reason was that I could combine attendance at Andrew's talk with a visit to the U niversity of St Andrews's Eden Campus , which will host an Engaging and Supporting Female Founders: Connect-Ed Network Meet Up .  this afternoon. Andrew began his talk by explaining how and why he became a solicitor. He then projected a picture of Jam...

  jane Lambert World Intellectual Property Day is a worldwide celebration of the legal protection of innovation and creativity that takes place on or around the 26 April of every year.  That day has been chosen because it is the anniversary of the day on which the Convention Establishing the World Intellectual Property Organization  came into force.  The World Intellectual Property Organization ("WIPO")  is the United Nations specialist agency for intellectual property. Every year World IP Day revolves around a special theme.  In 2021 it was  IP & SMEs: Taking your ideas to market .  In 2022 it was IP and Youth: Innovating for a Better Future .  Last year it was Women and IP: accelerating innovation and creativity .  This year it is  IP and the SDGs: Building our common future with innovation and creativity  which is certainly the most complex and arguably the most ambitious theme ever, "SDGs" stand for "Sustainable Develop...

  Jane Lambert The World Intellectual Property Organization has published reports on unlocking IP-backed funding in China , Jamaica , Singapore , Switzerland  and the UK . The report on the UK was launched yesterday in London by Viscount Camrose , Parliamentary Under-Secretary of State for artificial intelligence and intellectual property and Daren Tang, Director-General of WIPO on 19 March 2024 (see the Intellectual Property Office's press release Report launched into UK's IP-backed finance landscape   19 March 2024). The report, which can be downloaded as a PDF from the WIPO website consists of 47 pages of text organized in the following sections: Acronyms (common abbreviations such as "HMRC" and "SME"); Glossary Executive Summary The United Kingdonm's Journey  Types and Sources of IP Funds for equity investment and lending The Legal and Regulatory Framework for UK Finance covering accounting standards and financial regulation as well as law Non-regula...

  Jane Lambert On Thursday 8 Feb 2024 I shall take part in a panel discussion on damages issues in IP and life sciences disputes  as part of the Global Arbitration Review's Damages symposium .   I share the platform with very distinguished practitioners.  There will also be talks on simplifying evidence for tribunals, a question time and plenty of networking opportunities.   Anyone who wishes to attend can register here, There is growing interest in arbitration and other forms of ADR for the resolution of intellectual property and technology disputes. In  WIPO Arbitration and Mediation Centre Report 2023   (19 Jan 2024 NIPC News ), I noted that the World Intellectual Property ("WIPO") Arbitration and Mediation Centre reported that it had disposed of 679 disputes in 2023 which was a 24% increase over the previous year and a 280% increase in the last 5 years (see  WIPO ADR Highlights 2023  18 Jan 2024). There are several reasons for t...

Howard Building Author TheWub   Licence CC BY-SA 3.0   Source Wikimedia Commons   Jane Lambert Except for 2020 when the Informa IP Law Simmer Schoo l took place online and 2021 when it was held in December,  I have chaired the session on patent law and delivered a talk on FRAND  at the Howard Building in Downing College Cambridge for the last 5 years.  I shall do so again this year between the 7 and 11 Aug 2023.  There is an excellent programme  of talks from distinguished speakers .  Attendees are housed in college and fun s ocial events are arranged every night .  Anyone wishing to attend the course can book here . A lot has happened in my topic since last year.   There has been Mr Justice Mellor's judgment in  I Interdigital Technology Corp and others v Lenovo Group Ltd and others [2023] EWHC 539 (Pat) on 16 March 2023.  That was the second time that an English court had been called upon to determine what ...

