NIPC Law

Supreme People's Court of the Peoples' Republic of China Author ONUnicorn   Licence CC BY-SA 3.0   Source Wikimedia   Common   J ane Lambert Patents Court (HH Judge Hacon)  Nokia Technologies OY and another v Oneplus Technology (Shenzhen) Co., Ltd and other s (Rev1) [2021] EWHC 2952 (Pat) (4 Nov 2021) This was an application to HH Judge Hacon sitting as a judge of the Patents Court to set aside service of patent infringement proceedings on defendants that had been incorporated in China and to stay the action against the defendants that had been incorporated here to abide the outcome of proceedings in China to determine the terms of a FRAND licence for the claimants' patent portfolio on the basis that China was the more appropriate forum.  Alternatively, a stay of the whole action or at least the determination of the licence terms was sought on case management grounds.        The applicants contended that the circumstances that had led to...

Konstantin von Wedelstaedt [GFDL 1.2 (http://www.gnu.org/licenses/old-licenses/fdl-1.2.html) or GFDL 1.2 (http://www.gnu.org/licenses/old-licenses/fdl-1.2.html)] Jane Lambert Chancery Division (Mr Justice Birss)  Performing Right Society Ltd v Qatar Airways Group QC S [2020] EWHC 1872 (Ch) (17 July 2020) This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management.  The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant's aircraft infringe the copyright laws of the countries in which those aircraft are present at any one time.   The application came on before Mr Justice Birss on 18 June 2020.   He handed down his judgment in  Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 on 17 July 2020. Referring to Lord Goff's speech in  Spiliada ...

Standard YouTube Licence Jane Lambert Outer House, Court of Session (Lord Doherty) The University Court of the University of St Andrews v Student Gowns Ltd  [2019] CSOH 86, [2019] ScotCS CSOH_86 This was a challenge to the jurisdiction of the Scottish courts by Student Gowns Ltd. ("Gowns") .  Gowns is an English company carrying on business from premises in London. In 2018 it marketed a red gown to undergraduates of the United College of St. Salvator and St Leonard  in the University of St. Andrews through its website and on Google and Amazon and a roadshow in St Andrews.  The University Court of the University of St Andrews  ("the Court"), the governing body of the University and proprietor of the registered trade marks UNIVERSITY OF ST. ANDREWS , ST ANDREWS UNIVERSITY and THE UNIVERSITY OF ST. ANDREWS, brought proceedings against Gowns in the Outer House of the Court of Session for infringement of those marks and passing off. In its defence, Gowns a...

Huawei's Head Office Author: Dr Bernd Gross Licence  Copyright waived by the owner Jane Lambert Patents Court (Mr Justice Henry Carr)  Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others   [2018] EWHC 808 (Pat) Although the precise relief sought in these proceedings is not mentioned in this judgment, it must have been a strike out or stay of a claim for patent infringement.  The applicants were the Chinese companies,  Huawei Technologies Co. Ltd . ("Huawei") and the ZTE Corporation  ("ZTE") and their respective British subsidiaries which are defendants to a claim by  Conversant Wireless Licensing S.A.R.L ("Conversant") for patent infringement. The patents alleged to have been infringed are part of a worldwide portfolio that Conversant has offered to license on FRAND (fair, reasonable and non-discriminatory) terms. I discussed such licences in FRAND   on   8 Oct 2017 and FRAND - a...