NIPC Law

The Rubettes. (2022, July 18). In Wikipedia . https://en.wikipedia.org/wiki/The _Rubette s Licence CC BY 3.0 Jane Lambert Intellectual Property Enterprise Court (Ms Pat Treacy) Alan Williams Entertainments Ltd. and another v Clarke and others [1922] EWHC 1798 (IPEC) (13 Jully 2022) This was a dispute between former members of a rock group known as The Rubettes .  The   claimants were Alan Williams Entertainments Ltd. and one Alan Williams.  The company was owned by Mr Williams and his wife.  Mick Clarke and John Richardson, the first and second defendants, had performed with Mr Willians in the original band.   The third defendant, Steve Etherington. had joined the band later. The claimants claimed that the company (or alternatively the company and Mr Williams) owned the goodwill in the names "The Rubettes" or "The Rubettes featuring Alan Williams" ("the Rubettes' Names") in relation to live music events, merchandising, music sales and associated ...

Basher Eyre / Junction of Fetter Lane and Rolls Buildings Jane Lambert Patents Court (Mr Justice Birss)   Nicoventures Trading Ltd v Philip Morris Products, SA ( [2020] EWHC 1594 (Pat) (16 June 2020) This was an application by Philip Morris Products SA ("Philip Morris") to expedite the trial of an action that it had brought against British American Tobacco ("BAT") for the invalidation of European patents (UK) 3 398 460 and 3 491 944 for heated tobacco products which had been invented by John Howard Robinson and others ("the Robinson patents").  BAT resisted the application on the ground that the case for expedition had not been made out. However, there was also a contingent cross-application by BAT for expedition of the trial of an action that it had brought against Philip Morris for the invalidation of the Robinson patents and a counterclaim for the infringement of European patents (UK) 3 248 484, 3 248 486, and 3 248 483 for heated ...

Photo Michael Reeve Creative Commons Licence Jane Lambert On 16 June 2020 the Intellectual Property Office updated its Guidance on IP crime and enforcement for business .  Most of the Guidance in three attachments: IP crime and enforcement for businesses   The UK UP Crime Group , and  Record of damages awarded in IPEC SCT cases 1 April 2018 - 31 March 2019 "IPEC SCT" stands for "Intellectual Property Enterprise Court Small Claims Track. This is a tribunal for IP claims under £10,000 other than those involving patents, registered and registered Community designs, plant varieties and semiconductor topographies.   I have discussed this jurisdiction in Small IP Claims   and the articles linked to that page. The IP crime and enforcement for businesses attachment contains two videos.  One is entitled I P Rights Infringement Overview  and the other is How do I avoid infringing IP rights at work?    There are summa...

Author   Scott Foresman Jane Lambert Chancery Division (Mr Justice Arnold) Freshasia Foods Ltd v Jing Lu    [2019] EWHC 638 (Ch) 20 March 2019 This was a claim by an employer against its former employee for breach of restrictive covenants in his contract of employment, breach of confidence and infringement of copyright and database right.  I have already mentioned the facts of this dispute in Restrictive Covenants - Freshasia Foods Ltd v Jing Lu   11 Jan 2019.  On that occasion, Mr Daniel Alexander QC had to consider the claimant's application for an interim injunction to restrain those alleged breaches and infringements until judgment in the action or further order.  On 7, 8 and 11 March 2019, this action came on before Mr Justice Arnold for trial. The Facts As  I set out the basic facts and the covenants relied upon in my previous case note, there is no need for me to repeat them  Only two witnesses gave evidence...

Author : Pearson Scott Foresman Reproduced with kind permission of the copyright owner Source  Wikipedia Jane Lambert Chancery Division (Daniel Alexander QC)  Freshasia Foods Ltd v Jing Lu [2018] EWHC 3644 (Ch) The first intellectual property judgment of the New Year is Mr Daniel Alexander QC's  decision in Freshasia Foods Ltd v Jing Lu [2018] EWHC 3644 (Ch) (4 Jan 2019).  The learned deputy judge seems to have made his order on 19 Dec 2018 after a hearing that had taken place the previous day but he delivered the reasons for his order on 4 Jan 2019. The Dispute Mr Alexander described  Freshasia Foods Ltd . ("Freshasia") as "a UK registered company which supplies food products, particularly dumplings and sliced meats, to Chinese retail shops and restaurants." He added that it has between 100 and 200 employees, a turnover in the millions of pounds and about 500 customers in total in the UK and the EU. He n...

Intellectual Property Office Crown Copyright Reproduced courtesy of the IPO Jane Lambert Building the Evidence Base on the Performance of the UK Patent System   is a report written by the Economics, Research, and Evidence team of the Intellectual Property Office. It was published on 23 Aug 2017. The title of the report appears to refer to the first recommendation of Prof. Hargreaves's review of Intellectual property and growth (see Digital Opportunity   May 2011): "Evidence . Government should ensure that development of the IP System is driven as far as possible by objective evidence. Policy should balance measurable economic objectives against social goals and potential benefits for rights holders against impacts on consumers and other interests. These concerns will be of particular importance in assessing future claims to extend rights or in determining desirable limits to rights." It consists of 76 pages including covers and is divided into...

Rt. Hon. Theresa May MP Author: Home office Source: Wikipedia Creative Commons Licence Jane Lambert In her Lancaster House speech of the 17 Jan 2017 (the transcript of which can be found on The Independent's website ) the Prime Minister acknowledged that "Britain might at times have been seen as an awkward member state" However, there is one policy upon which we have always been impeccably  communautaire   That   has been the scheme to establish a single European patent for the territories of all the EU member states with a single European patent court. We were one of the few parties to ratify the Community Patent Convention  in 1975 shortly after we joined the EEC. Ever since then our government has participated constructively in deliberations and negotiations both for a Community patent within the framework of the EU (see Community Patent  on the Eur-Lex website) and a European patent litigation agreement ("EPLA") as an optional...