NIPC Law

  Jane Lambert Chancery Division (Iain Purvis QC) Semtech Corporation and others v Lacuna Space Ltd and others [2021] EWHC 1143 (Pat) (5 May 2021) This was a challenge to the court's jurisdiction by two former employees of the third claimant under art 22.1 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 ("the Brussels Recast Regulation) .  That article provides that an employer may bring proceedings against its employee only in the courts of the Member State in which the employee is domiciled.  The application came on before Mr Iain Purvis QC sitting as a deputy judge of the High Court on 30 April 2021.  At para [75] of his judgment in  S emtech Corporation and others v Lacuna Space Ltd and other s [2021] EWHC 1143 (Pat) (5 May 2021), the learned deputy judge found that he had...

Author  Brianboru100   Licence  CC BY-SA 3.0   Source  Wikipedia  University of Birmingham Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Ukoumunne v The University of Birmingham and others [2020] EWHC 2927 (IPEC) (4 Nov 2020) This was an application by the University of Birmingham and three of its academics to strike out claims for breach of confidence and breach of contract that had been launched against them by one of their graduate students. These are the causes of action that survived an earlier strikeout application which I discussed in  Copyright - Ukoumunne v The University of Birmingham   on 20 Feb 2020. The claim had been for breach of confidence, breach of contract, copyright infringement, professional negligence, racial harassment, bullying, sex discrimination and loss of earnings.  The claimant had complained that the University's lecturers had plagiarized her work in a book and articles that had...

Anthony M. Rome,  - Flickr, CC BY 2.0,  Source   Jane Lambert Court of Appeal (Lords Justices Davis, Arnold and Popplewell)  Shenzhen Senior Technology Material Co Ltd v Celgard, LLC (Rev 1) [2020] EWCA Civ 1293 (9 Oct 2020) This was an appeal from Mr Justice Trower's decision in    Celgard, LLC v Shenzhen Senior Technology Material Co Ltd [2020] EWHC 2072 (Ch) (30 July 2020) which I discussed in  Trade Secrets - Celgard, LLC v Shenzhen Senior Technology Material Co Ltd . on 31 July 2020. The action was for breach of confidence and infringement of Directive (EU) 2016/943 ("the Trade Secrets Directive") .  The claimant, Celgard LLC, had obtained from Mr Justice Trower an interim injunction and permission to serve process on Shenzhen Senior Technology Material Co Ltd. ("Shenzhen") outside the jurisdiction. Shenzhen appealed on the ground that the judge had been wrong to hold that there was a serious issue to be tried and that England was the appro...

Author Hydragyrum Reproduced with kind permission of the copyright owner Source Wikipedia Jane Lambert Chancery Division (Mr Justice Snowden)  Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd and others   [2017] EWHC 2600 (Ch) In Denmark there was once a game show called "Minute Winner" which was devised by a Mr Derek Banner. Mr Banner claimed to have assigned his rights in the format for the game show to a company that he had set up called Banner Universal Motion Pictures Ltd. ( "BUMP" ). The rights  that BUMP claims to have acquired were essentially copyright in a document entitled "MINUTE WINNER Mini-format Game show Daily or weekly show. Or short one minute between main programs. Morning, Evening or Afternoon program. One minute, or 30 minutes with several winnings" and the benefit of an obligation of confidence under Swedish and English trade secrecy laws. The obligation of confidence is s...