NIPC Law

Supreme People's Court of the Peoples' Republic of China Author ONUnicorn   Licence CC BY-SA 3.0   Source Wikimedia   Common   J ane Lambert Patents Court (HH Judge Hacon)  Nokia Technologies OY and another v Oneplus Technology (Shenzhen) Co., Ltd and other s (Rev1) [2021] EWHC 2952 (Pat) (4 Nov 2021) This was an application to HH Judge Hacon sitting as a judge of the Patents Court to set aside service of patent infringement proceedings on defendants that had been incorporated in China and to stay the action against the defendants that had been incorporated here to abide the outcome of proceedings in China to determine the terms of a FRAND licence for the claimants' patent portfolio on the basis that China was the more appropriate forum.  Alternatively, a stay of the whole action or at least the determination of the licence terms was sought on case management grounds.        The applicants contended that the circumstances that had led to...

     Hague Union State, Party to 1960 Hague Act    Hague Union State, Parties to 1999 Geneva left;"    covered by Regional Economic Integration Organization (REIO), not separate member    Hague Union State, also covered by REIO Author L.tak   Licence CC BY-SA 4.0   Source Wikimedia Jane Lambert The Hague Agreement facilitates legal protection of industrial designs in multiple jurisdictions from a single application much in the way that the  Patent Cooperation Treaty  does for inventions and  Madrid  for brands.  It was concluded in 1925 but it had very few  members  until recently.  It first began to affect businesses in the United Kingdom in 2008 when the European Union joined the system.  The United Kingdom acceded in its own right on 13 June 2018.  Other countries that have joined since 2008 include Canada, Israel, Japan, Russia, South Korea, Turkey and the USA. There are now 76 ...

Author Addicted04   Licence CC BY-SA 3.0   Source Wikimedia Commons Jane Lambert Patents Court (Nicholas Caddick QC) GK IP Bridge 1 v Huawei Technologies Co Ltd. and others    2021] EWHC 1261 (Pat) (14 May 2021) This was an application by two Chinese companies, Huawei Technologies Co. Ltd and Huawei Device Co. Ltd. to set aside an order by the Chief Master to permit service of process against them on the British company Huawei Technologies (UK) Ltd, and the companies' solicitors.  The application came on before Nicholas Caddick QC sitting as a deputy judge of the High Court on 15 April 2021. By para [36] of his judgment of 14 May 2021. Mr Caddick QC set aside the Chief Master's order (see GK    IP Bridge 1 v Huawei Technologies Co. Ltd and others  [2021] EWHC 1261 (Pat) (14 May 2021). The Dispute This is a dispute between Huawei Technologies Co. Ltd and Huawei Device Co. Ltd and the first defendant's British subsidiary, Huawei Technologies (UK) L...

Author Natural Earth Data Licence: Creative Commons Attribution-Share Alike 3.0 unported Source Wikipedia China Jane Lambert There are almost two and a half times as many internet users in China as there are citizens of the USA and some of the biggest e-commerce companies on earth are located in that country. These include  Alibaba  in  Hangzhou ,  Baidu  in Beijing and  Tencent  in Guangzhou. A lot of disputes arise anywhere in e-commerce between suppliers and their customers. internet service providers and their subscribers and between different internet users, In China, they can be referred to three specialist internet courts based respectively in Hangzhou, Beijing and Guangzhou. The first of those courts was established in Hangzhou which has an  English language website . According to that website, the court resolves contract disputes arising from online shopping, product liability disputes arising from online s...

Standard YouTube Licence Jane Lambert As I noted yesterday in Comptroller visits the EPO   27 March 2018 NIPC News, British companies and inventors applied for 5 313 European patents last year according to the European Patent Office's  Annual Report 2017   which was a 2.4% increase over the 5,188 of the previous year and the 4th straight year of increase.  This is with with an increase in PCT applications from the UK from 5,502 in 2016 to an estimated 5,567 in 2017 (see  PCT international applications by origin   on the WIPO website). There has also been a 9.3% increase in international trade mark applications through the Madrid system (see  Madrid international applications by origin ) and a small increase in design applications under the Hague agreement to which the UK has recently acceded (see  Hague international applications by origin ). It is probably too early to speculate on the reasons for this increase in filing activi...

Tom Duke - UK Attaché in China Jane Lambert On 19 Sept 2017 I chaired two seminars on IP rights in China for businesses, lawyers and patent and trade mark attorneys in Yorkshire. One took place in Leeds in the studios of Northern Ballet and Phoenix Dance Theatre  and the other in the Barnsley Business and Innovation Centre . Both were attended by leaders in business, education and the arts including, in particular, Phoenix's artistic director,  Sharon Watson , who was about to visit China with a view to bringing her company to that country. The main speaker at those talks was Tom Duke who is our IP attaché to China and Hong Kong.  Tom is one of four officials who work with the Department for International Trade (DIT) and the Foreign and Commonwealth Office (FCO) to provide support for UK businesses seeking advice on local IP matters.  The other three are Christabel Koh  in Singapore who covers South East Asia, Angelica Garcia in Brazi...

Author  Ssolbergj Creative Commons Attribution-Share Alike 4.0 International Licence Source  Wikipedia Jane Lambert IPEC (Mr Recorder Campbell), Scomadi Ltd and Another v RA Engineering Co. Ltd and Others [2017] EWHC 2658 (IPEC) (27 Oct 2017) On 19 Sept 2017, I chaired seminars in the studios of Northern Ballet in Leeds and at the Barnsley Business and Innovation Centre in South Yorkshire at which Tom Duke, our intellectual property attaché in Beijing, spoke on  “Succeeding in China – How to mitigate IP risk” as part of a China IP Roadshow (see Jane Lambert Meet our IP Attaché to China   21 July 2017 IP Yorkshire). One of the reasons why Tom made that tour is that an increasing number of British IP owners contract with manufacturers in China and other countries where production costs are lower than in the UK to make goods for them under licence. Often such arrangements work very well but sometimes they can go very badly wron...