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: 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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Enforcement

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

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