NIPC Law

Photo:  Myrabella  /  Wikimedia Commons  /  CC BY-SA 3.0 Jane Lambert Patents Court  (HH Judge Hacon) Ablynx NV and another  v Vhsquared Ltd and others [2019] EWHC 792 (Pat) (29 March 2019) In  Litigating in London after Halloween   26 July 2019 NIPC Brexit, I discussed the likely consequences of the intended repeal of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters OJ L 351, 20.12.2012, p. 1–32 if the Johnson administration withdraws the United Kingdom from the European Union without a withdrawal agreement in accordance with art 50 (2) of the Treaty of European Union.  One Richard de Vere  wrote: "I almost feel silly asking, I read the blog twice and it’s not through a lack of trying... but can you simplify this and give some examples of how it will impac...

Jane Lambert S.39 (1) of the Patents Act 1977 provides: "Notwithstanding anything in any rule of law, an invention made by an employee shall, as between him and his employer, be taken to belong to his employer for the purposes of this Act and all other purposes if - (a) it was made in the course of the normal duties of the employee or in the course of duties falling outside his normal duties, but specifically assigned to him, and the circumstances in either case were such that an invention might reasonably be expected to result from the carrying out of his duties; or (b) the invention was made in the course of the duties of the employee and, at the time of making the invention, because of the nature of his duties and the particular responsibilities arising from the nature of his duties he had a special obligation to further the interests of the employer's undertaking." S.39 (2) provides that any other invention made by an employee shall, as between him...

The most remarkable aspect of Unilever Plc v S C Johnson & Son Inc [2012] EWPCC 19 (25 May 2012) is that this action took place in the Patents County Court rather than the Patents Court or before the Comptroller.  As the Patents County Court Guide notes at paragraph 1.3 "the Patents County Court was established to handle the smaller, shorter, less complex, less important, lower value actions and the procedures applicable in the court are designed particularly for cases of that kind. The court aims to provide cheaper, speedier and more informal procedures to ensure that small and medium sized enterprises, and private individuals, are not deterred from innovation by the potential cost of litigation to safeguard their rights." Judge Birss QC remarked at paragraph [4] of his judgment: "One might ask whether a case between two multinational corporations is suitable for the PCC. Since neither side suggested the matter should be transferred, the question did not arise. I c...

Jane Lambert Revised 27 Oct 2017 This appeal was a rare inventor’s compensation case. S.7 (2) (a) of the Patents Act 1977 provides that a patent for an invention may be granted primarily to the inventor or joint inventors. However, this provision is trumped by paragraph (b) where a person by virtue of any enactment or rule of law or by virtue of an enforceable term of any agreement entered into with the inventor before the making of the invention was at the time of the making of the invention entitled to the whole of the property in it (other than equitable interests) in the United Kingdom. Such a person would typically be the inventor’s employer either by virtue of an express term in the inventor’s contract of employment or s.39 of the Patents Act 1977. If the inventor is employed in a capacity in which he or she is likely to invent something such as a member of a research and development team in a private company or other institution he or she will be paid a...