17 October 2024

The Northern Powerhouse Investment Fund Roadshow

Leeds Armouries

 

















Hours after returning from Estonia, I drove to Leeds to attend the Northern Powerhouse Investment Fund II Roadshow at the Royal Armouries Museum. Readers will be aware of my interest in this fund from my articles Northern Powerhouse Investment Fund II of 4 April 2024, Innovate UK Regional Investment Spotlight – Liverpool of 6 July 2024 and Northern Powerhouse Investment Fund II - Meeting the Funders of 14 July 2024 in NIPC Northwest and Northern Powerhouse Investment Fund's First Investment in Yorkshire of 19 July 2024 in NIPC Yorkshire.

The roadshow consisted of an introduction to and overview of the Fund by the British Business Bank, presentations by the Business Enterprise Fund and Mercia Asset Management and questions and answers to a panel consisting of representatives of the funding institutions.   

I asked two questions.   

The first arising from the government's announcement that funding to local enterprise partnerships had ceased in April 2024 which I mentioned in The End of LEPs in NIPC News on 8 Aug 2024 was how well local authorities were coping with their business advice and support tasks that the LEPs had performed since 2010 and Business Link before then.  I was encouraged and not a little surprised to learn that the institutions had found the transition from LEPs to elected authorities had gone well.  My experience had been more patchy.  I delivered a 90-minute introduction to IP law to staff at the London Boroughs Legal Alliance on 1 Oct 2024 which seemed to go down very well.  On the other hand I shared the slides and offered to repeat the talk to staff members of my own mayoral authority but have not yet received a response.

My other question was prompted by a response that I had been given at the Innovate UK Regional Investment Spotlight in Liverpool.   I had asked about going public and was told that the Alterbatve Investment Market or indeed any kind of stock market flotation was no longer available to successful scale-ups.  I did not understand the answer so I asked the Mercia fund managers for their experience.  Several said that they had clients who had made successful initial public offerings.

The event concluded with networking over hot drinks and pastries,   It was good to see Colin Glass of WGN Business Advisers and Stephen Waud, Chief Executive of the Business Enterprise Fund for the first time in years.  I also met Peter Sorsby, Investment Director of Mercia Asset Management.   

Altogether, it was a good day out of chambers.   Anyone wishing to discuss this article may call me on 020 7404 5252 during office hours or send me a message through my contact form.

5 September 2024

AI Innovation in Healthcare

John Smith Stadium
Copyright owner Arne Műseler Licence CC BY-SA 3.0 DE Source Wikimedia Commons

 











Jane Lambert

Earlier today I attended the "AI Innovation in Healthcare" conference on the third floor of the John Smith Stadium in Huddersfield.  It was one of the first events of the Huddersfield Health Innovation Partnership.  It began at 09:30 and ended at 15:30. Pathfinder Healthcare Developments C.I.C which helped to deliver the conference has posted some photos of the venue and a summary of the event on  LinkedIn.  The audience included academics, clinicians, computer scientists, healthcare professionals, investors and software developers   As far as I could see I was the only lawyer and I did not recognize any patent attorneys.

The morning started with breakfast.  After registration, attendees were offered a choice of yoghurt and cereal or fruit salad and hot drinks    The programme began with a keynote speech from Dr. Mina Gupta Chair of the Modality Partnership.  She outlined the services for patient care in the United Kingdom, the gradual automation of those services that had taken place in her lifetime, clinicians' attitudes towards automation and the use of artificial intelligence in primary care practices.  As I was mindful of the privacy, copyright and database rights issues that had arisen over AI training I asked her about the training of those systems.  She replied that they had been developed by third-party suppliers but that there had been no data quality or security issues.  I met her during the first coffee break when she amplified her answer and spoke in more detail about the resourcing of research.

The next programme consisted of debates and discussions.  Two panels of clinicians and computer experts discussed four motions relating to the use of artificial intelligence in healthcare.  After each motion groups of audience members who had been seated around tables were invited to discuss and vote on each of the topics.  I can't remember all of the motions but one was over whether leadership was the primary driver for the use of artificial intelligence.

Lunch consisted of a mixed salad with a choice of chicken or vegetarian accompaniments.  I circulated as much as I could during lunch and met an angel investor, a journalist and a sales representative for one of the AI systems suppliers,   I also visited the stands of Skin Analytics and Blue Prism and learnt about their products.  After lunch the auditorium was partitioned and we were divided into two breakout groups.  I joined the regulatory and ethical issues group which was addressed by two very interesting speakers.  

