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Showing posts with the label arbitration

The Appeal in Acer v Nokia

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  Acer Building Nokia’s Head Office Author Solomon203 Licence CC BY-SA 3.0 Source Wikimedia Commons Author pikkuanna Licence CC BY-SA 2.0 Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Jackson, Arnold and Zacaroli)  Acer Inc and Another v Nokia Technologies OY [2026] EWCA Civ 564 (12 May 2026) This was an appeal by Nokia Technologies OY ("Nokia") against the order of Mr Justice Mellor in  Acer Inc. and others v Nokia Technologies OY [2025] EWHC 3331 (Pat) of 18 Dec 2025 rejecting Nokia's challenge to the jurisdiction of the English courts, refusing a stay on case management grounds and granting some interim licence declarations that had been sought by Acer Inc. and Acer UK Limited ("Acer") and Asustek Computer Inc. and Asus Global Pte Ltd. ("Asus"). The Parties Nokia owned or had rights to license a portfolio of patents with claims that have been declared essential to the International Telecommunication Union Telecommunicatio...

Arbitration - S3D Interactive Inc. v Oovee Ltd.

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London Court of International Arbitration Author Mar9254   Licence CC BY-SA 4.0   Source Wikimedia Commmons   Jane Lambert Court of Appeal (Lords justices Lewison, Popplewell and Birss) S3D Interactive Inc v Oovee Ltd [2022] WLR(D) 516, [2022] EWCA Civ 1665 This was an appeal against the decision of Mr Justice Butcher to enforce a peremptory order of an arbitrator under s.42 of the Arbitration Act 1996 notwithstanding the appellant's contention that the arbitration agreement had been repudiated. The parties managed to resolve their differences after the appeal was heard but before judgment was delivered.  Because of public interest in the issue, their lordships stated how they would have decided the appeal had it not been settled.  Arbitration In "What is Arbitration"  the World Intellectual Property Organization  defined arbitration as  "a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who mak...

The Effect of an Arbitration Clause in a Trade Mark Coexistence Agreement on IP Litigation - Lifestyle Equities CV and another v Hornby Street and others

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Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Lifestyle Equities CV and another v Hornby Street (MCR) Ltd and others [2020] EWHC 3320 (IPEC) (30 Nov 2020) The first claimant has registered the following sign in the EU and UK as trade marks for clothes and various other goods. The second claimant is its exclusive licensee. They have brought proceedings in the Intellectual Property Enterprise Court ("IPEC")  alleging trade mark infringement and passing off arising from the use of the following mark in the UK: Disputes had arisen between the previous owners of the Beverly Hills mark and the registered proprietor of the Santa Barbara mark,  These were settled in 1997 by a co-existence agreement which was governed by California law.  Clause 7 of that agreement contained the following provision: "Any controversy, dispute or claim with regard to, arising out of, or relating to this Agreement, including but not limited to its scope or meaning, breach,...

WIPO Conference "As the UDRP turns 20: looking back, looking ahead"

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Standard YouTube Licence Jane Lambert When I was a graduate student at UCLA in the early 1970s I wanted to consult a book. I learned that it was not in our library but that it might be at Berkeley.   I filled out a simple form which someone typed into a keyboard,  Not long afterwards I received a reply.  At the time I was not very impressed because the same result could have been achieved by telex or even telegram. Since then I have learned about DARPA  and discovered that some of the early work on what is now the internet was carried out at UCLA at about the time I was there.  It has occurred to me that I may have sent one of the world's first emails. About 15 years later I was definitely sending and receiving emails because I had subscribed to Telecom Gold . I had installed a dedicated telephone line to my chambers at 72 Bridge Street in Manchester and bought a dial-up modem which I connected to my Amstrad 8256  computer.  The modem was very...

Can a business recover compensation if a state fails to protect its intellectual assets? The decision in Eli Lilly & Co. v Canada suggests "maybe".

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Downing College, Cambridge Photo I Hunte r Reproduction licensed by the copyright owner Source Wikipedia Jane Lambert Case No. UNCT/14/2  Eli Lilly & Co. v Government of Canada, (16 March 2017) ICSID At 10:00 on 17 Aug 2017 I shall give a talk to the IP Summer School at Cambridge entitled  Bilateral Investment Treaties & Exporters' Rights Post-Brexit .   If you want to hear it there is still space on the course.  There are lots of distinguished speakers  who will speak on many other interesting topics . There will also be an exhibition, reception and other social events.  You can book your place  here . Why this is topical The reason I have been asked to speak on the topic is that "securing new trading agreements with other countries" is one of the objectives announced in the Brexit white paper . Unfortunately, many of the countries that we might wish to approach are on the US Trade Representative's watc...