A Patent is Essentially a Right to Bring a Law Suit

That was the message that I hammered home when I spoke to Ideas North West  at The Globe Centre in Accrington on the 16 Jan 2014. If someone steals your car or handbag you can complain to the police and if they catch the villain the Crown may prosecute him. However, if someone infringes your patent or most other intellectual property rights you have to sue him in the civil courts.

Until April 2002 legal aid was available for intellectual property infringement claims but paragraph 1 (h) of Schedule 2 to the Access to Justice Act 1999 scuppered that. A report by the Intellectual Property Advisory Committee in 2003 showed that the UK was one of the most expensive countries in the world in which to litigate. It found that the average cost of a patent infringement claim in the High Court was £1 million and between £150,000 and £250,000 in the Patents County Court compared to 30,000 to 50,000 euros in France, 50,000 euros in Germany and 10,000 to 40,000 euros in the Netherlands (see "The Enforcement of Patent Rights" Nov 2003). Only in the USA were costs comparable to those in this country. However, in the USA it has always been possible for lawyers to contract to provide representation in exchange for a share of any damages that may be recovered whereas that was not possible here until very recently. Also, it is unusual for the unsuccessful party to be ordered to pay the successful party's legal fees in the USA whereas that is the normal order here.

Consequently, the UK was probably the most difficult country in the world for a small or medium enterprise ("SME"). That was probably one reason why the UK has consistently trailed not just the USA, Japan, Germany and France in the number of European patent applications but even the Netherlands with a third of our population and Switzerland with one eighth (for the figures between 2002 and 2007 see my articler "Why IP Yorkshire?" 10 Sep 2008 IP Yorkshire).

Both Gowers and Hargreaves spotted the cost of enforcement of intellectual property rights and a significant disincentive to research and development and both this government and the last have taken steps to reduce the cost of dispute resolution. S.13 of the Patents Act 1977 inserted s.74A and s.74B into the Patents Act 1977 which enables patent examiners to give non-binding opinions on whether a patent is valid or whether it was been infringed. Amendments to Part 63 of the Civil Procedure Rules in October 2010 enabled the Patents County Court to reduce the cost of litigation and limited the costs that can be recovered from the other side to £50,000 in most cases. In October 2012 a new small claims track was established in the Patents County Court for claims up to £10,000. Finally, in October 2013 the Patents County Court was replaced by the Intellectual Property Enterprise Court which is part of the Chancery Division but otherwise operates in exactly the same way as its predecessor.

Another development which should reduce the cost of enforcement for small and medium enterprises will be the new unitary or unified patent. This will be a European patent granted by the European Patent Office for all the member states of the European Union except Spain and Italy as though they were one country. Disputes over validity and infringement will be referred to a Unified Patent Court which will sit in Paris with sections in London and Munich.

I discussed all those developments and other matters in my paper "How to enforce your Intellectual Property Rights without going bust":

How to Enforce your Intellectual Property Rights without Going Bust from Jane Lambert

Of course, for most independent inventors, start-ups and other small businesses even £50,000 is a lot more than they can afford but there are now some insurance products that can minimize that expense and risk. One of the brokers that has developed such products is Cobra Special Risks and Ian Wishart of Cobra (who is also a patent attorney) discussed them in the following paper:

IP Insurance from Ian Wishart

If anyone wants to discuss this article or patenting or IP in general they can call me on 0161 850 0080 during normal office hours or get in touch through my contact form.  Alternatively, you can tweet me, write on my wall or message me through G+, Linkedin or Xing,

Copyright and Designs

David Fyfield, Charles Russell

On 12 Nov 2013 I presented a webinar on the small claims track of the Intellectual Property Enterprise Court to the Institute of Trade Mark Attorneys. After giving the talk I was invited by Catherine Wolfe to apply to join ITMA which I did.  One of the advantages of ITMA learning about and attending interesting talks on intellectual property. One of those talks was David Fyfield's update of legislation and case law relating to copyright and designs which took place at Heatons' officers in Manchester

David is an associate in the IP department of Charles Russell. He read history at Oxford and was admitted as a solicitor in 2007.  He joined Charles Russell in 2011 and was instructed in Molnlycke Heakth Care;s claims against Wake Forest University and Brightwake (Molnlycke Health Care AB v Wake Forest University and Another [2009] EWHC 2204 (Pat) (28 Aug 2009) and Molnlycke Health Care v Brightwake [2012] EWCA Civ 602 (24 April 2012)).

