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Showing posts from March, 2011

Hargreaves recommends Rationalization of the IPO

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According to Al-Jazeera a leaked copy of the Hargreaves Report has recommended the break up and partial privatization of the Intellectual Property Office.
If the report is implemented, patent registration for the United Kingdom is to be abolished altogether on the ground that there is already a perfectly adequate service operated for the UK by the European Patent Office in Munich;in line with the trend towards localism, trade mark and design registration are to be franchised to 12 local registries for East of England, East Midlands, London, North East England, Northern Ireland, North West England, Scotland, South East England, South West England, Wales, West Midlands and Yorkshire and the Humber which will be offered to competitive tender; andIt is understood that an enquiry for the search service has already been received from India and the outreach service will be put out to competitive tender.Neither Dr Vince Cable, the Secretary of State for Business, Innovation & Skills, Lady …

Confidential Information: Hedgehog v Hauser

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In the Hedgehog Golf Company Ltd v Hauser [2011] EWHC 689 (Ch) (23 March 2011), Mr. Justice Newey granted the claimant Hedgehog a perpetual injunction from properly disclosing confidential information. in interlocutory proceedings "confidential information" had been defined as "confidential information relating to patent number 1625827 and all other research activities, inventions, secret processes, designs, formulae and product lines".
Now patents and confidentiality are opposites - like oil and water, north and south, chalk and cheese, Lancashire and Yorkshire, cat and dog and so on. If you have invented a new product or process you can either "disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art" in the hope of obtaining a 20 year monopoly known as a patent,or you can keep mum and rely on the law of confidence to prevent anyone to whom you may have disclosed your…

Bye Bye Robin Jacob

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Lord Justice Jacob will retire from the Court of Appeal to take up the Hugh Laddie Chair at University College London (see "Sir Robin Jacob to lead IP Law at UCL").
In accordance with tradition, valedictory speeches will be offered in the Lord Chief Justice's Court at 09:45 tomorrow, 21 March 2011.
He was not one of my easiest tribunals but he was one that I respected more than most. A very powerful intellect, one of our best jurists, I wish him well.
I invite all my readers who can reach London easily tomorrow morning to attend his valedictory if they possibly can. I invite everybody to contribute to fund the Institute of Brand and Innovation Law.

Why we needed to reform the Patents County Court: Deakin and National Guild

There are two new judgments from the Patents County Court on BAILII (British and Irish Legal Information Institute):
Deakin and Another (t/a Faith Image Source) v Card Rax Ltd and Others [2011] EWPCC 3 (1 Feb 2011) and National Guild Of Removers & Storers Ltd v Jones and Another (t/as ATR Removals)[2011] EWPCC 4 (9 Feb 2011).Deakin Deakin was the trial of an action and counterclaim for damages for breach of contract with incidental copyright issues that had been brought under the old CPR Part 63 and Part 63 Practice Direction relating to designs for greetings cards. gift wrap paper and other stationery. There was a re-re amended particulars of claim and two amended defences which gave rise to 65 issues. The trial had taken place before His Honour Judge Fysh QC over 10 days of May, June and July 2010 and judgment was delivered on 1 Feb 2011.
National Guild National Guild, by contrast, was an inquiry as to damages for trade mark infringement very similar to the same claimant's claim…