NIPC Law

Jane Lambert
Supreme Court (Lords Mance, Kerr, Sumption, Mance and Hodge) Cartier International AG and others v British Telecommunications Plc and another[2018] 1 WLR 3259, [2018] WLR 3259, [2018] WLR (D) 354, [2018] UKSC 28
What this Appeal was about In Cartier International AG and others v British Sky Broadcasting Ltd and others: [2015] EMLR 10, [2015] 1 All ER 949, [2015] 1 All ER (Comm) 641, [2015] RPC 175, [2014] EWHC 3354 (Ch), [2015] BUS LR 298, [2015] RPC 7, [2015] Bus LR 298, [2015] ETMR 1, [2014] WLR(D) 464 Mr Justice Arnold made an order requiring British Sky Broadcasting Ltd. and other internet service providers ("ISPs") to block access to certain websites which promoted the sale of counterfeit products under s.37 (1) of the Senior Courts Act 1981. I blogged about the case in Injunctions against ISPs Part VIII: Cartier International AG and Others v British Sky Broadcasting Ltd and Others6 Jan 2015.
In order to comply with blocking orders such as Mr Justice Arnold&#…

Jane Lambert

Court of Appeal (Lords Justices Lewison, Lindblom and Flaux) A P Racing Ltd v Alcon Components Ltd [2018] EWCA Civ 1420 (21 June 2018) 

This was an appeal by the claimant company, A P Racing Ltd ("AP"), against the decision of His Honour Judge Hacon in AP Racing Ltd v Alcon Components Ltd [2017] EWHC 248 (IPEC) (15 Feb 2017).  His Honour held that one of 7 disk brake calipers manufactured by Alcon Components Ltd ("Alcon") infringed UK patent no. GB 2,452,690 for a disc brake caliper body and a disc brake caliper comprising such a body but the other 6 did not. AP appealed against the finding of non-infringement in relation to 2 of Alcon's calipers, CAR 1249 and CAR 37.

The appeal came on before Lords Justices Lewison, Lindblom and Flaux and the lead judgment was delivered by Lord Justice Lewison.  His lordship did not mention in his judgment the precise grounds of appeal but it would appear that AP criticized Judge Hacon for not finding that a region…

Jane Lambert
Court of Appeal (Lady Justice Asplin and Lord Justice Kitchin)  The National Guild of Removers & Storers Ltd v Bee Moved Ltd and others [2018] EWCA Civ 1302 12 June 2018
This was an appeal from the decision of Mr Recorder Campbell QC in The National Guild of Removers And Storers Ltd v Bee Moved Ltd and others [2016] EWHC 3192 (IPEC) (13 Dec 2016) which was an action for passing off.  The appeal was over what constitutes a misrepresentation for the purposes of passing off and whether new evidence should be allowed on appeal.
The claimant company was described by Lady Justice Asplin as "a trade body which represents and provides services to its members in the removal and storage business".  Storage and removal companies that pay its fees and abide by its rules can describe themselves as a "member of the NGRS."  Those that cease to do so may no longer to hold themselves as members. They must remove all references to the Guild from their websites, adver…

Jane Lambert
Not a lot of progress since my last Brexit Briefing in April. A little bit more of the draft withdrawal agreement has turned from white or amber to green but there has been no progress on the stumbling blocks of the border between Northern Ireland and the Republic or the governance of the withdrawal agreement (or any other agreement between Britain and the EU). Without such agreement there can be no withdrawal agreement and hence no implementation or transition period.

The problem for the government is that maintaining a control free border means accepting at least some of the disciplines of the EU which in turn means abandoning dreams of an independent trade policy. However, if Ed Balls and Peter Sands are right the benefits of having an independent trade policy are pretty illusory (see What Sort of Trade Deal (if any) could the UK negotiate with the USA?8 June 2018).

I am increasingly of the view that there will be no withdrawal agreement by 29 March 2019 and that busin…

Since all patented inventions start out as trade secrets and many other inventions remain that way for various reasons, the implementation of Directive 2016/943 ("the Trade Secrets Directive") is an important day for inventors in the UK and throughout the rest of the EU. More

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Jane Lambert

Art 19 (1) of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure ("the trade secrets directive")requires each and every member state of the EU (including the UK for the time being) to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 9 June 2018. Accordingly, Mr Sam Gyimah MP, Minister of State at the Department for Business, Energy and Industrial Strategy, has signed The Trade Secrets (Enforcement, etc.) Regulations SI 2018 No 597 ("the regulations") which will come into force on that day.

Overview of the Regulations
The regulations so not purport to transpose the whole directive into English law. The statutory instrument consists of 19 regulations most of which relate to time limits, court procedur…