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

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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

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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

Posted in Confidential Information, Copyright, Designs, Intellectual Property Office, Intellectual property strategy, Invention, Litigation | Tagged , , , , , , , , | 2 Comments

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

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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

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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

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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

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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

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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

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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

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