The first was a member of Google Healthcare's team in the UK.  He explained that Google contributes technical solutions to healthcare devices in developed markets such as the UK but did not create such products by itself.  He discussed some of the projects in which his company had been involved.  As I had recently read Lord Justice Birss's judgment in Comptroller General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd [2024] EWCA Civ 825 (19 July 2024) in which he explained in everyday language how artificial neural networks ("ANNs") work I asked the speaker whether the systems that he had described ran on ANNs or whether digital computers could be programmed to emulate such platforms.  He replied that his systems ran on ANNs.

The last speaker was Michael Watts of Blüm Health and I found him to be the most interesting speaker of the whole day,  He is both an entrepreneur and a doctor which is a rare combination and holds business as well as medical qualifications.   He had co-founded Blüm Health which is described on its website as a one-stop-shop digital health delivery partner.   He discussed some of his company's products and services in his presentation.   Being mindful of the Court of Appeal's decision in Emotional Perception I asked him about the legal protection of his software.  He replied that he was aware of the computer programs' "as such" exclusion from patentability and relied on copyright and first mover advantage;   I was very impressed by his talk and congratulated him on it afterwards.

The day finished with a group photo which was appropriate as it was very much an NHS family event.   I would have appreciated a little more focus on the technology and perhaps more discussion on intellectual property, data protection and other legal issues but then I am a friend and not a member of that family.  From the chatter that I heard on the way out the event had been enjoyed and appreciated.   It was certainly a good use of my time.

Anyone wishing to discuss this article can call me on 020 7404 5252 during UK office hours or send me a message through my contact form.

19 July 2024

Northern Powerhouse Investment Fund's First Investment in Yorkshire

Author Daderot  Licence CCO  1.0  Source Wikimedia Commons
Harlow Carr Gardens Harrogate


 










Jane Lambert

On 24 March 2024, the British Business Bank announced the launch of a £660 million fund to invest in businesses in the North of England known as the "Northern Powerhouse Investment Fund II" (see the British Business Bank's press release Launch of the Northern Powerhouse Investment Fund II provides £660m boost for small businesses of 21 March 2024).  I wrote about the launch in Northern Powerhouse Investment Fund II on 4 April 2024 in NIPC Northwest.   I learnt more about the fund at Innovate UK Regional Investment Spotlight – Liverpool which took place at the Liverpool Science Park on 26 June 2024 and I got the chance to question the funders at Daresbury on 12 July 2024 (see Northern Powerhouse Investment Fund II - Meeting the Funders 14 July 2024 NIPC Northwest).

The British Business Bank has recently announced the Fund's first investments In Yorkshire, the North East and North West.  According to the Bank's press release of 18 July 2024  the first investment in Yorkshire was £2 million to Worthenshaws Ltd trading as Kirsty's in Harrogate from Mercia Equity Finance.  The investment will be used to fund the development of new products and is expected to create 15 new jobs. Another aspect of the transaction is that Ian Kent will chair the company.

Worthenshaws Ltd.' first came to the public's notice when the company's founder, Kirsty Henshaw appeared on the BBC's Dragons' Den in 2010.  On that occasion, she raised investment to produce a frozen dessert alternative to ice cream.  According to Megan Dansby, that product was not sufficiently profitable. The company rebranded as Kirsty’s and introduced a range of oven-ready meals (see Megan Dunby Dragons’ Den success stories: Worthenshaw’s (and what you can learn from them) 23 March 2023 Startups). The post contains a link to Ms Henshaw's arrival at the Dragons' Den

Anyone wishing to discuss this article may404 5252  call me during office hours on 020 7404 5252 or send me a message through my contact form.  

8 July 2024

Hat Trick

Author Edgar Degas Public Domain Source Wikimedia Commons
























I mentioned The Creative Collective when it hosted Rita Britton in April 2024 (see Meeting Rita Britton, a Living Legend 9 April 2024).  The Collectiive's guest this morning was milliner speaker and blogger Sherry Richardson, another South Yorkshire fashion influencer.

Sherry recounted her life and career before she became a milliner.  She remembered a newspaper report about a millinery course and decided to enrol,.  She hoped that it might be possible to sell a few hats to her friends,  She brought two examples of her handiwork with her as well as a hatter's block which could be anything from 80 to 100 years old.   In the course of Sherry's lecture, I remembered that I had been at school with David Shilling who famously made the most unusual hats for his mother.   Sherry remembered him from a charity event at which he was the guest of honour.

In my previous article, I mentioned that Rita Britton had said that she was designing a bag listing Barnsley among the world's fashion capitals.   Today I saw an example of that product with the latest signage which has evolved as follows:

NEW YORK
PARIS
LONDON
BARNSLEY

That is not entirely tongue-in-cheek. There is a growing community of highly talented designers, makers and distributors in South Yorkshire.

