Category: intellectual property

Construction of Terms in Cross-Licensing Agreements: Koninklijke Philips N.V. v Asustek Computer Incorporation and Others – NIPC Law

Posted October 16th, 2017 in agreements, appeals, intellectual property, interpretation, licensing, news, patents, standards, telecommunications by sally

‘In FRAND 8 Oct 2017 I discussed the terms upon which patents for inventions that are essential to a standard are licensed. I noted that courts around the world had held that those terms should be fair, reasonable and non-discriminatory – in other words, FRAND. The Court of Appeal’s decision in Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017) concerned the construction of a clause licensing such patents. It is important to note, however, that none of the judges who heard the appeal mentioned the acronym, FRAND, and it appeared only twice in the judgment of the trial judge.’

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NIPC Law, 13th October 2017

Source: nipclaw.blogspot.co.uk

Screening for protection in healthtech services – Technomed v Bluecrest – Technology Law Update

Posted October 12th, 2017 in copyright, database right, health, intellectual property, news by sally

‘A recent court decision on infringement of IP in an ECG screening service shows how components of the service qualify for different forms of protection. Reliance on less obvious IP rights can offer valuable cover for a business’s assets even in the absence of patent protection.’

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Technology Law Update, 11th September 2017

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

UK government considers classifying Google and Facebook as publishers – The Guardian

Posted October 12th, 2017 in freedom of expression, intellectual property, internet, media, news, publishing by sally

‘Karen Bradley, the culture secretary, has said the government is considering changing the legal status of Google, Facebook and other internet companies amid growing concerns about copyright infringement and the spread of extremist material online.’

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The Guardian, 11th October 2017

Source: www.theguardian.com

IP ‘threats’ law enters into force – Law Society’s Gazette

Posted October 3rd, 2017 in bills, intellectual property, news, trade marks by sally

‘A law that could help intellectual property owners assert their rights more freely came into force yesterday. The Intellectual Property (Unjustified Threats) Act 2017 curtails a legal remedy available to a party threatened with IP infringement.’

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Law Society's Gazette, 2nd October 2017

Source: www.lawgazette.co.uk

Pre-Action Correspondence: What to do if you get a Stroppy Letter ……. or worse – NIPC Law

Posted August 7th, 2017 in civil procedure rules, documents, injunctions, insurance, intellectual property, news, practice directions, search & seizure by sally

‘On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through 2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right.’

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NIPC Law, 4th August 2017

Source: nipclaw.blogspot.co.uk

Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through – NIPC Law

Posted August 4th, 2017 in intellectual property, news, practice directions, pre-action conduct by sally

‘Until the Civil Procedure Rules (“CPR”) came into force in 1999 solicitors specializing in intellectual property law heralded litigation with an ultimatum called a letter before action. Written in haughty if not insulting terms and accompanied by a humiliating form of undertakings, they were intended to shock the recipient into submission. They rarely achieved the desired result. As often as not they were simply ignored. Occasionally, they were answered by a defiant response. As a result, a lot of actions were launched that could easily have been settled without recourse to litigation.’

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NIPC Law, 2nd August 2017

Source: nipclaw.blogspot.co.uk

Judge rejects bid to move case out of IPEC because of claimant’s need for costs protection – Litigation Futures

Posted June 29th, 2017 in costs, courts, intellectual property, news, small businesses, trials by sally

‘A defendant’s bid to transfer a case from the Intellectual Property Enterprise Court (IPEC) to the High Court has been dismissed because of the costs risk the SME claimant would then face.’

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Litigation Futures, 28th June 2017

Source: www.litigationfutures.com

Music and Entertainment Law: Music Contracts – Editions Musicales Alpha S.A.R.L. v Universal Music Publishing Ltd and Others – NIPC Law

Posted June 29th, 2017 in artistic works, contracts, copyright, intellectual property, news by sally

‘This case, which came before His Honour Judge Hacon on 23 Feb 2017, shows how copyright comes into being, how it is assigned and how much care should be taken when drawing up agreements for its assignment, particularly when settling disputes over ownership.’

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NIPC Law, 28th June 2017

Source: nipclaw.blogspot.co.uk

Specialised court encourages boom in IP cases – Law Society’s Gazette

Posted May 24th, 2017 in courts, freedom of information, intellectual property, news, small businesses, statistics by sally

‘Small and medium-sized enterprises are continuing to use the UK’s specialised intellectual property court despite having more options available for flexible trials, figures have shown.’

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Law Society’s Gazette, 23rd May 2017

Source: www.lawgazette.co.uk

Mere association of Nestlé shape mark with Kit Kat brand ‘fatal’ to claims of acquired distinctiveness, rules court – OUT-LAW.com

Posted May 24th, 2017 in appeals, EC law, food, intellectual property, news, trade marks by sally

‘Kit Kat manufacturer Nestlé has had its bid to trade mark the shape of its four-fingered chocolate bar rejected by the Court of Appeal in London in a ruling which could impact on similar applications to trade mark shapes deemed not to be inherently distinctive.’

