This document provides an introduction to intellectual property basics, including patents, trademarks, registered designs, unregistered design rights, copyright, rights in performances, laws of confidence, and passing off. It explains how some intellectual property rights arise spontaneously while others must be registered with intellectual property offices in the UK, Europe, or other countries. Useful services are also listed, such as intellectual property offices, patent information units, help for inventors, and sources of funding.
Slides for a presentation to be given to the BVC students at Manchester Metropolitan University at 18:30 tonight. Topics include: meaning of IP, the IP professions, the IP specialist chambers in England and Wales, the work of the IP Bar (contentious and non-contentious), the IP Bar's USP, market for the IP Bar's services and the future of the IP Bar.
The first module of my 5 part course on English patent law. This module defines a patent as a monopoly of an invention. it explains the difference between a monopoly and a right to prevent a particular act such as copying. It introduces readers to specifications and claims. It lays the foundation for the rest of the course.
The Hermitage is one of the 3 biggest museums in the world of the caliber of Madrid's Prado and Paris's Louvre. The State Hermitage occupies six magnificent buildings situated along the embankment of the River Neva, right in the heart of St Petersburg-Palace Square. The leading role in this unique architectural ensemble is played by the Winter Palace, the residence of the Russian tsars that was built to the design of Francesco Bartolomeo Rastrelli in 1754-62. This ensemble is extended by the eastern wing of the General Staff building, the Menshikov Palace and the recently constructed Repository.
The Hermitage collection of works of art counts over 3,000,000 items, which are presented in 400 halls. During one visit you have the opportunity to see world-famous rooms of this museum-Gold drawing-room, Stage hall, Malachite Room, Loggia of Raffail and etc. On the second floor there are works by Leonardo da Vinci, Rembrandt and German, France, Flemish, Spanish, English, Dutch paintings. Besides you have a chance to join France impressionism or antique halls or art of ancient Egypt or Gold larder and Scythian Gold…
Slides for a presentation to be given to the BVC students at Manchester Metropolitan University at 18:30 tonight. Topics include: meaning of IP, the IP professions, the IP specialist chambers in England and Wales, the work of the IP Bar (contentious and non-contentious), the IP Bar's USP, market for the IP Bar's services and the future of the IP Bar.
The first module of my 5 part course on English patent law. This module defines a patent as a monopoly of an invention. it explains the difference between a monopoly and a right to prevent a particular act such as copying. It introduces readers to specifications and claims. It lays the foundation for the rest of the course.
The Hermitage is one of the 3 biggest museums in the world of the caliber of Madrid's Prado and Paris's Louvre. The State Hermitage occupies six magnificent buildings situated along the embankment of the River Neva, right in the heart of St Petersburg-Palace Square. The leading role in this unique architectural ensemble is played by the Winter Palace, the residence of the Russian tsars that was built to the design of Francesco Bartolomeo Rastrelli in 1754-62. This ensemble is extended by the eastern wing of the General Staff building, the Menshikov Palace and the recently constructed Repository.
The Hermitage collection of works of art counts over 3,000,000 items, which are presented in 400 halls. During one visit you have the opportunity to see world-famous rooms of this museum-Gold drawing-room, Stage hall, Malachite Room, Loggia of Raffail and etc. On the second floor there are works by Leonardo da Vinci, Rembrandt and German, France, Flemish, Spanish, English, Dutch paintings. Besides you have a chance to join France impressionism or antique halls or art of ancient Egypt or Gold larder and Scythian Gold…
Michael Sandys's presentation to our Patent Box Workshop at Liverpool in London on 12 July 2013. The presentation deals with why commercialize IP, licensing IP, types of licences, licence terms, joint ventures and manufacturing licence agreements. It also contains a number of handy tips,
Richard Campos's presentation to Sheffield Inventors Group on 4 July 2011. Explores every step of the way from concept, patenting, prototyping, testing, marketing and exploitation.
