I am delighted to resume my intellectual property clinics at the Barnsley Business Village.
Until the pandemic, I used to hold in-person consultations at the Business Village between 16:00 and 18:00 on the second Tuesday of every month. During the pandemic, I transferred these online which enabled me to talk to clients at any mutually convenient time. That was entirely satisfactory in most instances but there were a few cases when it would have been helpful to have met the client in person.
I can now do that under arrangements that I have just agreed with the management of the Business Village (see Virtual IP Clinic with Jane Lambert – IP Barrister on the Business Village's website). As it is over 3 years since I last held a clinic in Barnsley I thought it would be useful to remind those who could benefit from the service with these Frequently Asked Questions.
1. What exactly is an IP Clinic?
An IP clinic is a free consultation with an expert in intellectual property law, Such an expert may be a patent or trade mark attorney or a solicitor or barrister specializing in IP. Members of those professions have different training and do different jobs but we all have similarly detailed knowledge of IP law.
Consultations with me are very much like telephone or Zoom conferences or conferences in chambers except that they are free and limited to approximately 30 minutes. That is usually long enough to dispose of most enquiries but if not I will refer the clients to other professionals (who may also offer a free 30-minute consultation) or other sources of information.
Consultations with me are very much like telephone or Zoom conferences or conferences in chambers except that they are free and limited to approximately 30 minutes. That is usually long enough to dispose of most enquiries but if not I will refer the clients to other professionals (who may also offer a free 30-minute consultation) or other sources of information.
2. What sort of Questions are you asked?
All sorts.
I think the most common is when an entrepreneur is thinking of starting a new business and needs to know the sort of steps he or she should take to protect the business from copycats and avoid disputes with established businesses. I advise on confidentiality agreements, trade mark registration, copyright in trade literature, and if there is a new product, options on patenting and design registration I warn against disclosing trade and business secrets, copying other businesses' Ts and Cs and photos and identify other professionals who can assist further.
Another very common question is about who owns IP resulting from collaboration with others such as product design consultants, universities or just friends and family. I can usually point to template agreements such as the Lambert Toolkit which offer workable solutions.
Often I am asked to help when an application for a trade mark, registered design or patent has gone wrong. That typically occurs when a business owner or inventor has decided not to instruct a patent or trade mark attorney. Usually, it is possible to save the application but sometimes the best advice is to consult an attorney and start again.
Occasionally, a client comes to me with a court order or letter before action and several ring binders of evidence and asks what can be done about it. I can usually advise on immediate steps to prevent the situation from getting worse and suggest a way forward for resolving the dispute in the medium term.
3. Do I have to live in Barnsley to consult you?
No! You can consult me by phone or Zoom from literally anywhere in the world but if you want a face-to-face meeting you have to come to me. I practise primarily from 4-5 Gray's Inn Square in London but you can also make an appointment to see me at the Barnsley Business Village, Huddersfield Media Centre or the Menai Science Park in North Wales.
4. Can I make multiple clinic appointments in the same matter?
No! If you need multiple appointments you are probably in long-term litigation or negotiations in which case you need to instruct solicitors and counsel in the usual way. I can help you find such representation and point you to specialist insurers and litigation funders.
5. How can I consult you?
You can make an appointment by calling 020 7404 5252 and asking for David Penson or whoever may be looking after his work while he is away from his phone. Tell David that you want a 30-minute pro bono appointment with me in the IP Clinic. He will do the rest. Alternatively, send me a message through my contact form. If you want a face-to-face meeting in Barnsley then fill out my initial advice and signposting form.
Whichever way you come I look forward to meeting you.
