Enforcement

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Presentation to IPO seminar "Protecting Your Ideas and Inventions" at Leeds Central Library on 15 September 2010, Discusses intellectual property rights owners' options for enforcing their rights: …

Presentation to IPO seminar "Protecting Your Ideas and Inventions" at Leeds Central Library on 15 September 2010, Discusses intellectual property rights owners' options for enforcing their rights: civil litigation, insurance (before and after-the-event), collecting societies, proceedings in the IPO, domain name dispute resolution, mediation and arbitration,

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  • 1. Enforcement
    Jane Lambert
    www.nipclaw.com
  • 2. Except for
    • Bootlegging
    • 3. Counterfeiting, and
    • 4. Piracy
    IP Infringement is no crime
  • 5. So it is up to the owner to enforce his or her IPR.
  • 6. Compared to continental Europe civil litigation is expensive in England.
  • 7. Because success fee is insufficient incentive for risk, cost and delay, very few good IP lawyers will accept instructions on a “no win, no fee” retainer.
  • 8. Most legal indemnity policies exclude IP cases so IP owners should consider IP insurance if they can afford the premiums.
  • 9. Some copyright owners and performers can join a collecting society which grants licences on behalf of all its members in return for royalties which it divides between them and suing any user who fails to pay.
  • 10. Some disputes can be referred to IPO Tribunals which award costs on a scale:
    • who owns patent or patent application;
    • 11. whether a product infringes a patent;
    • 12. whether a patent is valid;
    • whether a patent should be amended;
    • 13. whether a trade mark should be or should have been granted
    • 14. whether a design should have been registered; and
    • 15. the terms of a licence to an unregistered design right for the last 5 years.
  • IP Office Opinions on whether a Patent is Valid or whether it has been infringed under s.74A of the Patents Act 1977
  • 16. Domain Name Disputes can be referred to the WIPO (UN agency for IP), Nominet or Czech Arbitration Court for Documents only Arbitration.
  • 17. IPO, WIPO and several other mediators including www.nipc-mediation.co.uk offer mediation of IP Disputes.
  • 18. IPO, WIPO and several other arbitrators including www.nipcarb.co.uk offer arbitration of IP Disputes.
  • 19. Specialist advice from
    • Solicitors who are members of IPLA or who are eligible to join it
    • 20. Patents and TM Attorneys who are accredited by CIPA or ITMA to conduct litigation
    • 21. Barristers who are members of IPBA or could join it.
    Be careful of all others!
  • 22. Any Questions
    Jane Lambert
    Jane.lambert@nipclaw.com
    www.nipclaw.com
    0800 862 0055