WIPO Arbitration: Current Trends with Intellectual Property and Domain Name D...Jane Lambert
These are the slides of the presentation that my colleague, Joseph Dalby of the IP and Tech Law Group of 4-5 Gray's Inn Square, gave to the monthly arbitration forum of the Irish branch of the Chartered Institute of Arbitrators. Joseph had helped to set up the Irish domain name dispute resolution policy and he discussed it in some detail highlighting some of the differences between the Irish policy, the ICANN Universal Domain Name Dispute Resolution Policy ("UDRP"), the Nominet Dispute Resolution Service Policy and the Czech Court of Arbitration Rules for the resolution of disputes in the ".eu" top level domain name space. Joseph also discussed the legal issues likely to arise from the new generic top level domain names.
The Patent Box: Introduction to PatentsJane Lambert
This was the opening presentation on a workshop on the patents box organized by Liverpool Inventors Club. The "patents box" is a tax concession to encourage R & D in the UK. This presentation discusses what is meant by a patent, why businesses apply for them, how to apply for them and how much they cost.
These are the slides for the presentation that I was due to give to the makers at FFPWS on 1 April. FFIWS is a maker space in Porthmadog with laser cutters, 3D printers and all sorts of other impressive kits. As my visit has had to be cancelled I have decided to deliver my presentation online. If there is still enough interest in Porthmadog (or anywhere else in the world for that matter) I will give a fee webinar on 15 April 2020 on IP Law for Makers, The IP law in question will be the law of Wales and England which will not be exactly the same elsewhere but most of the presentation should be relevant more or less anywhere.
Michael Sandys's presentation to our Patent Box Workshop at Liverpool in London on 12 July 2013. The presentation deals with why commercialize IP, licensing IP, types of licences, licence terms, joint ventures and manufacturing licence agreements. It also contains a number of handy tips,
Richard Campos's presentation to Sheffield Inventors Group on 4 July 2011. Explores every step of the way from concept, patenting, prototyping, testing, marketing and exploitation.
WIPO Arbitration: Current Trends with Intellectual Property and Domain Name D...Jane Lambert
These are the slides of the presentation that my colleague, Joseph Dalby of the IP and Tech Law Group of 4-5 Gray's Inn Square, gave to the monthly arbitration forum of the Irish branch of the Chartered Institute of Arbitrators. Joseph had helped to set up the Irish domain name dispute resolution policy and he discussed it in some detail highlighting some of the differences between the Irish policy, the ICANN Universal Domain Name Dispute Resolution Policy ("UDRP"), the Nominet Dispute Resolution Service Policy and the Czech Court of Arbitration Rules for the resolution of disputes in the ".eu" top level domain name space. Joseph also discussed the legal issues likely to arise from the new generic top level domain names.
The Patent Box: Introduction to PatentsJane Lambert
This was the opening presentation on a workshop on the patents box organized by Liverpool Inventors Club. The "patents box" is a tax concession to encourage R & D in the UK. This presentation discusses what is meant by a patent, why businesses apply for them, how to apply for them and how much they cost.
These are the slides for the presentation that I was due to give to the makers at FFPWS on 1 April. FFIWS is a maker space in Porthmadog with laser cutters, 3D printers and all sorts of other impressive kits. As my visit has had to be cancelled I have decided to deliver my presentation online. If there is still enough interest in Porthmadog (or anywhere else in the world for that matter) I will give a fee webinar on 15 April 2020 on IP Law for Makers, The IP law in question will be the law of Wales and England which will not be exactly the same elsewhere but most of the presentation should be relevant more or less anywhere.
Presenter – David Hopkins from the Intellectual Property Office (IPO) will describe the practical help and support available to businesses new to or experienced in IP from the IPO. The IPO are an Executive Agency of the Department for Business Innovation and Skills (BIS) that promote innovation by providing a clear, accessible and widely understood IP system, which enables the economy and society to benefit from knowledge and ideas.
Presentation Slides from InfoLab21 and the Intellectual Property Office's event: "Intellectual Property: Value Creation" at Lancaster House Hotel on 14th February 2012.