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OUT-LAW.com, 23rd May 2017

Source: www.out-law.com

Nestlé foiled by Cadbury as it loses bid to trademark KitKat bar – The Independent

Posted May 18th, 2017 in appeals, food, intellectual property, news, trade marks by tracey

‘KitKat-maker Nestlé has been foiled again, after a UK Court of Appeal ruled that the consumer goods giant cannot trademark the shape of its popular four-fingered chocolate bar.’

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The Independent, 17th may 2017

Source: www.independent.co.uk

Don’t threaten me! Reform of the UK “threats” rules – Technology Law Update

Posted May 8th, 2017 in dispute resolution, intellectual property, intimidation, news by sally

‘Your technology, branding and confidential information are key assets. If you find that a competitor is taking advantage of them illegally you may be tempted to let them know straight away. You may also want to inform the supply chain in public statements about infringing imports, or products that take advantage of your proprietary technology. While this seems like the obvious first step to take, it is dangerous. If you are not careful you can find yourself at the wrong end of a “threats” action.’

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Technology Law Update, 4th May 2017

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

Nokia and Apple patent dispute comes before High Court in London – OUT-LAW.com

Posted April 10th, 2017 in arbitration, foreign companies, foreign jurisdictions, injunctions, intellectual property, news, patents, telecommunications by sally

‘Finnish mobile device manufacturer Nokia was due to argue that Apple has infringed one of its technology patents before the High Court in London on Friday.’

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OUT-LAW.com, 7th April 2017

Source: www.out-law.com

Challenges Arising from Brexit – Henderson Chambers

Posted April 6th, 2017 in brexit, company law, competition, consumer protection, EC law, insolvency, intellectual property, news, public procurement, treaties by sally

‘In the light of Brexit, uncertain times lie ahead! How can small businesses cope with the challenges which the withdrawal of the United Kingdom from the European Union will necessarily entail and with the uncertainty that will persist so long as no concluded agreement(s) has/have been struck between the British Government and its EU counterparts.’

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Henderson Chambers, 5th April 2017

Source: www.hendersonchambers.co.uk

UK businesses see record number of European patents granted by EPO – OUT-LAW.com

Posted March 9th, 2017 in EC law, intellectual property, news, patents, reports, statistics by sally

‘A record number of European patents were granted to UK businesses in 2016 by the European Patent Office (EPO), according to new figures.’

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OUT-LAW.com, 9th March 2017

Source: www.out-law.com

Appeal court sends £4m solicitors’ negligence claim to trial – Legal Futures

Posted March 8th, 2017 in appeals, intellectual property, law firms, negligence, news, summary judgments by tracey

‘The Court of Appeal has overturned a ruling that gave a national law firm summary judgment in a case alleging that its negligence had caused a company to lose a £4m intellectual property licensing deal with a global engineering giant.’

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Legal Futures, 8th March 2017

Source: www.legalfutures.co.uk

All you need are costs: “real party” must pay in dispute over Beatles documentary – Litigation Futures

Posted March 7th, 2017 in copyright, costs, intellectual property, media, news by tracey

‘A venture capitalist was the “real party” in a dispute between two companies over a documentary based on the Beatles’ first concert in the USA, a High Court judge has held.’

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Litigation Futures, 7th March 2017

Source: www.litigationfutures.com

Unlicensed online retransmissions of TV shows within ‘the area of initial broadcast’ constitutes copyright infringement, rules EU court – OUT-LAW.com

Posted March 2nd, 2017 in bills, copyright, EC law, intellectual property, media, news by sally

‘Retransmitting TV programmes online within “the area of initial broadcast” is an act of copyright infringement under EU law, if carried out without the permission of the TV broadcasters, the EU’s highest court has ruled.’

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OUT-LAW.com, 1st March 2017

Source: www.out-law.com

Case Note: Jushi Group Co Ltd v OCV Intellectual Capital LLC – NIPC Law

Posted February 20th, 2017 in intellectual property, news, patents by sally

‘This was a claim by the Jushi Group Co. Ltd. (“Jushi”) for declarations of invalidity and non-infringement and the revocation of European patent number 1 831 118 for glass yarns for reinforcing organic and/or inorganic materials. The patentee, OCV Intellectual Capital LLC (a subsidiary of Owens Corning) (“OCV”), counterclaimed for infringement of the patent. Jushi admitted infringement if the patent was valid. The only issue to be determined was whether the patent was valid. The action came on before His Honour Judge Hacon on the 5 and 6 Dec 2016. His Honour delivered judgment on 6 Feb 2017.’

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NIPC Law, 8th February 2017

Source: www.nipclaw.blogspot.co.uk

IP Enterprise Court still attractive despite alternatives – presiding judge – Law Society’s Gazette

Posted February 6th, 2017 in courts, intellectual property, judges, news, patents, pilot schemes, trials by sally

‘The presiding judge at the UK’s Intellectual Property Enterprise Court has said the court still serves a purpose despite the growing availability of flexible trials elsewhere.’

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Law Society’s Gazette, 3rd February 2017

Source: www.lawgazette.co.uk