Heatons describes itself as a "boutique corporate and commercial law firm prepared to challenge convention and able to direct the action" .   Its IP partner is Bill Lister whom I first met at Pannone well over 20 years ago. The firm laid on quite a tolerable spread for us though I was unable to do full justice to it having arrived just before the presentation.

In his talk David discussed

• the changes to copyright and rights in performances effected by the Enterprise and Regulatory Reform Act 2013;
• the Intellectual Property Bill;
• proposed new exceptions to Part I of the Copyright, Designs and Patents Act 1988;
• the Court of Appeal's decision in The Newspaper Licensing Agency Ltd and Others v Meltwater Holding BV and Others   [2012] Bus LR 53, [2011] EWCA Civ 890, [2012] RPC 1;
• Judge Birss QC's decision in Abraham Moon & Sons Ltd v Thornber and Others [2012] EWPCC 37 (5 Oct 2012);
• the Court of Appeal's decision in Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1339 (18 Oct 2012) and subsequent hearings;
• the General Court's decision in  Case T‑55/12, Su-Shan Chen v OHIM;
• Arnold J's judgment in Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013); and
• Miss Recorder Michaels's decision in Uwug Ltd and Another v Ball (t/a Red) [2013] EWPCC 35 (30 July 2013).

I am sure that David will be pleased to discuss those cases and legislation with you if you contact him and I should be happy to talk about them too. Should you require further information do not hesitate to call me on 0161 850 0080 during normal office hours or through my contact form. You can also tweet, write on my wall or send me a message through G+, Linkedin or Xing.

What does the Intellectual Property Enterprise Court mean for Litigants in the North West?

Liverpool Civil and Family Court

On 1 Oct 2013 The Crime and Courts Act 2013 (Commencement No. 3) Order 2013 and  The Civil Procedure (Amendment No.7) Rules 2013 came into force. Art 3 of the commencement order implemented s.17 (5) and paragraph 30 (3) of Schedule 9 of the Crime and Courts Act 2013.  Those provisions repealed s.287 to s.289 and s.291 of the Copyright Designs and Patents Act 1988 and thereby abolished the Patents County Court.  Art 26 (b) (i) of the amendment rules established a new Intellectual Property Enterprise Court ("IPEC") as a specialist list within the Chancery Division.

Rules and Practice

IPEC exercises the same jurisdiction as was exercised by the Patents County Court. Most of the provisions of CPR Parts 45 and 63 that applied to the Patents County Court now apply to IPEC mutatis mutandis. Although part of the High Court IPEC has a small claims track as well as a multitrack. No new practice directions or court guides have been issued for IPEC. It may therefore be assumed that the old Part 63 Practice Direction and the Patents County Court and Small Claims Track guides continue to apply for the time being.

Liverpool, Manchester and Preston

The abolition of the Patents County Court and the establishment  of IPEC do not affect the jurisdiction of the rest of the Vice-Chancellor of the County Palatine of Lancaster and his deputies or of the Liverpool, Manchester and Preston County Courts under CPR 63.13 to hear intellectual property claims falling within paragraph 16.1 of the Part 63 Practice Direction.  When I wrote "Intellectual Property Litigation in Manchester and Liverpool" 11 July 2011 I thought that that jurisdiction would wither on the vine because I could think of very few circumstances why a litigant from the North West would wish to start his or her proceedings in Liverpool, Manchester or Preston.  I wrote:

"On 1 Oct 2010 new rules were adopted that make it very much cheaper and easier for small and medium enterprises ("SME") and individuals to bring any type of intellectual property claim in the Patents County Court. I discussed those rule changes in detail in my article "New Patents County Court Rules" on 31 Oct 2010. Since most intellectual property claims in North West England could be brought before the Patents County Court, practitioners in North West England should think long and hard as to whether it really is in their clients' best interests to issue proceedings out of Manchester, Liverpool or Preston rather than the Patents County Court. The only circumstances where I would still recommend issuing out of the Manchester, Liverpool or Preston District Registries are where the claim is likely to exceed £500,000 or where I need really urgent interim and probably "without notice" injunctive relief. I can think of no advantage of issuing intellectual property proceedings out of the Manchester, Liverpool or Preston county courts."