These are the slides of a presentation to solicitors, barristers and others at 4-5 Gray;s Inn Square on 26 June 2013. It defines intellectual property ("IP") as the legal protection of intellectual assets ("IA") which are the brands, designs, technology or creative works that give a business a competitive advantage over its rivals. The study discusses how the law protects each of those assets: brands by designs, passing off, geographical indications and registered designs, for example,. and technology by patents, the law of confidence, unregistered design right, plant breeders rights and copyright. However, IP rights create monopolies and restraints of trade that are as harmful as any other. The law that creates these rights also regulates their subsistence and exercise. Thus, IP law strikes a balance between two conflicting interests: that of incentivizing creativity and innovation against promoting competition and freedom of trade. The tension between those two public interests has always existed and its appreciation is fundamental to understanding IP law. One instance where it appeared was in the Uruguay Round of negotiations of trade liberalization between 1986 and 1994 which led to the WTO agreement and TRIPS. Since 1994 IP protection has been one of the conditions of access to the markets of the leading industrial countries. TRIPS refers to four core treaties - Paris, Berne, Rome and Washington. These are the general protection treaties. Others, such as the PCT, Madrid and Hague, facilitate multiple patent, trade mark and registered design applications. There are classification agreements like Nice and Locarno and regional agreements like the European Patent Convention. The presentation considered the harmonization of European copyright, registered design and trade mark law and the Community trade mark and Community design regulations. It identified the core British statutes: the Patents Act 1977, Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the Registered Designs Act 1949. It discussed also some of the more important secondary legislation such as the Patents, Trade Marks and Registered Designs Rules. Finally, it identified some of the sources of law in print and on the internet listing the materials that can be downloaded from the IPO, EPO, OHIM, WIPO and other sites.
This presentation provides information on intellectual property rights (IPR) and its other constituents such as copy rights, patents, trade marks, geographical indicators etc.
A checklist for litigants bringing or defending IP actions in the Small Claims Track of the Intellectual Property Enterprise Court.
This article covers the court's jurisdiction, its rules and practice, pleadings, disclosure and remedies
This article supplements IPEC Small claims Track Guide, CPR Parts 27 and 63 and the Part 27A and Part 63 Practice Directions.
In Nov 2015 a British private limited company registered the words YORUBA and Yoruba as UK trade marks for a wide range of goods and services. Nobody seems to have objected to the registration at the time. On 23 May 2021, another UK incorporated company called The Culture Tree protested vociferously. Many others around the world joined in. It appears that the registered proprietor has agreed to assign the registrations to The Culture Tree which has removed one objection. But should it have been possible to register the name of a nation of 70 million at all? What should be done to prevent issues of this kind in future?
Some background information for a dialogue with Carwyn Edwards on copyright and ICT organized by North Wales Tech and North Wales Creative on 21 April 2021,
Here are the slides of a presentation that I gave to the Barnsley Business Village on 19 Feb 2021. Unlike my earlier presentations, this was designed for business owners. I discussed what was meant by IP, why monopolies such as patents and exclusive rights such as copyrights were difficult to reconcile with the concept of a single market, the need for the approximation of laws and unitary IP rights and the arrangements made in the withdrawal agreement to continue to protect in the UK intellectual assets that were protected by EU intellectual property rights.
What every Business in Wales needs to know about Intellectual PropertyJane Lambert
On 9 Feb 2021, I gave a talk to the Menai Science Park Enterprise Hub entitled "What Every Business in Wales needs to know about Intellectual Property." I prepared these slides for the talk although I did not all of them. Instead, I asked them for their interests which seemed to be registering trade marks and registering designs.
What every business in Bradford needs to know about Intellectual PropertyJane Lambert
Yesterday, I was asked by Steve Ding of Webanbywhere to give the first presentation of the BradfordNetwork. I was delighted to accept that invitation because Steve ran a network for the creative sector in Bradford and Barnsley called Bmedi@ about 10 years ago. The network held talks with leading artists, designers, entrepreneurs, inventors and innovators from West Yorkshire and beyond and regular breakfast meetings at the Business and Innovation Centres in Barnsley. Those events were very well attended. Sadly Bmedi@ disbanded several years ago, It has been sorely missed ever since. At present the only events that can take place are online but the BradfordNetwork hopes to hold some live meetings in the Bmedi@ format with the same sort of speakers once the public health emergency is over.
