NIPC News

"The Vampire" Philip Burne-Jones  Jane Lambert "Will nothing kill off the Unified Patent Court?" some might ask.  One would have thought our government's volte-face on British participation in the Unified Patent Court agreement would have been pretty lethal (see Jane Lambert Volte-Face on the UPC Agreement 29 Feb 2020). If that was not enough to kill it off the German Constitutional Court's decision in 2 BvR 739/17 ( Re the UPC Agreement) was like a stake through the heart. And yet the UPC refuses to die.  On the day after the Constitutional Court had delivered its judgment, the Preparatory Committee commented: "Despite the fact that the judgement will result in further delay the preparatory work will continue, while the judgement and the way forward is further analysed." Not even the COVID-19 pandemic will daunt them:  "work will move forward using all available resources to keep the momentum." As I said in...

Jane Lambert While hardly unexpected. the confirmation given yesterday to Joff Wild  and others that "the UK will not be seeking involvement in the UP/UPC system." is nonetheless regrettable.   No country stood to gain more from the Unified Parent Court and the unitary patent than the UK because it would have reduced considerably the costs of patent prosecution in Europe and patent enforcement in the UK.  That is why both the Gowers Review of Intellectual Property  and the Hargreaves Review of Intellectual Property and Growth  urged HM government to push for a single European patent for the UK and other EU member states with a unified court for the resolution of disputes over such patents. The excuse given to Mr Wild and other journalists for this country's volte-face is that: "Participating in a court that applies EU law and bound by the CJEU is inconsistent with our aims of becoming an independent self-governing nation.” That was ju...

Jane Lambert I have been invited to speak ar MBL's IP for Commercial Lawyers - 2018 Conference  which will take place in London between 09:30 and 17:15 on 27 Nov 2018.  The conference will cover a wide range of topics from basic concepts to the effect of Brexit on IP rights.  My topic is " Patents - What happens after Brexit£  which will address the thorny question of whether there is any chance that the Unified Patent Court will ever open its doors. As brands , designs  and  plant varieties  can be protected throughout the European Union by EU trade marks , registered  and unregistered Community designs  and Community plant variety rights  and as much of our national trade mark, registered design, copyright, trade secrecy and patent law has been harmonized by EU directives, our withdrawal from the EU will have far-reaching consequences for British businesses which I have charted in my Brexit blog . Recently the go...

Jane Lambert I have been invited by the  Centre for Commercial Law Studies  of Queen Mary University of London to speak at its “Implications of Brexit on Intellectual Property Law” seminar at 67-69 Lincoln's Inn  Fields  between 18:00 and 20:00 on 12 Feb 2018. The email containing my invitation states: "The event provides a unique opportunity to address the important issues and implications in the area of Intellectual property in a post-Brexit era; and to provide a platform of controversy and conversation amongst top practitioners, academics and researchers. The speakers can choose a topic of their interest to be presented for approximately 15 minutes at the event." My topic will be the Unitary Patent and the Unified Patent Court   and the fading prospects of our participating in the project.  Although many German lawyers tell me that there is nothing in the constitutional challenge to German ratification of the Unified Patent...

Doing Business After Brexit A Practical Guide to the Legal Changes By:   Helen Tse Jane Lambert Yesterday the Rt Hon David Davis MP  introduced the European Union (Withdrawal) Bill  into the House of Commons and his Department announced a flurry of position papers  and guidance on the Bill. On the same day, The Commission's Taskforce on Art 50 Negotiations  published an even bigger pile of position papers ranging from atomic energy  to parallel imports . There could not be a better time for the publication of Doing Business After Brexit , a practical but comprehensive guide to the legal changes edited by Helen Tse . The book consists of 13 chapters covering every area of law covering everything from Commercial Contracts to Tax. I have contributed the chapter on Intellectual Property and Data Protection.  I have written it in the way that I write this blog, with the business owner or manager very much in mind. On 29 Marc...

Jane Lambert Art 89 (1) of the Agreement on a Unified Patent Court  provides that the Agreement will come into force on the 1st day of the 4th month after the deposit with the Commission of the 13th instrument of ratification or accession including deposits of such instruments by France, Germany and the United Kingdom. According to the Council website , 12 states have deposited instruments of ratification. The last of these was Italy which deposited its instrument on on 12 Feb 2017.  Italy's ratification is particularly significant for two reasons. The first is that it had opposed the unitary patent in C-274/11 - Spain and Italy v Commission and others     [2013] EUECJ C-274/11 on the grounds that the implementing legislation was incompatible with EU law. The second reason why Italy's participation is significant is that it will be entitled to host one of the sections of the Central Division of the Court of First Instance should the UK be obliged ...

In an email to the Intellectual Property Bar Association , our Chair Henry Carr QC reported that he and a party of other IP lawyers and patent attorneys visited 1000 Dockland Road, Royal Albert Dock, London E16 2QU last month. The reason for their visit is that the site has been identified as a possible venue for the London section of the central division of the Court of First Instance of the Unified Patent Court. The estate agents' particulars sound idyllic: "Fully accessible raised floor Suspended ceiling with 1.5m planning grid Cat 5 lighting Excellent natural light Views over Royal Albert Dock Four pipe fan coil air conditioning 7 underground car parking spaces and bicycle storage 3 passenger lifts Five-storey winter garden and building reception On site coffee shop, cafeteria and news agents."! Henry's note is also pretty encouraging: "1. The facility is, potentially, very good for a European Institution. The space is l...

Jane Lambert The Intellectual Property Bill received royal assent on the 14 May, just over a year after it was introduced into the House of Lords and is now an Act . It is a very short statute consisting of 24 sections divided into Four Parts together with a Schedule. It enables the Secretary of State to implement the Council Agreement on the Unified Patent Court  and the Hague Agreement , expands the scope of the Intellectual Property patents opinion service and establishes an opinions service for designs and provides for appeals from hearing officers in designs matters to be heard by an Appointed Person as in trade marks. It also tidies up s.213 of the Copyright, Designs and Patents Act 1988, the Registered Designs Act 1949 and the Patents Act 1977.  For a detailed analysis of the legislation, see my article The Intellectual Property Bill 28 May 2013 NIPC Law and the presentation by Alex Roxycki and me. The Bill's only controversial provision was clause 1...