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...

World Intellectual Property Organization, Geneva Author Emmanuel Berrod  Licence CC BY-SA 4.0   S ource     Wikimedia Commons   Jane Lambert I mentioned the government's consultation on standard essential patents in  Latest Consultation on Standard Essential Patent Licensing   on 18 July 2025.  One of the topics is "Tell us how alternative dispute resolution services work for standard essential patent disputes."   According to its "WIPO ADR for FRAND Disputes" page , the WIPO Arbitration and Mediation Centre has administered some 80 WIPO mediation cases relating to FRAND licensing negotiations. Here are examples of some of the disputes that the Centre has handled: "Mediations between large SEP holders and implementers in Asia and Europe to facilitate the agreement of FRAND licensing terms. Requests for WIPO Mediation relating to licensing negotiations between patent pool administrators and implementers in relation to ongoing unsuccessful...

Author US Government Licence Public domain Source     Wikimedia Commons Jane Lambert Since I discussed the Intellectual Property Office's consultation on Copyright and Artificial Intelligence  in  UK Government Launches Consultation on AI and Copyright   on 16 Dec 2024, HM Government has published its  AI Opportunities Action Plan , the Tony Blair Institute for Global Change its Rebooting Copyright: How the UK Can Be a  Global Leader in the Arts and AI   white paper and the World Artificial Intelligence Film Festival  is about to open in Nice. Until recently, attention has focused on the negatives of AI.  The late Stephen Hawking warned that it could end human existence (see Rory Cellan-Jones, Stephen Hawking warns artificial intelligence could end mankind   2 Dec 2014).  Others worried that it could reinforce inequalities between sections of society or bolster repression. In his foreword to the Tony Blair Institute white pape...

Jane Lambert  When I was called to the Bar our design law was relatively straightforward. Features of shape, configuration, pattern or ornament applied to an article by any industrial process or means with eye appeal that were new or original could be registered under the Registered Designs Act 1949 for 5 renewable periods of 5 years each up to a total of 25 years. Design drawings for manufactured products were artistic works within the meaning of s.3 (1) of the Copyright Act 1956 and so long as the drawing was original copyright protected the design for the life of the author of the drawing plus 50 years. All this came to an end on 1 Aug 1989 when the Copyright, Designs and Patents Act 1988 came into force.  The Act overhauled the Registered Designs Act 1949 and provided that it was "not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design or t...

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  ...

  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...

Intellectual Property Office Crown Copyright 2007  Open Government Licence v3.0     Jane Lambert A standard essential patent ("SEP") is a patent that has to be worked in order to comply with a technical standard.  Organizations that set such standards (known as standards-setting organizations or SSOs) require SEP proprietors to promise to license the use of their patents to businesses that want to make or distribute products that comply with those standards ("implementers") on fair, reasonable and non-discriminatory ("FRAND") terms as a condition for including their patents within the standards. On paper, this looks like a very fair arrangement and in theory, it should work very well but in fact, it doesn't.   One problem is that implementers use a standard without paying any royalties or licence fees to the SEP owners arguing that their patents are invalid or not essential for compliance with the patent.   Another is that SEP owners and implement...

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...

  (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...

Standard YouTube Licence Jane Lambert On the day that my article   Patents - Interdigital Technology Corporation and others v Lenovo Group Ltd. and others   appeared in which I discussed Mr Justice Mellor's 225-page judgment in Interdigital Technology Corporation and others v Lenovo Group Ltd. and others   [2023] EWHC 539 (Pat ),  the Intellectual Property Office ("IPO") announced a questionnaire on standard essential patents ("SEPs") for SME small-cap and mid-cap businesses. This follows an earlier consultation on SEP licensing that the IPO launched on 7 Dec 2021.  I discussed it in  IPO Consultation on SEPs and Innovation   on 19 Dec 2021.  The IPO received 56 responses to that consultation.  The names of the respondents appear in Annex A  to a Summary of Responses to the Call for Views .  Their responses are analysed in that document.  Bearing in mind the costs of FRAND litigation and that it seems to involve only mass...

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...

Standard YouTube Licence Jane Lambert On 26 April 2022, the world celebrated World Intellectual Property Day .  That is a worldwide festival to celebrate the entry into force of the World Intellectual Property Organization Convention , the international agreement that established the World Intellectual Property Organization *"WIPO").   I took part in two of the celebrations: i presented a webinar for the Liverpool Law Society entitled  "Intellectual Property Law after Brexit and onwards”; and  I chaired the Menai Science Park's celebration of the Creativity, Enterprise and innovation of the Young People of Wales. Both events had unexpected last-minute hitches which the organizers took in their stride.  It is fair to say that both events went well, I had originally intended to cover the topics that I had discussed in my presentation  How Brexit has changed IP Law   and handout IP after Brexit .  On the morning of the talk, I learned that there...

Intellectual Property Office Crown Copyright 2007 Open Government Licence v3.0   Jane Lambert One of the talks that I gave at the Cambridge IP Law Winter School  was "TMT: A SEP and FRAND Overview".    I did not choose that title so I shall try to explain what I think it means.   "TMT" stands for technology, media and telecoms. TMT is a sector where there has been a lot of litigation about "SEPs".  SEPs are "standard-essential patents", that is to say, patents for inventions that a telecoms equipment manufacturer has to use if it is to implement a technical standard.  Technical standards are set by standards-setting organizations ("SSOs"). An important SSO for mobile communications is the European Telecommunications Standards Institute ("ETSI") .   "FRAND" is short for "fair", "reasonable" and "nondiscriminatory" and refers to the terms on which SEP owners are supposed to license the use...

Standard YouTube Licence Jane Lambert Although the COVID-19 pandemic has wrought havoc on long-planned celebrations of World Intellectual Property Day including those that had been announced by M-SParc (the Menai Science Park ) in North Wales, nothing could have done more to ram home the importance of the day and its theme of innovation for a green future , Before the pandemic, there was a temptation for our species to regard itself as somehow immune from environmental catastrophe, to concentrate on economic growth regardless of the impact on the atmosphere and water supplies and to postpone decisions on climate change until well into the future.  Well, COVID-19 shows that it can't.  The pandemic, which is thought to have originated in the so-called wet market in Wuhan, is as much an environmental calamity as the Winter floods in England or the fires in Australia. Just as it is technology that is helping humanity to respond to COVID-19 in the search for dia...