On 26 Jan 2020, I have a talk over Zoom on "IP after Brexit". My slides are already on Slideshare. These are supplemented by this handout which covers:
- Art 50 of the Treaty of European Union
- The European Union (Withdrawal) Act 2019
- The statutory instruments made in anticipation of our exiting with a withdrawal agreement
- The withdrawal agreement
- The European Union (Withdrawal Agreement) Act 2020
- The Trade and Cooperation Agreement
- The European Union (Future Relationship) Act 2020.
These notes track every legislative change to the requirement in the withdrawal agreement. I also discuss changes to the law not effected by the withdrawal agreement and consider future development of our IP law.
At 23:00 on 31 Dec 2020 EU law ceased to apply to the UK including the Regulations establishing the EU Trade Mark, the Community Design and many other rights. A priority in the negotiations for the UK's withdrawal from the EU was the continued protection of the brands, designs and other intellectual assets that been protected by such rights. The withdrawal agreement entered in Jan 2020 provided for EU trade marks, Community designs, Community plant vaieties, database rights and supplementary protection certificates. This presentation considers the relevant provisions of the withdrawal agreementn and the statutes and secondary legislation which implemnted it. Such legislation is now bearing a great part of the UK's IP infrastructure.
These are the slides for a presentation that I shall deliver over Zoom on 2 Sept 2020 at 14:00. It discusses the judgment of the UK Supreme Court in Unwired Planet International Ltd r v Huawei Technologies (UK) Co Ltd [2020] UKSC 37 which was delivered on 26 Aug 2020.
These are the slides for my presentation to the Menai Science Park Enterprise Hub on 30 June 2020.
This presentation explains what is meant by intellectual property and why it is important to business.
It considers different types of IP:
- patents
- trade marks
- registered designs
- copyrights and related rights,
I talked about related rights and how they can be obtained and rights that arise automatically,
I discussed enforcement and sources of further information including the Business and IP Centres at the British Library and Liverpool.
Finally, I mentioned the network of IP experts to assist M-SParc tenants and others in North Wales.
The handout for the first module of my an introduction to English patent law. A patent is defined as "a monopoly of an invention". That proposition is unpacked to consider what is meant by "monopoly" and what is meant by "invention". These notes discuss the inventor's bargain with the public and its reflection in the specification, They explore what is meant by the teaching of the patent in the description and the monopoly in the claims,
This is the handout for the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
This is the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
Patents 101 Part 4 - Applying for a PatentJane Lambert
The handout to the fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
Patents101 Part 4 - Applying for a PatentJane Lambert
The fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
The handout for the third of my modules on English patent law. This one deals with patentability or the conditions for the grant of a patent, namely novelty, an inventive step, utility and no exclusion from patentability. On novelty, readers are introduced to the concept of the "state of the art" and the test of novelty in General Tire and Rubber v Firestone. As to inventiveness, they are introduced to the concepts of the skilled addressee and common general knowledge and the Supreme Court's decision in Actavis v ICOS. Finally, on excluded matter there is a very close look at the Aerotel and Macrpssan tests.
The third of my modules on English patent law. This one deals with patentability or the conditions for the grant of a patent, namely novelty, an inventive step, utility and no exclusion from patentability. On novelty, readers are introduced to the concept of the "state of the art" and the test of novelty in General Tire and Rubber v Firestone. As to inventiveness, they are introduced to the concepts of the skilled addressee and common general knowledge and the Supreme Court's decision in Actavis v ICOS. Finally, on excluded matter there is a very close look at the Aerotel and Macrossan tests.
The handout for the second module of my introduction to English patent law. This covers the sources of law, both legislation and the case law. The module focuses on the Patents Act 1977 and the European Patent Convention. It also introduces readers to the main sets of law reports for patent law, the Reports of Patent Cases ("RPC") and the Fleet Street Reports ("FSR").
The second module in my introduction to English patent law. Readers are introduced to the legislation and case law. A closer look at the Patents Act 1977, the Patents Rules 2007, the European Patent Convention, the Patents Court and the Intellectual Property Enterprise Court Guides. Readers are also introduced to the Reports of Patent Cases and the Fleet Street Reports.
Searching IP Databases and using what you findJane Lambert
How to search a patent, trade mark or registered designs database, reasons for carrying out such searches, what you may find there and how to use the information.
