How to stop your business leaving the building… – Technology Law Update

‘The nightmare scenario. Your co-directors leave and set up a competing business. They lure employees to join them and use your systems and processes to create a copycat product or service. What can you do?’

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Technology Law Update, 27th May 2015

Source: www.technology-law-blog.co.uk

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Tobacco companies prepare multi-billion compensation claims over UK plain packaging – Daily Telegraph

Posted May 22nd, 2015 in compensation, EC law, intellectual property, news, smoking, trade marks by sally

‘Tobacco companies are preparing to launch what could be one of the biggest ever legal claims against the British Government for losses as a result of the introduction of plain packaging for cigarettes.’
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Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk

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What to do about the new Practice Direction – Pre-Action Conduct – NIPC Law

‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’

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NIPC Law, 6th May 2015

Source: www.nipclaw.blogspot.co.uk

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Wrapped up: Everseal Stationery Products Ltd v Document Management Solutions Ltd – NIPC Law

Posted May 6th, 2015 in intellectual property, news, patents by sally

‘Not all patented inventions are high tech. The title of the patent in Everseal Stationery Products Ltd v Document Management Solutions Ltd. and Others [2015] EWHC 842 (IPEC) (1 April 2015) was “Mailer with self-adhesive closure”.’

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NIPC Law, 5th May 2015

Source: www.nipclaw.blogspot.co.uk

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Senior judge says the UK needs a new Copyright Act – OUT-LAW.com

Posted April 30th, 2015 in copyright, EC law, intellectual property, internet, judges, legislation, news, speeches by sally

‘The UK government should create a new Copyright Act to address changes in technology, developments internationally and in the EU and a range of problems and issues that have arisen with existing UK copyright laws since they were introduced in 1988, a senior judge has said.’

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OUT-LAW.com, 29th April 2015

Source: www.out-law.com

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Government accepts case to exempt lawyers from ‘groundless threats’ laws – Legal Futures

‘Lawyers who act on instructions in threatening potential intellectual property infringers with action are to be exempt from being sued when the threat turns out to be groundless, after the government recently gave the go-ahead for law reforms.’

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Legal Futures, 13th April 2015

Source: www.legalfutures.co.uk

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Jeremy Phillips talks to Law Vox – OUP Law Vox

Posted March 25th, 2015 in copyright, human rights, intellectual property, news, patents by sally

‘George Miller introduces leading experts from a wide variety of disciplines to discuss significant aspects of their respective fields in a series of accessible and stimulating discourses.George Miller introduces leading experts from a wide variety of disciplines to discuss significant aspects of their respective fields in a series of accessible and stimulating discourses.

Jeremy Phillips – Intellectual Property Consultant, Olswang, London; Professorial Fellow at the Queen Mary Intellectual Property Research Institute. Editor of Journal of Intellectual Property Law & Practice
An Honorary Research Fellow of the Intellectual Property Institute and Professorial Fellow, Queen Mary Intellectual Property Research Institute, Professor Phillips has held positions in several leading academic institutions. He is the founder editor of the Journal of Intellectual Property Law & Practice and is also blogmeister of the IPKat and other weblogs.

In this podcast Jeremy outlines the field of IP law and how it was seen at the start of his intellectual property law career. Jeremy discusses how intellectual property evolved and grew to encompass many different features. He talks about how intellectual property interacts with the commercial world, including copyright in books and patents in pharmaceuticals, and how intellectual property law works in tandem with human rights law, and he also describes how the practical application of intellectual property works, and how human behaviour influences this.’

Listen

OUP Law Vox, 22nd March 2015

Source: www.soundcloud.com/oupacademic

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“Supreme” caution required when applying “double identity” rule – RPC IP Hub

Posted March 19th, 2015 in intellectual property, news, trade marks by sally

‘A recent High Court decision1 not only demonstrates the difficulty for trade mark owners in enforcing descriptive trade marks (and the risk that those trade marks may be found to be invalid) but also highlights potential pitfalls where trade marks co-exist within the same market. Also of interest is Arnold J’s criticism of the Court of Appeal’s decision in Interflora with regard to burden of proof for “double identity” cases.’

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RPC IP Hub, 17th March 2015

Source: www.rpc.co.uk

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The Use of Building Information Modelling (“BIM”) the UK Experience – Thirty Nine Essex Street

Posted March 18th, 2015 in construction industry, intellectual property, news, reports by sally

‘The question we pose ourselves this morning is: to what extent is the use of Building Information Modelling (“BIM”) in the construction industry in the UK, changing the legal landscape for the liability of construction professionals for design defects in construction and engineering projects?’

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Thirty Nine Essex Street, January 2015

Source: www.39essex.com

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What were this decade’s most significant advances in law? – OUP Blog

‘The past decade has seen a number of advances in the field of law. As part of our exclusive Oxford law event, Unlock Oxford Law, we have asked some of our expert authors to identify what developments they thought were most significant. With constant changes and developments occurring across all the different areas of law, this is a subject that is very much up for debate. Read on to see what our authors said, and to see if you agree.’

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OUP Blog, 18th March 2015

Source: www.blog.oup.com

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Trade Marks and Passing Off: Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd – NIPC Law

Posted March 2nd, 2015 in intellectual property, news, trade marks by sally

‘The Lincolnshire town of Grantham educated one of the world’s greatest scientists and the first woman to be British prime minister (see “Frit” – Merck Sharp Dohme Corp v Teva Pharma BV 25 March 2012). It has a magnificent parish church and is home to Chantry Dance Company which is very special to me as you will see from the last video clip in Chantry Dance Company’s Sandman and Dream Dance 10 May 2014 Terpsichore if you read that far. It has a pub called The Beehive with a real beehive for the pub sign (how’s that for imaginative branding). Each Autumn it holds a science and arts festival in honour of Sir Isaac Newton called Gravity Fields (see Gravity Fields Festival – there’s much more to Grantham than Mrs T 8 Aug 2014 East Midlands IP).’