After the small claims track of the Patents County Court had been established I wrote in "Civil Justice Centre or the Rolls Building" 15 Oct 2012 I wrote:

"This new small claims track, which is in the Rolls Building in London, can probably handle many if not most of the intellectual property claims that have previously been brought in the chancery district registries and chancery county courts. Any case other than one relating to patents, registered and registered Community designs, semiconductor topographies and plant breeders' rights can be brought in the small claims track provided that the damages sought do not exceed £5,000. Since the remedy that most intellectual property owners want is an injunction against future infringement rather than damages or an account of profits for past infringement that is not a problem. Most intellectual property disputes are settled early either on undertakings given in correspondence or after the claimant is granted or refused an interim injunction. It is very rare for a successful claimant to insist on an account or an inquiry and very few settlements require the defendant to pay the claimant substantial damages."

There have been two developments since then that have caused me to modify my view.  The first is the introduction of costs management into all courts on 1 April 2013 and the abolition of the right to recover success fees and insurance premiums from the other side by virtue of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The second is s.17 (1) of the Crime and Courts Act 2013 which will establish a single County Court for the whole of England and Wales which can sit anywhere in those countries and will have nationwide jurisdiction over all intellectual property cases other than patents. registered and registered Community designs, semiconductor topographies and plant varieties which are reserved to the Patents Court and IPEC by CPR 63.2 (2).  It is also worth noting that the Court of Appeal reasserted the jurisdiction of the chancery county courts o hear small intellectual property claims in Sullivan v Bristol Film Studios Ltd [2012] EWCA civ 570 on 3 May 2012, a few months before the Patents County Court's small claims track was established (see my article "Enforcing Small IP Claims: Sullivan v Bristol Film Studios" 7 May 2012 NIPC Law).   For these and other reasons I wrote "Maybe we need to think again about the Chancery District Registries and County Courts" 5 May 2013 4-5 IP.

Which Cases would be suitable for Liverpool, Manchester or Preston?

If a claimant and his or her solicitors are in the North and he or she requires urgent interim injunctive relief I would consider issuing proceedings in Liverpool, Manchester or Preston. I would also consider issuing proceedings there for other IP claims if all the parties and their witnesses were in the North. Finally, I would consider the County Court sitting in those cities for claims similar to Sullivan's.

Other Procedures

Litigants and their professional advisers should never forget the alternatives to litigation.   For instance, domain name disputes can be determined more expeditiously and cost-effectively under ICANN's Uniform Domain Name Dispute Resolution Policy or Nominet's Dispute Resolution Service. Advisory opinions on validity and infringement of patents from IPO examiners can be obtained for £200 (see "Patent Office Advisory Opinions available from Monday" 1 Oct 2005 NIPC Law) and this service will soon be extended to design disputes by the Intellectual Property Bill (see "The Intellectual Property Bill" 28 May 2013). The IPO's hearing officers can determine claims for revocation of patents, revocation and invalidity of trade marks and many other intellectual property cases for a fraction of the costs of litigation in IPEC. The IPO also offers a very reasonably priced mediation service.

Further Information

If you require further information I shall present a webinar on IPEC's small claims track to the Institute of Trade Mark Attorneys between 12:00 and 13:00 on 12 Nov 2013.  You can also call me on 0161 850 0080 during normal office hours or message me through my contact form.  You can also tweet, write on my wall or send me a message through G+, Linkedin or Xing.

Creative Industries KTN Strategy and Funding Competitions Briefing in Salford on 1 Oct

According to the Creative Industries' Knowledge Transfer Network strategy programme for 2013 to 2016 the creative industries make up one of the UK’s leading industrial sectors, responsible for 1.4 million jobs and 5.3% of the country’s GVA. Apparently the UK has around 5% of the global export market for creative goods which ranges "from advertising and crafts to performing arts and video games." The document adds that

"As well as their direct economic value, these industries play an important role in catalysing innovation across the wider economy, through the products and services they provide, but also as means of originating and spreading new ideas, knowledge and ways of working."

In accordance with this strategy the KTN has announced tow two funding competitions that start this month:

• £15 million for cross-platform production in digital media; and
• £2.5m for collaborative research and development projects that lead to efficient digital transaction environments for the content industries.

