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Showing posts from January, 2017

Intellectual Property Dispute Resolution in the UK

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First Published 2 Nov 2011 JD Supra, Revised 30 Jan 2017

Essentially, there are two ways of resolving any kind of dispute:
the parties can agree to settle; or a third party, such as a judge, arbitrator or hearing officer, imposes a settlement on them.  They are not mutually exclusive. Some issues in a dispute may be settled by one method while other issues may be settled by another.

Agreed Settlement

There are two routes to an agreed settlement:
Direct negotiation between the parties; orMediation, that is to say, negotiation facilitated by a third party known as “a mediator”. There are also two negotiation strategies, namely positional and principled negotiation. Mediation developed out of principled negotiation.

Direct Negotiation
Positional Negotiation:  The parties bargain. One side begins by demanding more than it expects to get while the other offers less than it expects to give. In subsequent exchanges, the parties edge towards each other until they strike a deal. In the intellectua…

Reading List 29 Jan 2017

An English Speaking Commercial Court in the Netherlands

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Jane Lambert

In Paper 2 of the Brexit papersAccess to the EU legal services market The Bar Council Brexit Working Group reminded us that "the UK legal services market is a significant revenue generator for the Exchequer, worth £25.7 billion in total, employing approximately 370,000 people. Much of its work comes from overseas:
"In 2015, of the 1,100 cases registered at the Commercial Court, more than two-thirds had one non-UK based party to proceedings." That would probably be true of the Patents Court where the world's leading pharmaceutical and consumer electronics companies settle their disputes and to a large extent the Intellectual Property Enterprise Court. Net exports of legal services generated an estimated £3.3 billion in 2015.

Even though it is more expensive to litigate in common law countries than in most civil law jurisdictions businesses still come to London because proceedings are in English and the UK is in the European Union which facilitates the en…

Brexit IP Briefing January 2017

Jane Lambert

There have been four important developments since I delivered IP Planning for Brexitto an invited audience of specialist solicitors and patent and trade mark attorneys in chambers on 7 Dec 2016.

First, the Bar Council published a set of papers that had been contributed by the specialist bar associations on the legal issues arising from Brexit and coordinated by Hugh Mercer QC's Brexit working group under the title The Brexit Papers.  In a foreword, the Chair of the Bar explained that the purpose of those papers was

"to help the Government evaluate a range of pressing public interest concerns arising from the UK’s decision to withdraw from the EU. These include such matters as cross-country co-operation for the speedy arrest of suspects, child protection across the EU, ensuring firms of all sizes can compete and trade profitably, managing changes to intellectual property law so that our creative industries can flourish, and maintaining current levels of consumer pr…