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Showing posts from September, 2018

Transfer to IPEC - Massimo Osti SRL v Global Design and Innovation Ltd

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Jane Lambert

Chancery Division (Master Clark) Massimo Osti SRL v Global Design and Innovation Ltd and another [2018] EWHC 2263 (Ch) (30 Aug 2018)

This was an application  by the claimant to set aside an order made by the court on its own initiative under CPR 3.3 to transfer a claim for an EU wide injunction, unpaid royalties and other relief for EU trade mark infringement and breach of contract and the defendants' counterclaim for a declaration that the mark is invalid from the Chancery Division to the Intellectual Property Enterprise Court ("IPEC").

The Significance of the Application
The Chancery Division is one of three Divisions of the High Court of Justice established by s.5 (1) of the Senior Courts Act 1981.  S.61 (1) and para 1 (i) of Sched. 1 of that Act assign patents, trade marks, registered designs, copyright and design right cases to the Chancery Division.  The Chancery Division has a number of specialist courts one of which is IPEC.  IPEC was established by a…

Confidentiality and Non-Disclosure Agreements taking Account of the Trade Secrets Directive

In Transposing the Trade Secrets Directive into English Law: Confidentiality Agreements5 Feb 2018 I advised that it would be prudent to ensure that non-confidentiality agreements and clauses complied with 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) as well as the law of confidence. I gave more specific advice in Trade Secrecy Law changes Tomorrow - check your NDA, Standard Terms and other Agreements8 June 2018 NIPC Inventors Club and Checking your Confidentiality Clauses and Agreements for Compliance with the Trade Secrets Directive27 June 2018 NIPC News.

I have now received my first sets of instructions to draft and review confidentiality or non-disclosure agreements in the light of the trade secrets directive.  I have applied what I have learned through carrying out those instr…