1. Introduction to Intellectual Property
Carlisle, 8 March 2010
10:30 – 13:30
Jane Lambert
Barrister
NIPC
0800 862 0055
jane.lambert@nipclaw.com
www.nipclaw.com
Intellectual Property Basics
Patents Monopolies of new inventions which may be products or processes: granted for
up to 20 years by the IPO for the UK alone or for the UK and other European
countries EPO as a reward for teaching how to make or use the invention.
They are the very opposite of trade secrets which are protected by the law of
confidence.
Trade Marks Signs such as names, logos, initials, numerals or other indicators that
distinguish the goods or services of one undertaking from those of all others.
They may be registered for specified goods or services with the IPO for the UK
alone or with OHIM for the whole EU including the UK. Trade marks registered
for the EU are known as Community trade marks. Trade marks may also be
protected by the law of passing off.
Registered The appearance of the whole or part of a product may be registered for up to
Designs 25 years with the IPO as a “registered design” for the UK or with OHIM as a
“registered Community design” for the EU including the UK if it is new and has
individual character. Designs that could have been registered as registered
Community designs are protected from copying for up to 3 years as
“unregistered Community designs”.
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2. Unregistered The right to prevent an article or part of an article from being made to an
Design Right original design. “Design” for these purposes means aspects of shape or
configuration of an article or part of an article. Unregistered design right
subsists only in the UK. It lasts for 10 years from the date articles made to the
design are first marketed or 15 years from their creation.
Copyright The right of to prevent the reproduction, publication, communication, renting,
lending or adaptation of an original artistic, dramatic, literary or musical work, a
broadcast, film, sound recording or typographical arrangement of a published
work. The right subsists for various terms depending on the nature of the
work. For instance, an artistic, dramatic, literary or musical work lasts the life
of the author (which term includes artist, composer or dramatist) plus 70 years.
Rights in The right of an actor, dancer, musician, singer or other performer (or of his or
Performances her broadcaster, film or recording studio) to prevent the broadcast, filming or
taping of a live performance whether on the stage or in the studio.
Law of The right of a person who discloses sensitive secret business, technical or
Confidence personal information (such as a “trade secret”) to another in confidence to
prevent the misuse or further disclosure of such information for so long as the
information remains secret.
Passing off The right of a trader to prevent a competitor from misrepresenting his goods,
services or businesses as those of the original trader by using the same or
similar trade mark, trade name or other indicator.
How to Acquire these Rights
Some of those rights arise spontaneously when particular conditions occur. These include:
Copyrights
Unregistered Design Rights
Rights in Performances
Unregistered Community Designs
The right to bring an action for breach of confidence, and
The right to bring an action for passing off.
Some of these rights arise from statute such as copyright, unregistered design right and rights in performances
which were established by the Copyright, Designs and Patents Act 1988.
Others have to be registered either at the IPO, the EPO, OHIM or some other national or regional intellectual
property office.
Rights that have to be registered with the IPO include:
Patents
Trade Marks, and
Registered Designs.
European patents are registered with the EPO pursuant to the European Patent Convention.
Community trade marks and registered Community designs are registered with OHIM pursuant to the Community
Trade Mark Regulation and the Community Design Regulation.
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3. Useful Services
Intellectual Property Offices
British http://www.ipo.gov.uk
European Patent Office http://www.epo.org
OHIM (CTM and RCD) http://oami.europa.eu
USA http://www.uspto.gov
Japan http://www.jpo.go.jp
Chinese http://english.sipo.gov.cn
South Korea http://www.kipo.go.kr
WIPO http://www.wipo.int
Patent Information Units
British Library, IP & Business http://www.bl.uk/bipc
Newcastle Central Library http://www.bipcnewcastle.co.uk
Leeds Central Library http://www.businessandpatents.org
Help for Inventors
NIPC Inventors Club http://www.nipc-inventors.co.uk
Clinic
NIPC Clinics http://www.nipc-clinics.co.uk
Funding
Community Development http://www.cdfa.org.uk
Finance Association
Enterprise Answers http://www.enterpriseanswers.co.uk
NW Business Angels http://www.nwbusinessangels.co.uk
IP North West
Website http://www.ipnorthwest.co.uk
Blog http://ipnorthwest.blogspot.com
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