NIPC News

National Media Museum, Bradford     Source Wikipedia Jane Lambert Tomorrow is World Intellectual Property Day . I wish all my readers a happy World Intellectual Property Day.   Folk may think that that is an odd greeting. But is it?  When someone is ill don't you wish him a speedy recovery? What is more likely to accelerate his recovery than the medicine or medical device that may have cost millions to develop.  The fruits of that investment are protected by the patents, trade marks and other rights that prevent competitors from taking advantage of the research and development work known collectively as "intellectual property".   Intellectual property is the glue that holds investment in branding, design, technology and creative works together.  So the greeting "Happy World Intellectual Property Day" is a kind of celebration of the world's advances in science, technology, the arts and literature. Every year there is a differ...

Jane Lambert Before the economic downturn I used to hold monthly IP clinics in  Barnsley, Bradford, Halifax, Huddersfield, Leeds, Rotherham, York and the Wirral. These were very busy and I used to see between 20 and 30 entrepreneurs, inventors or other creative folk every month. A number of those persons succeeded and they created many new jobs. Glyde House Bradford When the downturn came, demand for those clinics disappeared almost overnight.  I do not know whether that was because banks were more reluctant to lend or because fewer people wanted to take the risk of setting up new businesses.  Only one clinic kept going throughout those years and that was the one at the Barnsley Business Innovation Centre on the second Tuesday of every month between 10:00 and 12:00. Middlesex University Now that the economy has started to pick up I have decided to revive my Bradford clinic at Glyde House on the third Thursday between 14:00 and 16:00 and launch...

Jane Lambert In his Final Report in his Chancery Modernization Review Lord Justice Briggs recommended a closer focus on ADR at case management conferences ( "CMC" ) and, in particular, that "case management should be seen to be directed toward dispute resolution, rather than merely preparation for a full trial which is unlikely to take place." He specifically recommended requirements for parties to address the timing, type of and impediments to ADR in an expanded questionnaire before the first CMC and for the court at the first CMC to give detailed consideration to assisting the parties in the choice and timing of ADR. Traditionally, ADR has been seen as an alternative to litigation rather than a set of options to facilitate the speedy and cost-effective resolution of a dispute. It is perhaps one of the consequences of the decision in Scott v. Avery , (1856) 5 H.L.Cas. 811. In fact, mediation, early neutral evaluation and all the other methods of d...

I presented the final talk in my introduction to IP on Wednesday.  Like the Introduction  and the talks on  Branding and Creative Output  I focussed on the different ways the law can protect investment in an intellectual asset. Until recently technology was connected with manufacturing which probably explains why patents protect new products and processes. The European Patent Convention , which is celebrating its 40th anniversary this year, specifically excludes from the definition of patentable inventions programs for computers, methods of doing business and the presentation of information. Yet much of the British economy is now based on those activities.   For that reason I discussed not simply patents and trade secrets but also the different legal tools for protecting investment in software, data analysis, web 2.0 services and so on such as copyright, database right, design right and plant breeders' rights. You will find my slides here: : How the...

Jane Lambert Over the last few months I have been leading a series of seminars on basic intellectual property law. I presented an introduction and overview on 26 June 2013 and you can download the slides and handout from "Introduction to Intellectual Property" on 1 July 2013. On the 25 Sept 2013 I spoke about branding, that is to say passing off, trade mark registration, geographical indications and domain names. You will find my slides and handout at "Introduction to the Law relating to Branding: Passing off, Trade Marks, Geographical Indications and Domain Names"  4 Oct 2013. On the 27 of this month I shall be talking about patents, confidentiality. semiconductor topographies, plant varieties and database right and you can book for that seminar (which is the final in the series) on our Evenrbrite page . On Wednesday the 30 Oct 2013 I presented a seminar on creative output, that is to say copyright, related rights and designs.  You can download the sli...

Jane Lambert On the 25 Sept 2013 I led a seminar on the law relating to branding at 4-5 Gray's Inn Square. This was part of an introductory course on IP law which started with the Introduction to IP Law on 26 June 2913. The slides and notes from that talk can be read and downloaded from my post "Introduction to IP Law " on 1 July 2013. Although I gave my talk without slides I have produced a set for the benefit of those who were not there and you can read and download them here: Introduction to brands from Jane Lambert I also gave each attendee a set of notes and a memory stick which you will find here:   Introduction to the law relating to branding from Jane Lambert The next talks in the series will be on Creative Output - Copyright and Related Rights  which will take place at 4-5 Gray's Inn Square on 30 Oct 2013 between 16:00 and 18:00 and Technology - Patents, Trade Secrets, Design Rights, Plant Varieties etc  on 27 No...

On Thursday, 12 September 2013, the Royal Television Society's  Cambridge Conference  heard  Nancy Tellem , Microsoft's Entertainment & Digital Media President, explain the thinking behind the  Microsoft Xbox One  console, due for release on 22 November 2013. Xbox One is a "state of the art gaming console, a new generation TV and movie system, and a whole lot more". Gaming, internet browsing, Skype telephony and watching films and television all take place through a single set-top box. Users can rapidly switch between uses or enjoy them simultaneously, using vocal or gestural controls.  When I asked Nancy Tellem, who started her career as an attorney, where she expected Xbox One to be regulated, and whether as television or video game or both, she engagingly confessed that she "would have to get back to me".  As the European Commission observed in its April 2013  Green Paper  on convergence in audiovisual services, we are experienci...