To discuss those competitions the KTN is holding briefing meetings in London, Manchester, Glasgow, Gateshead, Birmingham and Cardiff.   The Manchester meeting will take place between 10:30 and 16:30 on 1 Oct 2013 at "The Landing", Salford, M50 2ST and you can book on-line through Eventbrite.

The Patent Box - Legislation, consultation, debates and Anne Fairpo on tax planning

In my report of the 3 May 2013 on the patent box workshop which we held  in Liverpool on 29 April 2013 I said that patent box was a tax concession to encourage research and investment in the UK. On our dedicated Patent Box blog I have inserted links to the legislation and the consultations and parliamentary history of this legislation.

Where to Find the Law
The basic provision is s.19 of the Finance Act 2012.   This section states that Schedule 2 contains provision about the treatment for corporation tax purposes of profits arising from the exploitation of patents etc.  This Schedule inserts a new Part 8A into the Corporation Tax Act 2010. The concession is summarized in a new s.357A (1):

"A company may elect that any relevant IP profits of a trade of the company for an accounting period for which it is a qualifying company are chargeable at a lower rate of corporation tax."

The following sections then define "qualifying company" and "relevant IP profits" and set out how the charge is to be made.

Legislative History

In order to better understand the policy behind this legislation I have linked to a presentation by the Treasury and HMRC which was given at an open event on 11 Jan 2011 in which the proposals were discussed in the "Presentations" panel of our Patent Box blog. I have also linked to the consultation document "The taxation of innovation and intellectual property", the response to the consultation and the minutes of a working group on the parent box which consisted of representatives of a number of leading companies.  A second consultation took place in June 2011 and there was another open event specifically on the patent box on 10 Jan 2012.  Finally I have included a link to the debate in Committee on the provisions relating to the patent box in the 2012 Finance Bill on 12 June 2012 as reported in Hansard.

Overview

For an overview on the legislation I commend the presentations by Dan Brookes, Vince Walker and Howard Veares of BDO given at our Patent Box Roadshows in Leeds, Liverpool and London earlier this year. There are also presentations by me and Michael Sandys, head of commercial law at Broudie Jackson Canter on patents and licensing.

Further Information

We are now looking at the patent box in more detail and I am delighted to announce that my colleague Anne Fairpo of Atlas Tax Chambers will speak on tax planning for the patent box at a seminar on the topic that we are organizing at Liverpool in London with our good friends Broudie Jackson Canter and Filemot Technology Law between 12:00 and 14:30 on 13 Sep. Anne as many of you know is an authority on the patent box and IP and taxation generally having written Taxation of Intellectual Property which is already in its third edition and contributed the chapter on taxation to Copinger & Skone James on Copyright.  She also keeps the IP Tax blog. Anne will be supported by Barbara Cookson of Filemot and Michael Sandys of Broudie Jackson Canter who will talk about patenting and licensing respectively and the professional services that their firms offer.

Coming to the Event

Although the event is in London it will take place on Lancastrian or at least Merseyside soil as Liverpool in London is popularly called the Liverpool embassy.  Our other speakers, Barbara Cookson and Michael Sandys, are from Blackpool and Southport respectively.  I will chair the event and I am a proud Mancunian (or should that be Mancunienne).  Lunch and the meeting room will be provided by Broudie Jackson Canter,  of Liverpool so this is very much a North West project showing off our region's expertise to the rest of the nation. The event is free but as we have space for only 15 people so if you want to come you have to book in advance. You can do this through Eventbrite at https://fairpo-on-the-patent-box.eventbrite.co.uk/.

A Travel Tip

If like me you live outside a big city and hate fighting your way through rush hour traffic to park at an overpriced car park to catch an even more overpriced train to the Smoke, here is a tip that I have picked up. Drive to Luton Parkway (the station for Luton airport).   It takes me just over two and a half hours from Holmfirth keeping just within the motorway speed limit but then it would take at least one and a half hours to get to Piccadilly or Sheffield stations not counting looking for parking at 08:00 and queuing to pick up a ticket from one of the solitary ticket collection machines.  I have a comfortable drive listening to music - a lot of Tchaikovsky and Chopin and other favourite ballet scores which always put me in a good mood.  I then park at the multi-storey at Luton Parkway station which costs £3 per day if you arrive after 10:00 on a weekday or £2 at weekends. Luton Parkway Station is less than 100 yards away and there are several fast trains an hour to and indeed through London to Surrey and Sussex if you are so inclined with First Capital Connect (also called "Thameslink").. I can tell you for nada, nothing and nowt that Thameslink is a heck of a sight better than the Trans Pennine Express any day of the week.  If you have a railcard and don't mind travelling back before 16:00 or after 19:00 it costs £9.48 with a railcard. Magic!