  (c) 2023 NIPC all rights reserved St Salvator's College Quad 15 Feb 2023 Jane Lambert Just before Christmas Daniel Alexander KC held in  Oxford University Innovation Ltd v Oxford Nanoimaging Ltd  [2022] EWHC 3200 that the CEO of Oxford Nanoimaging Ltd had been a "consumer" within the meaning of reg 3 (1) of  The Unfair Contract Terms in Consumer Contracts Regulations 1999 when he signed up as a research student at Oxford University.   His contract incorporated Oxford's intellectual property policy which vested the right to apply for patents for student inventions in the University. The learned deputy judge assessed that provision for fairness. On the facts before him, Mr Alexander found that the term had been fair but had he found otherwise the intellectual property policy would not have bound the student.  I discussed the case and its implications in  Patents: Oxford University Innovation Ltd v Oxford Nanoimaging Ltd   on 23 Jan 2023 in N...

Punts on the Cam © 2017 Jane Lambert: all rights reserved Jane Lambert This year's Cambridge IP Law Summer School lived up to expectations . Cambridge is delightful at any time of the year.  It was good to see it just before Christmas when the winter school took place. The course is stimulating even if it is held online as happened in 2020 .  But the best place to hold it is Cambridge and Summer is the best time. The course takes place at Downing College which has produced many of the country's leading practitioners and academic lawyers.  One of them was Christopher Stothers  whose talk on arbitration of intellectual property disputes was one of the highlights of my week.  We had a lot of good speakers from several countries. Delegates came from Belgium, Denmark, the Irish Republic amd Saudi Arabia as well as the UK. IP law has changed significantly since our departure from the EU. Our government is negotiating free trade and other agreements with the government...

Summer School Attendees  © 2017 Gita Mistry: All rights reserved   Jane Lambert For the first time in three years, there will be an IP Law Summer School in Cambridge in Summer . There was an IP law Summer School in 2020 but it took place entirely online.  There were presentations on IP law in Cambridge last year given by the usual speakers but they took place in December . We had a dinner and pub quiz but not much else.  We also had to give the last few talks online to comply with public health regulations.   If you want to know what happens at the Cambridge IP Law Summer School, look at my write-ups for 2017 and 2019 .  The event is attended by some of the leading practitioners in this country and abroad.  For instance, on Tuesday 16 Aug 2022 I will introduce Sean Leach from Mathys & Squire, Hiroshi Sheraton from Baker & McKenzie, Andrew Payne from TaylorWessing, Matthew Shade of Wilmer Hale, Andrew White of Mathys & Squire, Timothy...

WIPO Author Emanuel Berrod Licence CC BY-SA 4.0   Jane Lambert The World Intellectual Property Organization ("WIPO")  describes an intellectual property audit as a tool for identifying "potential IP assets", that is to say, protectable  intellectual assets . An IP audit helps to uncover unused or under-utilized assets, determine ownership of those assets and warn against possible conflicts with intellectual property owners or potential infringers.  Information on the types of IP audit, preparing for such an audit and carrying it out is available on the Intellectual Property page of the WIPO website .  More detailed information can be found in Module 10   of IP Panorama .    The WIPO categorized IP audits as follows: " General-purpose  This is broadest type of IP audit, used by new companies or those considering implementing new IP policies, standards or procedures. It is also suitable for companies implementing new marketing approa...

Jane Lambert Since 2017 I have been invited to speak at the Cambridge IP Law Summer School.  I shared my experiences in Cambridge IP Law Summer School 2017   on 20 Aug 2017 and Cambridge IP Law Summer School 2019 on 19 Aug 2019. I am sorry to say that Downing College cannot host us this year because of the COVID-19 emergency.   Happily, not all is lost because Informa , which runs the course, has made arrangements to hold it online (see IP Law Summer School     10 to 20 Aug 2020). I shall deliver two papers: "TMT A SEP & FRAND": Standard essential patents and FRAND (fair, reasonable and non-discriminatory) terms for the licensing of such patents on 12 Aug 2020 at 15:20; and "Intellectual Property Enforcement Measures, Especially Anti-piracy Measures in the Digital Environment"  on 20 Aug 2020 at 14:25. When I was invited to give the first talk in November we had every hope of a decision of the Supreme Court on the topic....

