Posts

Before going to China get your Tackle in Order here first

Image
Jane Lambert

The IPO has published details of the China IP Roadshow 2017 when our IP attaché, Tom Duke, will tour Scotland and the North of England between 18 and 20 Sept. My chambers are assisting with the Yorkshire leg of his tour and I can tell you that there have been a lot of enquiries and we are already into double figures with the bookings. If you want to attend the Leeds event call my clerk Steve on 020 7404 5252 or send him an email without delay.

Most British businesses do very well in China but things can go wrong sometimes. When they do, they can have repercussions here. That is where I come in.  Here are some of the problems that occasionally arise:
The British trade mark of a company that applies to register that mark in China is opposed, invalidated or revoked;A company that imports goods from China for distribution in the UK finds that its supplier has no or insufficient legal protection for those goods here;A British distributor that imports goods made to its order in C…

IP Rights in China

Image
Jane Lambert
Some homework for those who are coming to hear our IP attaché, Tom Duke, speak about Succeeding in China - How to mitigate IP risk in Barnsley, Edinburgh, Glasgow, Leeds, Liverpool, London or Manchester this September.

The Intellectual Property Office has produced a very helpful guide entitled Intellectual property rights in China.  A quick read of this guide before he speaks will enable you to make the most of Mr Duke's talk, especially if you are new to the subject.

Although our law differs from China's in detail the basic concepts are the same because China is a member of many of the same international agreements to which we belong. Thus patents protect new inventions. trade marks brands, copyrights literary and artistic works and so on. But there are some rights in Chima that do not exist in our law such as utility models and vice versa. Also, they can enforce IP rights through administrative measures as well as by civil litigation.

For many years technology t…

My Contribution to Helen Tse's "Doing Business After Brexit"

Image
Doing Business After Brexit A Practical Guide to the Legal ChangesBy:Helen Tse

Jane Lambert

Yesterday the Rt Hon David Davis MP introduced the European Union (Withdrawal) Bill into the House of Commons and his Department announced a flurry of position papers and guidance on the Bill. On the same day, The Commission's Taskforce on Art 50 Negotiations published an even bigger pile of position papers ranging from atomic energy to parallel imports. There could not be a better time for the publication of Doing Business After Brexit, a practical but comprehensive guide to the legal changes edited by Helen Tse.

The book consists of 13 chapters covering every area of law covering everything from Commercial Contracts to Tax. I have contributed the chapter on Intellectual Property and Data Protection.  I have written it in the way that I write this blog, with the business owner or manager very much in mind. On 29 March 2019, a massive corpus of legislation and case law will cease to be part …

UPC Ratification Update: July 2017

Image
Jane Lambert


In my June UPC Ratification Update 5 June 2017 I wrote:

"There is every chance that the Court will open its doors before the end of this year."

Famous last words! Two days later the UPC Preparatory Committee wrote that "the previously announced target date for the entry into operation of the UPC, envisaged for December 2017, cannot be maintained" (seeUPC – Timetable Update – June 20177 June 2017 UPC website).

For once it is not out fault. Even though we are negotiating terms for exiting the European Union (see Brexit Briefing June 201730 June 2017 NIPC News) we remain on course to ratify the UPC Agreement well before we go. The last legislative hurdle is the ratification of the Protocol on Privileges and Immunities of the Unified Patent Court and that will be done by The Unified Patent Court (Immunities and Privileges) Order 2017 a draft of which has been laid before Parliament together with an explanatory memorandum.

The holdup seems to have been caus…

Brexit Briefing June 2017

Image
Standard YouTube Licence

Jane Lambert


A lot has happened since my last Brexit briefing in January 2017:

HMG has published its white papers on exiting from, and new partnership with, the European Union and its "great repeal bill";The Prime Minister sought unsuccessfully to take advantage of a massive lead in the opinion polls to increase her parliamentary majority in order to strengthen her hand in the Brexit negotiations;Negotiations have commenced between the British government and the EU and terms of reference have been agreed;The Commission's Art 50 Task Force has created a very useful microsite on the Brexit negotiations with some very useful publications including position papers on ongoing judicial and administrative procedures and  Judicial Cooperation in Civil and Commercial Matters;The Queen's speech has survived an amendment requiring the UK to remain in the customs union and single market but not without a substantial rebellion on the Labour benches and the …

Mrs. May is right - sometimes a bad deal really is worse than no deal

Image
Jane Lambert

It is hard not to feel a little bit sorry for Mr Ray Dorset, the lead singer of Mungo Jerry, whose case I discussed yesterday in Music and Entertainment Law: Music Contracts - Editions Musicales Alpha S.A.R.L. v Universal Music Publishing Ltd and Others28 June 2017 NIPC Law. Mr Dorset wrote the words of the hit song Alright, Alright, Alrightfromwhich he might reasonably have expected a shed load of money as it reached number 3 in the charts. Instead, he has been ordered to pay £33,600 plus costs to a company run by a former business associate of his former manager.  It could have been even worse for Mr Dorset as a claim by that company against him for breach of contract might well have succeeded.

So how did he find himself in that position?  Well, his first problem was that he tried to record a song without first getting the permission of the company that owned the copyright in the music to do so.  It should have been easy enough to obtain that permission. The tune had al…

What is the Midlands Engine and how does it affect IP?

Image
Jane Lambert

I have started a Midlands Engine resource page in NIPC East Midlands that is similar to the Northern Powerhouse resource page in IP Northwest.  The term is used in relation to a set of initiatives that were announced by Philip Hammond MP, the Chancellor of the Exchequer, in The Midlands Engine Strategyon 9 March 2017. There is also a Midlands Engine Partnership with a website and a number of publications.

As to the relevance to IP, I wrote:

"The support of enterprise and innovation should result in the creation of more inventions and other intellectual assets as well as funding for development and marketing. Licences will be required to deploy technologies that will improve connectivity and raise productivity."

I have begun a short bibliography which includes my article on The Midlands Engineof 7 Dec 2015 NIPC East Midlands.

Call me on +44 (0)20 7404 5252 or send me a message on my contact form for further information,