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NIPC Law, 28th February 2015

Source: www.nipclaw.blogspot.co.uk

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Rihanna and image rights – Law Society’s Gazette

‘The singer’s recent trademark win over Topshop isn’t necessarily good news for celebrity claimants; each case will be taken on its merits.’

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Law Society’s Gazette, 3rd February 2015

Source: www.lawgazette.co.uk

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Topshop ordered to pay Rihanna’s legal costs – Daily Telegraph

Posted February 3rd, 2015 in appeals, costs, intellectual property, misrepresentation, news by tracey

‘Topshop has been ordered to pay pop star Rihanna’s legal costs following their multi-million pound battle over a T-shirt. The high-street store lost the dispute when both the High Court and Court of Appeal declared Topshop had used her image unlawfully on a “tank” sleeveless T-shirt sold to thousands of fans.’

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Daily Telegraph, 3rd February 2015

Source: www.telegraph.co.uk

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Court of Appeal upholds Birss J in Rihanna’s Case – NIPC Law

Posted January 27th, 2015 in appeals, intellectual property, misrepresentation, news, trade marks by sally

‘In Fenty and Others v Arcadia Group Brands Ltd and another [2013] EWHC 2310 (Ch), [2013] WLR(D) 310 Mr Justice Birss gave judgment to Robyn Rihanna Fenty (better known as Rihanna) and her corporate licensing companies against Top Shop for selling a t-shirt that reproduced a photo of the singer. The claim was brought not for infringement of copyright since the owner of the copyright in the photograph had licensed the reproduction of his work but for passing off. Rihanna and her companies had claimed that the t-shirt misrepresented authorization or approval of the manufacture and distribution of the garments and that such misrepresentation damaged her commercial activities. I wrote about the case in Passing off – Fenty v Topshop 10 Sept 2013 and readers are referred to that note for an appreciation of the judgment.’

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NIPC Law, 24th January 2015

Source: www.nipclaw.blogspot.co.uk

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Pop star Rihanna wins image battle – BBC News

Posted January 22nd, 2015 in appeals, intellectual property, news by sally

‘Singer Rihanna has won a legal battle with high street store Topshop over a T-shirt bearing her image.’

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BBC News, 22nd January 2015

Source: www.bbc.co.uk

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A landmark decision for brand owners: Court rules ISP blocking orders extend to trademark rights – RPC IP Hub

‘The High Court has recently granted Richemont a blocking order requiring the five largest ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont’s trade mark rights. This was the first time that such a blocking order had been sought against ISPs on the basis of trade mark infringement anywhere in the EU (other than, perhaps, in the Danish case of Home v Telenor).’

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RPC IP Hub, 8th January 2015

Source: www.rpc.co.uk

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Patents: Court of Appeal allows the appeal in Jarden – NIPC Law

Posted January 6th, 2015 in appeals, intellectual property, news, patents by sally

‘In Jarden Consumer Solutions (Europe) Ltd v SEB SA and Another [2014] EWHC 445 (Pat) (28 Feb 2014) Jarden Consumer Solutions (Europe) Ltd (“Jarden”) sued SEB SA (“SEB”) for the revocation of its European patent number 2.085,003 (“the patent”) for deep fryer with automatic fat coating. SEB counterclaimed for infringement of the patent by importing and selling the Breville Halo Health fryer. The action came on for trial before Mr Justice Arnold who found that 3 of the claims of the patent were invalid but 3 others were valid and had been infringed. Jarden appealed against the judge’s construction of the patent and his finding of infringement. The appeal was heard by Lord Justices Vos and Burnett and Sir Timothy Lloyd in Jarden Consumer Solutions (Europe) Ltd v SEB SA and Another [2014] EWCA Civ 1629 (17 Dec 2014).’

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NIPC Law, 1st January 2015

Source: www.nipclaw.blogspot.co.uk

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New UK IP laws might restrict unregistered design rights – OUT-LAW.com

Posted December 17th, 2014 in intellectual property, news by sally

‘UK intellectual property laws which came into force earlier this year might serve to diminish the rights designers have in unregistered designs, according to a judge at the Intellectual Property Enterprise Court in London.’

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OUT-LAW.com, 17th December 2014

Source: www.out-law.com

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What is the definition of “design” in s.213 (2) of the Copyright, Designs and Patents Act 1988 following the deletion of “any aspect of” from the sub-section – NIPC Law

Posted December 15th, 2014 in copyright, damages, intellectual property, interpretation, news by tracey

‘In DKH Retail Ltd v H. Young (Operations) Ltd the claimant, which claimed design rights and unregistered Community design in relation to the front portion and hood of a range of gilets sold under the product name Academy under the Superdry brand sued the defendant for importing and selling a range of Glaisdale gilets under the Animal brand. The defendant raised the usual defences on subsistence, ownership and infringement.’

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NIPC Law, 13th December 2014

Source: www.nipclaw.blogspot.co.uk

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Is this a copy? John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd – NIPC Law

Posted December 11th, 2014 in Community designs, copyright, EC law, intellectual property, news by sally

‘In John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd. [2014] EWHC 3779 (IPEC) (21 Nov 2014) Judge Hacon had to decide whether the fabric used to make the dress in the bottom photo was a copy of the fabric in the top one.’

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NIPC Law, 11th December 2014

Source: www.nipclaw.blogspot.co.uk

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