NIPC Law

Jane Lambert Court of Appeal (Lord Justices Floyd and Arnold and Lady Justice Nichola Davies) Genentech Inc v Comptroller and Master Data Center v Comptroller   [2020] EWCA Civ 475 (31 March 2020) These were appeals from the decision of Mr Recorder Campbell QC in Master Data Center, Inc v Comptrolle r [2020] EWHC 572 (Pat) (11 March 2020) which I blogged in Supplementary Protection Certificates - Master Data Center, Inc v The Comptroller   on   18 March 2020.  The cases are remarkable for the speed with which they progressed from the hearing officer to the Court of Appeal.  They were before Mr  Micklewright on 21 Feb 2020 (see  R e Genentech, Inc. and Master Data Center, Inc . BL O/111/20 21 Feb 2020), Mr Campbell on 4 March 2020 and the Court of Appeal on 26 of that month ( Genentech Inc v Comptroller and Master Data Center v Comptroller [2020] EWCA Civ 475 (31 March 2020).   The cases are also remarkable for being...

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...

Scotland's position in the British Isles, Europe and the World Source Wikipedia In "What would an independent Scottish government do about Intellectual Property?"  I discussed what the Scottish government said it would do about intellectual property if Scotland seceded from the United Kingdom. Today I will consider what the white paper did not say. The Current Situation Scotland like the rest of the UK protects intellectual assets (brands, designs, technology and works of art and literature) by a bundle of laws some of which derive from statute such as patents, copyrights and trade marks, some from European Union regulations such as Community designs and trade marks, and some such as confidentiality and passing off from common law. Some of those rights have to be registered with the Intellectual Property Office in Newport, others with the Office for Harmonization in the Internal Market ( "OHIM ) and European patents wit...

In "The End of Mediation?"  which I posted on 4 June 2012 I wrote that the IPO was thinking of discontinuing its mediation service because it had conducted only 13 mediations in the previous 5 years and only one in the last year.  That was not because the IPO service was expensive or because it was rubbish. I had used it in 2009 and was very satisfied (see "Practice: Mediation in the IPO" 2 Oct 2009). Nor did it appear that mediation work was going elsewhere. In my article I ventured some suggestions as to why mediation of intellectual property disputes seemed to be going out of style. At least in England and Wales. "I think there are a number of explanations for the low take up of the IPO's mediation service. First, commercial and litigation solicitors tell me that they are getting far less intellectual property work nowadays. Getting rid of employees and getting out of commitments such as shareholders; agreements and partnerships seem to be the m...