If you are coming to hear Anne speak on tax planning for the patent box on the 13 Sep 2013 you would take the Thameslink to Blackfriars and then change to the District to Tower Hill. Another tip - get yourself an Oyster card if you haven't already got one for it will save you lots of lovely lolly in London.  Royal Mint Courts are a few hundred yards from the tube and you have to cross a couple of busy roads to get to them. Once there ask the chappie at the entrance to the complex to point out the building that contains Liverpool in London.   I think it is called the Johnson Smirke Building. You can easily miss it - as Atlas's senior clerk did last time but then he is a Yorkshireman - because there is no signage outside.   Report to the front desk and they will ring up for someone to meet you.   You can't wander around the building because of typical Southern paranoia over security.  As you know, they can't say "boo" to a goose down there because they are as soft as putty.

How we can help with your IP and Tax Questions

Returning to IP and tax, we are one of the few chambers with expertise in both areas of law. Atlas Tax Chambers are a separate set but they share our premises, clerks and other facilities and work very closely with us. If you want to consult me or any other member of our IP, tech or media law group or Anne or any other member of Atlas on tax you can call us on 0161 850 0080 as well as 020 7404 5252. Unless you want to go down anyway to support City, United, Liverpool, Everton or whatever team your follow, catch a text match at Lords or the Oval, take your wife or husband to Harrods sale or Wimbledon, the kids to a show or museum or enjoy any of the other wonderful things London has to offer such as the Royal Ballet, English National Ballet, Ballet Black etc we can save you the traipse down by seeing you in Manchester. We have an arrangement with one of the leading Manchester sets to hold conferences at their premises. As always, if you want further information fill out my contact form, send me a tweet, write on my wall or send me a message through G+, Linkedin or Xing.

Finding the Right IP Advice

Jane Lambert

In his report Digital Opportunity - A Review of IP and Growth, Professor Hargreaves noted at paragraph 9.6:

"There exists a plethora of organisations providing advice and information in relation to IP. Such services range from Government backed bodies to independent, commercial and noncommercial institutions, as well as those that specialise in particular areas such as valorisation or combating counterfeiting. On the face of it, the marketplace looks diverse, but the survey suggests that, from the point of view of smaller companies, this is not resulting in clear product offers and competitive pricing. Evidence gathered by the Review from a wide range of sources suggests that the extent of information available on IP can actually act as a significant barrier to SMEs, particularly to start ups."

To help creatives, entrepreneurs, inventors and investors in our region, here is an introduction to the IP services that are available in North West England.

IP Professionals
There are basically four IP professions in England and Wales:

• patent agents (attorneys);
• trade mark agents (attorneys);
• solicitors specializing in IP work; and
• barristers specializing in IP work.

Patent Agents 

Although most patent agents like to call themselves "patent attorneys" nowadays the terms "agent" and "attorney" are actually interchangeable. Because lawyers in the USA are known as attorneys it is popularly supposed that "attorney" means lawyer here.   In fact "attorney" means "agent" and that meaning survives in the expression "power of attorney", an instrument appointing anyone (not necessarily a lawyer) to execute deeds and other transactions on another's behalf. Conversely, solicitors are sometimes referred to as "agents" in Scotland.

In America there are both patent agents and patent attorneys and the distinction between them is important. Both have scientific or technical backgrounds as well as advanced training in IP law. Both can represent clients before the US Patent and Trademark Office. However, a patent attorney is also a lawyer in the sense that he or she can practise in the courts of at least one state, territory or the District of Columbia. Only attorneys can advise on, and represent parties to, patent infringement cases.

