Showing posts from August, 2018

British Accession to the Hague Agreement

WIPO Author Jane Lambert} © 2004 All rights reserved Jane Lambert On 13 March 2018 the British government deposited with the Director General of the World Intellectual Property Organization ("WIPO") an instrument of ratification  o f the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs  ("the Hague Agreement").  The deposit of that instrument enabled the UK to join the Hague system for the registration of industrial designs from 13 June 2018.  The Hague system allows businesses to register up to 100 designs in 69 countries in a single application. The Hague system is not entirely new to British business as the European Union has been party to the Hague Agreement since 1 Jan 2008.  The EU's participation in the Hague system works well for businesses that want to protect their designs throughout the whole EU as well as other parties to the Hague Agreement but Community design registra

Passing off - The Military Mutual Ltd v Police Mutual Assurance Society Ltd

Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  The Military Mutual Ltd v Police Mutual Assurance Society Ltd and other s [2018] EWHC 1575 (IPEC) (22 June 2018) The claimant arranges insurance and mortgages for past and present members of the armed forces.  On the "About Us" page of its website, it describers itself as "a Mutual set up to provide fair, financial services such as Home, Landlord, Military Kit and Business cover to those who are serving, veterans, families and supporters of our armed forces." Note the use of the big letter "M" in mutual,  That is a big part of the company's ethos.  It says that its "manifesto is very simple: always do the right thing for our Members."  The company has no shareholders or employees and is led in the main by retired senior officers who describe themselves as "customers and Members".  Anybody who acquires a policy or mortgage through the claimant compa

Using the DIFC Small Claims Tribunal for Design Disputes

Jane Lambert A press release issued by the Dubai International Financial Centre Courts caught my eye with the headline "Designer Courts" . It referred to a cooperation agreement between the Dubai Design and Fashion Council and the Dubai Dispute Resolution Authority which was signed on 15 March 2017 "to pave the way for wider adoption of the English language, international law courts system by Dubai’s fast-developing design and fashion sector."    More

Copyright: MEI Fields Designs Ltd v Saffron Cards and Gifts Ltd

Junction of Fetter Lane and Rolls Building Author Basher Eyre Licence Creative Commons Attribution Share Alike 2.0 Generic Source Wikipedia Jane Lambert Intellectual Property Enterprise Court (Mr David Stone)  MEI Fields Designs Ltd v Saffron Cards and Gifts Ltd and another [2018] EWHC 1332 (IPEC) (6 June 2018) This was an action for the infringement of copyright with a counterclaim for a declaration of non-infringement.  The copyrights in question subsisted in artwork for greetings cards that had been created by Mel Fields ( "Mrs Fields" ). The  main issue in this case was over who owned those copyrights rather than whether they had been infringed. Indeed, Mr David Stone, the deputy judge who tried the action and counterclaim remarked at para [19] of his judgment:  "unusually for a copyright case, I was never actually taken to the allegedly infringing cards at issue in these proceedings." The Facts Mrs Fields worked as design direc

Brexit Briefing - July 2018

Plage de la Coutarde Author  Baptiste Rossi Copyright waived by the author Source  Wikipedia Jane Lambert A lot happened in July. First, the resignations of the Rt Hon David Davis MP, the Rt Hon Boris Johnson MP and a number of other ministers. Secondly, the publication of white papers on  The Future Relationship between the United Kingdom and the European Union   and  Legislating for the Withdrawal Agreement between the United Kingdom and the European Union .    Thirdly, the Prime Minister and her ministers have visited the capitals of other EU member states to canvass support for the future relationship white paper's proposals. Finally, active preparations have begun here and in the rest of the EU for the UK's withdrawal from the EU without a withdrawal agreement.    More

Business to Business Collaboration Agreements

Manchester Central Library Author Mike Peel Licence Creative Commons Attribution Share Alike 4.0 International Source Wikipedia Jane Lambert According to the Intellectual Property Office's Facts and Figures   for 2016 and 2017, 24 out of the 38 inter partes disputes that came before the Office's tribunals arose from disputes over ownership of inventions.   This can be an expensive and time consuming process as I explained in Disputes over Ownership of Inventions  6  Aug 2015 NIPC Southeast.  Disputes over ownership of other intellectual property  ("IP") rights result in infringement actions like MEI Fields Designs Ltd v Saffron Cards and Gifts Ltd and another [2018] EWHC 1332 (IPEC) (6 June 2018) which I discussed in Copyright: MEI Designs Ltd. and Saffron Cards and Gifts Ltd . 8 Aug 2018. Many of those disputes arise out of collaboration between different business entities where no or insufficient attention  was paid to such questions as wh