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Showing posts with the label Legal Cost Finance

How Small Business can Fund IP Advice and Representation

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Author Copyleft Licence AIGA Source Wikipedia Jane Lambert In her speech on  National and International-level concerns and developments regarding the IP landscape   which she delivered on 29 June 2016 to the British group of European Practitioners in Intellectual Property, Lady Neville-Rolfe, the Minister for Intellectual Property said: "The UK has one of the world’s best intellectual property environments. The changes that will be triggered by the outcome of last Thursday’s vote will not alter that. You can continue to expect outstanding, professionally delivered rights granting services including design rights; and copyright owners can expect that the framework will support creativity. The UK will continue to be envied around the world for the quality of its enforcement environment. We will continue to lead in international IP discussions. We will continue our work to build an environment that allows innovative and creative businesses across the U...

What IPR have in common with WMD

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Author Charles Levy Licensed by US government Source Wikipedia Jane Lambert I apologize in advance to those who will be offended by this post. I acknowledge that a photo of a mushroom cloud is pretty tasteless but it is sometimes necessary to shock in order to drive home a point. And my point is that an intellectual property right ( "IPR" ) is a title to bring a law suit which, like weapons of mass destruction ( "WMD" ), has potency only if and to the extent that it is ever likely to be used. The reason why doubt can arise as to whether an IPR will ever be used is that civil litigation is outrageously expensive.  In Ungar v Sugg (1899) 9 RPC 117 Lord Esher MR said: "A man had better have his patent infringed, or have anything happen to him in this world, short of losing all his family by influenza, than have a dispute about a patent. His patent is swallowed up, and he is ruined." Despite cost capping in what is now the Intel...

Legal Cost Finance - Another Response to Sky Rocketing Court Fees

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Jane Lambert Yesterday the Ministry of Justice increased fees for issuing proceedings to 5% of the value of the claim for claims over £10,000 with a cap of £10,000 for claims of £200,000 or over.  For some claims that it is a whopping 622% increase in fees.  The statutory instrument that effects those increases is  The Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015 which is available only in draft on the legislation.gov.uk website. For entrepreneurs, designers and inventors this fees increase is very bad news because most IP infringement claims are for injunctions and unspecified damages. As I explained in Why "IP Yorkshire?"   10 Sept 2008    there is a correlation between patenting and the cost of enforcement. That is why this country consistently trails not only France and Germany in the number of European  patent applications but also the Netherlands with a third of our population and Switzerland with one ...