NIPC Law

Sir Richard Arnold Author Dakej2point3   Licence CC BY-SA 4.0  Deed   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lord Justices Lewison, Arnold and Birss) Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024) Yesterday I discussed the Court of Appeal's judgment in  Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r  (Rev1) [2024] EWCA Civ 262 (19 March 2024) in Trade Marks - The Appeal in Lidl v Tesco .  I explained that Lord Justice Arnold had delivered the lead judgment which consisted of 196 paragraphs.  He set out the grounds of the appeal by Tesco Stores Ltd and Tesco Plc ("Tesco") against Mrs Justice Joanna Smith's findings on trade mark infringement and passing off at para [122] and its grounds of appeal against her findings on copyright infringement at para [188]. Paras [123] to [161] addressed the appeal against the judge's findings on passing off, para...

Author Thewub   Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Mellor) Anan Kasei Co. Ltd and another v Neo Chemicals & Oxides (Europe) Ltd and others [2021] EWHC 1972 (Pat) (13 July 2021) Much of the expense of civil litigation in England and Wales arises from disclosure and inspection of documents.  "Disclosure" means stating whether a document exists or has existed.  With a number of exceptions.  CPR 31.3 (1) entitles a party to whom a document has been disclosed to inspect that document. Unless the court orders otherwise, each party must disclose the documents on which it relies and the documents that adversely affect its own case, adversely affect or support another party’s case or documents that are required to be disclosed by a relevant practice direction (see  CPR 31.5 (1) (b) and CPR 31.6 ).  "Document" for these purposes means "anything in which information of any descript...

Author Unknown employee of or contractor to  US govt Dedicated to the public. Jane Lambert Chancery Division (Me David Stone)  International Pipeline Products Ltd v IK UK Ltd and others [2020] EWHC 1602 (Ch) (24 June 2020) This was an application by several defendants to a claim for breach of contract, conspiracy, breach of confidence and patent, copyright and unregistered design right infringement for security for costs.  It was heard by Mr David Stone sitting as a deputy judge of the High Court on 1 May 2020. He gave an extemporary judgment on the day of the hearing and delivered detailed reasons on 24 June 2020. CPR 25.12 (1 ) provides: "A defendant to any claim may apply under this Section of this Part for security for his costs of the proceedings." The costs of civil litigation in the UK can be eye-watering.  It is bad enough to be sued in this country in the first place.  What makes it worse is being unable to recover...

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...