No such distinction exists in England.  Patent agents have degrees, and sometimes advanced degrees, in natural sciences, engineering, technology or maths and undergo specialist training in IP law for examinations set by the Joint Examination Board of the Chartered Institute of Patent Attorneys ("CIPA") (formerly "Chartered Institute of Patent Agents") and the Institute of Trade Mark Attorneys ("ITMA") (formerly "Institute of Trade Mark Agents"). They are regulated by IPReg ("Intellectual Property Regulation Board) under the provisions of the Legal Services Act 2007. Though patent agents are now regarded as lawyers for most purposes their profession originated outside the law. Several firms of patent agents were started in the 19th century by instrument makers or other skilled craftsmen who had acquired practical experience of patent law.

Patent agents apply for patents and sometimes registered designs on behalf of inventors or other owners of inventions. They also object to such applications and apply for their revocation on behalf of third parties. They correspond with examiners and sometimes conduct proceedings before hearing officers appointed by the Comptroller General of Patents, Designs and Trade Marks,   They advise on licensing, enforcement and other matters relating to patents and registered designs. Some are authorized by IPReg to conduct litigation and appear as advocates in the Patents County Court and Senior Courts of England and Wales.

There is a separate qualification to practise before the European Patent Office. Such practitioners have always been known as "European patent attorneys". Many English patent agents are also European patent attorneys.

While it is possible for an inventor to apply for his or her own patent it is not recommended.   Patent applications have to be drawn up with great care and skill.  S,14 (3) of the Patents Act 1977 requires the applicant to "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." otherwise any patent that may be granted can be revoked later. The claims that set out the monopoly sought by the inventor must be broad enough to prevent circumvention but still be valid.  It takes a lot of book learning and practical experience to get that right and that is what you pay for when you wince at your agent's bill.

CIPA has a searchable database of patent agents on its website.  Several leading patent agencies have offices in Manchester and there are also offices in Altrincham, Blackburn, Burnley, Chester, Cockermouth, Preston and Southport.  When choosing a patent agent it is worth remembering that many specialize in particular types of patent applications such as mechanical, electronic or chemical.   Also, you do not have to go to a local firm and if you think you are likely to find yourself before a hearing officer or you want an agent with a particular background you may want to look outside the region,   I have worked with, or against, most firms of patent agents in the North of England and many from London and other regions over the last 30 years. If you want an introduction call my clerk Stephen on 0161 850 0080 or fill out our contact form for some names. We try to give three with whom we have worked satisfactorily in the past at least one of whom will be in the North West and another from outside the region.

Trade Mark Agents
These are professionals who apply to the Trade Marks Registry for trade marks and sometimes registered designs on behalf of business owners and other clients. They also object to other peoples' trade mark applications and registrations on behalf of third parties.  They advise on licensing and enforcement of trade marks and registered designs. They correspond with examiners and sometimes act in proceedings before the Trade Marks or Designs Registries of the Intellectual Property Office. Like patent agents, they are also regulated by IPReg. Some are authorized by IPReg to conduct litigation and appear as advocates before the Patents County Court and Senior Courts of England and Wales.

Most trade mark agents belong to ITMA which has a searchable database of trade mark agents on the home page of its website. There are several trade mark agents in Manchester and Liverpool and others in Altrincham and Oldham. Many patent agents are also trade mark agents.  Although it is said to be easier to apply for a trade mark or registered design than a trade mark there are still plenty of pitfalls for the unwary. The cost of a proper search, analysis and preparation of an application by a trade mark attorney may seem high for a start-up or other small business but it can often avoid a lawsuit.   If it does it is money well spent.

If you need a trade mark agent Stephen can help you find one. Call him on 0161 850 0080 or fill out his contact form.

Specialist Solicitors
Although patent and trade mark agents can and do advise on licensing and other transactions issues and many can and do conduct litigation or appear as advocates in the Senior Courts there are occasions when it is appropriate to consult a specialist solicitor. Sometimes there are contractual, employment, insolvency, tax or other issues as well as IP.  Similarly if there is likely to be heavy litigation in the High Court or Patents County Court law firms are more likely to have the necessary expertise and resources to conduct it.

