NIPC Law

Falls of Bruar Author  Yomangan Licence Public domain Source Wikimedia Jane Lambert Intellectual Property Enterprise Court (Miss Recorder Michaels)  Fairfax & Favor Ltd and others v The House Of Bruar Ltd and others [2022] EWHC 689 (IPEC) (25 March 2022) In Design ,  I wrote: "In everyday language, the word “design“ may refer to an article’s functions as in the design of a circuit, reactor or website or to its appearance as in the design of a dress, garden or piece of furniture. Obviously, the two are not mutually exclusive since the aerodynamic lines of a sports car or the span of a bridge can be things of beauty as well as feats of engineering. The law protects both functional and ornamental desig n." I added that the shape or configuration (whether internal or external) of the whole or any part of an article is protected from copying by a new intellectual property right known as “ design right”  and that new designs having individual character can be regi...

  Jane Lambert Intellectual Property Enterprise Court (Mr David Stone)  Lutec (UK) Ltd and others v Cascade Holdings Ltd and another [2021] EWHC 1907 (Pat) (09 July 2021) This case started as an action for the infringement of two registered Community designs , namely 000540927-0001 and  000540927-0002 . Before the action came on for trial, the transition or implementation period provided by art 126 of the agreement by which the UK withdraw from the EU expired.   The Senior Courts of England and Wales ceased to be Community design courts and registered Community designs ceased to apply to the UK.  Art 54 (1) (b) of that agreement provided for holders of registered Community designs to be awarded equivalent registered designs in the UK (see Jane Lambert  How Brexit has changed IP Law   17 Jan 2021 NIPC Brexit and Jane Lambert IP after Brexit   26 Jan 2021 Slideshare). Those registered designs are for "Interior lights, Exterior lights...

A Person using a Juul Device Author Sarah Johnson   Licence CC BY 2,0   Source Wikipedia Juul   Jane Lambert Patents Court (Mr Justice Mann)  Juul Labs, Inc and others v MFP Enterprises Ltd (t/a 'Smoke Nation' and others) [2020] EWHC 3380 (Pat) (10 Dec 2020) This was an application for summary as well as default judgment against defendants that had not acknowledged service of the claim form or particulars of claim .  Such applications are rare because CPR 24.4 (1) prohibits a claimant from applying for summary judgment until the defendant against whom the application is made has filed an acknowledgement of service or a defence unless the court has given permission or a practice direction provides otherwise. The circumstances in which a court may give permission were considered by Mr Justice Bryan in The European Union and another v The Syrian Arab Republic [2018] EWHC 1712 (Comm) (29 June 2018) and Mr Justice Hensaw in DVB Bank SE v Vega Marine Ltd a...

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...