NIPC Law

The Intellectual Property Bill has passed through the Commons and now awaits royal assent. Although much attention has focused on clause 13 of the Bill which will create a new offence of unauthorized copying of a registered or registered Community design in the course of business the legislation makes a number of useful changes to registered and unregistered designs and patents law. I have written a number of articles on the Bill for this blog: "The Intellectual Property Bill" 26 May 2013 "Correspondence with my MP on Clause 13 of the Intellectual Property Bill"  29 May 2013, and "Clause 13 of the Intellectual Property Bill will probably go through. What next?"  20 Dec 2013. I also made written submissions on the Bill as it passed through committee in the House of Commons. My colleague, Thomas Dillon, has also analysed the Bill though he has tended to welcome clause 13 (see Thomas Dillon "UK: Intellectual Property Bill"  28...

The "Denver" claimed as a work of artistic craftsmanship  in Hensher v Restawhile   [1976] AC 64 Source  Centre for Intellectual Property and Information Law, Virtual Museum Despite the submissions of Sir Robin Jacob , leading academic lawyers, the IP Federation , the IP Bar Association  and the other intellectual property professions HM government seems determined to force through criminal sanctions for registered design and registered Community design infringement. Why HMG has set and indeed held to this course in the face of almost unanimous opposition from those who know most about intellectual property is a mystery but there it is. Governments do silly things sometimes of which the Dangerous Dogs Act is but one example. What happens next I have done all that I can as a citizen to persuade HMG to think again by   explaining in this blog why this proposal is a very bad idea ,  lobbying my MP  and even  remons...

Prof. Tanya Aplin I have been a fan of Professor Tanya Aplin  for some time, originally because of her transformation of Gurry on Breach of Confidence  and more recently because of her part in the Submission to the UK IPO on the issue of criminal sanctions for the deliberate copying of designs  by Sir Robin Jacob and the Professors of IP law at the Universities of Oxford, Cambridge, Glasgow, Edinburgh and Bournemouth. Like Francis Gurry , the Director-General of the WIPO, she is an Australian which is almost a qualification in itself as the courts of that island continent are a laboratory for the development of the common law positively fizzing with bright ideas some good and others not so good. Professor Aplin was guest of honour at the Intellectual Property Bar Association garden party on Monday which I attended with Robert Griffiths QC , the IPBA's latest recruit, and our pupil Nicola Strachan . Before we could taste our pudding metaphorically speak...

Here is the email that I sent to my MP at 22:23 last night: "Dear Jason, You will shortly be required to consider the  Intellectual Property Bill  which was introduced into the House of Lords by Lord Younger, Parliamentary Under Secretary of State for Intellectual Property on 10 May 2013. I have analysed the Bill in detail and written a detailed commentary entitled  "The Intellectual Property Bill"  28 May 2013 which I hope you may find useful. The Bill contains a lot of useful provisions and is generally to be welcomed but it contains one provision, clause 13, which would create a new offence of infringing a registered design punishable by 10 years imprisonment, an unlimited fine or both.  During the consultation on the proposed provisions of the Bill, Sir Robin Jacob a former Lord Justice of the Court of Appeal and now a leading academic lawyer who is regarded by most as the greatest authority on IP law of the age, objected strenuously to the propo...

Lord Younger, Former Minister for IP Crown Copyright, Open Government Licence In Digital Opportunity, A Review of Intellectual Property and Growth   Professor Ian Hargreaves made 10 recommendations for IP policy which I discussed at length in " IP Policy: Does Hargreaves say Anything New?"  24 June 2011. Some of those recommendations required primary legislation. Others did not.  As I said in my article, Hargreaves was not the first review of IP policy in recent years and most of the previous ones had been left to gather dust.   I suspected the same would happen to Hargreaves. Implementation of Hargreaves To my surprise and delight, Hargreaves's recommendations were accepted broadly by HM Government ( "HMG" ) (see  "The Government Response to the Hargreaves Review of Intellectual Property and Growth" Aug 2011).  Not only that but HMG actually started to consult on the recommendations and even to implement some of those that do not r...