Jane Lambert There has not been much IP training lately either for business owners and the general public or for lawyers, patent or trade mark attorneys or other IP professionals.  That could be a problem because as I said in IP Services during the Emergency   23 March 2020 NIPC Inventors Club and many times since IP has never been more important than it is now. On 21 April 2020, I tried to do something about it by delivering over the internet a talk on patents that I had given some years ago to an audience of solicitors and patent and trade mark attorneys at the offices of Morgan Cole (now Blake Morgan ) in Oxford.  This was part of a double act that I performed with the distinguished solicitor and author Peter Groves .   The training started at 14:00 and lasted till 17:00.   My contribution was an introduction to patent law and overview that lasted 90 minutes. The feedback that we received suggested that the talk had gone down v...

Jane Lambert I hope all my readers had a good Christmas and I wish them a happy and prosperous New Year, A hot topic for the New Year is likely to be the legal protection of inventions, artistic and literary works, designs and other intellectual assets that are created by machines.  Three of the papers of the Life Science IP Conference which was held at at the Millennium Gloucester Hotel on 26 and 27 Nov 2019 addressed the topic as did two of the papers at the International Copyright Law Conference  which was held in London a few days later.  Francis Gurry , the Director-General of the World Intellectual Property Organization (the UN specialist agency for IP) discussed the subject in an interview entitled Intellectual property in a data-driven world   which appeared in the October issue of the WIPO Magazine. This is not a new subject.  I can remember articles and conference papers on the topic for as long as I have been at the Bar.  ...

Intellectual Property Office Crown copyright, Licence Intellectual Property Office Jane Lambert One of the recommendations of Prof. Hargreaves's review of intellectual property and growth  which was commissioned and largely implemented by the Coalition government in 2011 was that "The IPO should draw up plans to improve accessibility of the IP system to smaller companies who will benefit from it. This should involve access to lower cost providers of integrated IP legal and commercial advice." The Intellectual Property Office has tried to carry out that recommendation by developing support tools for use by academics, business owners, entrepreneurs, investors, professional advisors and other members of the public.  There is now a portal for those tools on the government's website at  https://www.ipo.gov.uk/ip-support/ . The portal looks like this: There are 9 colour coded icons: IP Equip IP Heakthcheck B2B Toolkit ...

Author Voytek Pavlik Public Domain Dedication   Source Wikipedia Cryptocurrency  Jane Lambert Financial technology ("FinTech") is one of the most rapidly growing technologies on the planet and one that the UK is ideally placed to develop for the reasons that Mark Carney, Governor of the Bank of England, explained in his presentation  to the Deutsche Bundesbank G20 conference on “Digitising finance, financial inclusion and financial literacy” (see also his speech  on YouTube). I have written a number of articles on the topic which I have indexed in the "Further Reading" table of my FinTech Index page .  The latest of those articles is my note on the UK Jurisdiction Taskforce's  Legal Statement on Cryptoassets and Smart Contracts   which I published on Saturday. The LegalTech Delivery Panel which presented the Legal Statement on Cryptoassets and Smart Contracts has also posted a scaleup glossary  to its website together with...

Standard YouTube Licence Jane Lambert One of the topics that were discussed at the 14th session of the Advisory Committee on Enforcement was building respect for intellectual property.  On that topic we heard presentations by, and received handouts from, Rajiv Aggarwal of India, Hedvig Bengston of Norway, Maya Al'Azri of Oman,  Ray Augusto Meloni García of Peru and Liliana Vieru of Moldova. For our entertainment and education, the WIPO secretariat erected a little video lounge called the ACE cinema which showed anti-piracy and anti-counterfeiting videos like "Knock off Nigel" which was one of the most amusing.  I particularly love the expression on Nigel's face as his girlfriend dumps the "watch that he found in the street" in his beer,  There were other "Knock off Nigel" videos including one from the office . Although the "Knock off Nigel" films were witty, not everybody liked them,  In  "Why I Hate the Knock off Nigel A...