When choosing a solicitor it is important to note that although many firms claim to be able to do IP not all of them have the same expertise or experience.  Many but by no means all firms with an established practice in IP belong to the Intellectual Property Lawyers Association. Most of those firms are in London but there are some in Manchester and other cities of the North.  There are also some really good IP solicitors outside the big law firms and boutique IP practices such as Michael Sandys of Broudie Jackson & Canter in Liverpool who instructed me in Excavating & Contracting, Microsoft v Ling and Newzbin1 and Craig Hollingdrake of JWK in Lancaster who briefed me in Needham v Stansfield, Twentieth Century Fox and Others v Harris and many other big cases.

As with patent and trade mark agents, if you want a good IP solicitor anywhere in the country or indeed elsewhere, call Steve on 0161 850 0080 or fill out his contact form.

Specialist Barristers
I set out the services that barristers can offer in "IP Services from Barristers" 6 April 2013 4 to 5 IP. We are specialist advocates who appear in the Patents Court, Patents County Court, Intellectual Property list of the Chancery Division and the Intellectual Property Office tribunals. Most of us have an in-depth understanding of one or more areas of IP law.   Mine are computer law and the needs of startups  and other small and medium enterprises.  

Although patent and trade mark agents and solicitors have rights of audience before those courts and tribunals there are occasions when the services of a specialist advocate or lawyer are desirable and sometimes indispensable.   One of the advantages of the bar is that all the judges of the Patents Court and Patents County Court and most of the judges of the Chancery Division have been recruited from our number. We have appeared in front of them and sometimes against them or with them when they were at the bar. Over the years we have got to know them very well and can predict better than most how they will decide a difficult or obscure point of law that has never arisen before.

Most members of the IP Bar belong to the Intellectual Property Bar Association ("IPBA"). There are a handful of chambers in London and around the country with specialists in IP work. We have particularly strong links with Manchester. Our other strengths are that we work closely with our colleagues in Atlas Tax Chambers and have expertise in the public law aspects of IP.

Other Sources of Information
There are Business and IP Centres at Manchester and Liverpool Central Libraries and also some excellent resources at Blackburn Central Library. Regular patent clinics take place in Manchester and Liverpool libraries and occasionally also elsewhere.  There are three good inventors groups in Liverpool (which I chair), Manchester and Blackburn.

For further information on all those matters call me on 0161 850 0080 or send me a message through my contact form.  You can also follow me on Facebook, Linkedin, twitter or Xing..

What is Intellectual Property and why do we have it?

Jane Lambert

Intellectual property is shorthand for a bundle of rights that protect investment in intellectual assets.

Intellectual assets are the je ne sais quoi that give one business a competitive advantage over all others.  They could be a company's reputation in the marketplace, the appearance of its goods, its technology or maybe a snazzy website or brochure.

The development of such assets costs money.   Sometimes oodles of money in the case of a new drug or airframe. Nobody will invest that kind of dosh without the chance of an adequate return.   And there is no chance of an adequate return if anyone is allowed to make the product, operate the service or otherwise exploit such asset an without the permission of the person who invested in it...

To encourage innovation and creativity, the law grants a range of monopolies and exclusive rights to the person responsible for such innovation or creativity.   To tempt inventors into making and dedicating to the public new products or processes, it grants monopolies of the manufacture, importation. distribution and storage of the products or of the use of the processes known as patents.   To guarantee the source of a product it gives the person who registers a distinctive sign for a range of goods as a trade mark the right to prevent everyone else from using that sign or anything like it in relation to the same or similar goods.   To encourage  new radio and TV programmes, novels and musical scores the law of copyrights grants the broadcaster, author or composer the right to prevent anyone else from copying, publishing or performing his or her work. That is one function of intellectual property law.

However, there is also another. The exclusive rights and monopolies that encourage innovation and creativity restrict competition which in turn drives up prices and reduces choice just like any other monopoly.   Unless limited in some way those rights can do a lot of harm.   The laws that grant the monopolies and other exclusive rights also set conditions for their use and duration.

Thus, intellectual property strikes a balance between two conflicting interests.  Incentivizing creativity while preserving competition.  Should you wish to discuss this article or any other aspect of intellectual property call me on 0161 850 0800 or complete my contact form. You can also follow me on  Facebook, Linkedin, twitter or Xing.

Further Reading
Jane Lambert    "Introduction to Intellectual Property" 1 July 2913 four2fuve
HM Government "How to protect your intellectual property" 30 May 2013 Direct.Gov