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Category Archives: Litigation
How to bring a Small Claim in the Patents County Court
Until recently most intellectual property claims were brought at great expense and ended inconclusively in the Chancery Division. There was the Patents County Court in London but that was almost as expensive as the High Court and for a long … Continue reading
Posted in Dispute Resolution, Litigation, Patents County Court
Tagged CPR Part 63, Patents County Court, small claims track
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Litigation Funding for IP Claims
Until 2000 a large number of freelance artists, authors, designers, inventors and self-employed individuals relied on legal aid to protect their artwork, inventions and other intellectual assets but that source of funding was cut off by paragraph 1 (g) of … Continue reading
Posted in Dispute Resolution, Litigation
Tagged after-the-event, ALF, ATE insurance, before-the-event, funding, Harbour, litigation, third party
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Intellectual Property for Start-ups and other Small Businesses
Intellectual property (“IP”) is the collective term for the bundle of rights that protect investment in branding, design, technology, art and literature. Examples of such rights (“IPR”) include patents for inventions, registered trade marks for brands, registered designs for product … Continue reading
Patents County Court FAQ
These are the questions that I am often asked by solicitors – particularly those who do not specialize in intellectual property – about proceedings in the Patents County Court What is the Patents County Court? Officially the Patents County Court … Continue reading
Small IP Claims
In my case note “Enforcing Small IP Claims: Sullivan v Bristol Film Studios“ 7 May 2012 I discussed an appeal where a claim for infringement of copyright, moral rights and rights in performances was thrown out not because it lacked … Continue reading
Posted in Patents County Court
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Pre-Action Correspondence
On 16 Jan 1997, the US law firm, Sughrue, Mion, Zinn, Macpeak & Seas, sent the following letter to Prince Plc in England: “re: Domain Name PRINCE.COM Trademark Infringement and Dilution [...] Dear Sirs: We represent Prince Sports Group, Inc., … Continue reading
Posted in Dispute Resolution, Litigation, Practice
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The Right Way to Move a Motion
Members of the Chancery Bar Association have just received the following statement from the Chancellor: “The judges of the Chancery Division are concerned at the increasing number of applications in which the advocates involved and their instructing solicitors have failed … Continue reading
Court of Justice of the European Union holds European and Community Patent Court to be incompatible with EU Law
One of the reasons why the UK lies in 7th place in the number of European patent applications behind the USA, Germany , Japan , France , the Netherlands and Switzerland and just barely ahead of South Korea is that … Continue reading
Choice of Forum: Chancery District Registry or Patents County Court
Intellectual property cases other than those involving patents, registered designs, registered Community designs, semiconductor topographies or plant varieties cases may be issued out of: The Royal Courts of Justice; the Chancery District Registries at Manchester, Leeds, Liverpool, Newcastle, Birmingham, Bristol … Continue reading
Posted in Litigation
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Top 10 IP Developments in 2010
IMHO these were the top 10 news developments for IP practitioners in 2010: 10 Unilever Plc and others v Shanks [2010] EWCA Civ 1283 Clarified the law relating to employees’ patents. See my case note of 27 Nov 2010. 9. ACTA (Anti-Counterfeiting … Continue reading
Posted in Copyright, Litigation, Patents, Patents County Court, Trade Marks
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