NIPC Law

Author Basher  Eyre Licence CC BY-SA 2.0   Source Wikimedia Commons   Jane Lambert Patents Court (Campbell Forsyth)  Safestand Ltd v Weston Homes Plc and others [2023] EWHC 1098 (Pat) (10  May 2023) A fundamental principle of civil litigation in England and Wales is that each party discloses to the other(s) any and all documents in his or her possession, custody or control that relate(s) to an issue in the proceedings.  An important exception is that documents that are prepared for the purpose of litigation do not have to be disclosed because they are protected by legal professional privilege.  The concept of "legal professional privilege" is explained conveniently by this  anonymous article dated 30 Aug 2022 on the Law Society website. Legal Professional Privilege and Experiments In patent proceedings, parties often carry out experiments to prove or disprove facts that may be in issue.  Those experiments are covered by legal professional ...

Royal Courts of Justice Author DCastor   Public Domain Dedication   Source Wikipedia, Royal Courts of Justice Jane Lambert Chancery Division (Mr Justice Miles) Capitol Records and others v British Telecommunications Plc and others [2021] EWHC 409 (Ch) (25 Feb 2021 This was an application by representatives of the British sound recording industry for an order under s.97A of the Copyright, Designs and Patents Act 1988 requiring the 6 largest internet service providers in the UK accounting for 91% of the fixed-line internet market to block their subscribers' access to a website known as "NitroFlare" on the grounds that that site infringed the claimants' copyrights on a massive scale.  The application came on before Mr Justkce Miles on 3 Feb 2021. In  Capitol Records and others v British Telecommunications Plc and others [ 2021] EWHC 409 (Ch), which he handed down on 25 Feb 2021, he grated the claimants' application. The Legislation S.97A provides: "(1) The Hig...

Jane Lambert Patents Court (Mr Recorder Campbell QC)  Shenzhen Carku Technology Co Ltd v The Noco Company [2020] EWHC 2104 (Pat) (24 July 2020) Last year, Prof Frederick Mostert and I were commissioned by the World Intellectual Property Organization ("WIPO") to report on IP enforcement measures especially anti-piracy measures in the digital environment. We presented our Study  to the Advisory Committee on Enforcement on 3 Sept 2020 and you can see our presentation as well as the rest of the day's proceedings on the recordings of the morning  and afternoon sessions. One of our findings is that rights holders are moving away from the courts to the application of voluntary measures by intermediaries. There are many reasons for that.  The cost of litigation is continuing to rise, particularly in common law countries.  Wrongdoers can keep a low profile when dealing over the internet making it difficult to identify and serve them.  It is ...