Hats like Sherry's are probably protected from copying by copyright for the rest of Sherry's life plus 70 years as works of artistic craftsmanship.  Designers with reputations should think about registering their brands as trade marks here and in every other country in which they have a market.  Designs of items that are to be manufactured or licensed should be registered under the Registered Designs Act 1949.

Anyone wishing to discuss this article may call me on 07966 373922 during UK office hours or send me a message through my contact page.

7 July 2024

Huddersfield Health Innovation Partnership

Author Rlwjones Licence CC BY-SA 4.0 Source Wikimedia Commons




















The Huddersfield Health Innovation Partnership is a collaboration between the University of Huddersfield, 3M Buckley Innovation Centre, Business Kirklees, the NHS and other local and regional health and wellbeing bodies.  It was formed to offer businesses in the healthcare and well-being sectors:
  • business support
  • events and workshops
  • access to university and NHS expertise
  • office and lab space
  • funding, and
  • facilities for product development.
The University's National Health Innovation Campus is a 7-acre site, with planning permission for up to 7 buildings.  It will include a health and well-being academy, research facilities for skin integrity and infection prevention, psychological therapies, addiction and falls prevention. specialist clinical teaching facilities and space and equipment for teaching members of the public

One of the first events to be offered by the Partnership is AI Innovation in Healthcare which will take place between 09:30 and 15:30 at the John Smith Stadium.  One of the topics to be discussed at that event will be AI in pharmaceutical development.  It is a topic in which I have an obvious professional interest and I have already signed up for it.

The new healthcare and wellbeing businesses that will occupy office and lab space on campus will doubtless require the best possible advice and assistance on intellectual property and healthcare law.  I will continue the initial advice and signposting clinics that I have run for the last 20 years.   In those clinics, I advise startups and other small and medium enterprises pro bono on topics in which I have expertise or refer them to experts in other professions for such services as patent, trade mark or design applications, product design or prototyping, taxation and so on.  As I retain virtual office facilities at the Huddersfield Media Centre on N Northumberland Street I am well placed to promote and assist the Huddersfield Health Innovation Partnership.

Anyone wishing to discuss this article may call me on 07966 373922 during office hours or send me a message through my contact page,

13 June 2024

Space Hub Yorkshire

Author NASA  Public domain  Source Wikimedia

 














Jane Lambert

On 8 May 2022, I wrote Opportunities for Yorkshire Businesses in Space about an event at the 3M Buckley Innovation Centre on Opportunities for Manufacturers in Space which was promoted by the Leeds City Region Supply Chaim Programme and Space Hub Yorkshire.  

Space Hub Yorkshire describes itself as "a coordinator of Space activity across the region, a catalyst for new satellite and geospatial data markets, a source of Space expertise, a facilitator of new collaborations, a driver of investments, a champion for Space start-ups and an advocate for Space research and industry opportunities." It offers businesses funding opportunities, business development events and support, a way into cutting-edge research in academia and access to skills,  It has just published its first newsletter which announced a 2-day conference at the Royal Armouries in Leeds on 11 and 12 June 2024 on the theme "Ignite Space 2024".

The theme of the second day of the conference was "How the North of England can make the UK a Space Tech Superpower." This was a collaboration between Space Hub Yorkshire and the North East and North West Space Clusters to launch Space North, a project funded by the UK Space Agency to boost Space sector growth across the UK.

The Space North collaboration is likely to lead to many technical advances,    In The Role of Intellectual Property in Space Commerce I made the following recommendations in NIPC Cornwall which bear repetition here:

  • "Unless and until they are ready to apply for a patent, they should take great care to keep sensitive documents under lock and key when not in use and to ensure that all staff, collaborators, suppliers and others do the same.
  • Any sensitive information should be disclosed in confidence with the terms of the disclosure set out in writing.
  • Monitor any disclosures and require the return of any documents and copies once the purpose of the disclosure has been met.
  • For suitable inventions, apply for patents not just in the UK but in all important markets and in the countries of your main competitors.
  • Never forget alternatives to patenting such as copyrights for software, database right, unregistered design right and trade marks for brands."

Should anyone wish to discuss this article or any of its contents, call me on +44 (0)20 7404 55252 during office hours or send me a message through my contact form.

18 April 2024

Celebrating Barnsley's Intellectual Property on World IP Day

Joseph Bramah

 











Jane Lambert

World Intellectual Property Day is a celebration of creativity, enterprise and innovation.  Over the years Barnsley folk have demonstrated those qualities in abundance.  As for creativity, the composer John Arthur Casken, the playwright John Arden and the poet Ian McMillan came from Barnsley.  So, too, did the entrepreneur Rita Britton whose conversation I discussed in Meeting Rita Britton, a Living Legend on 9 April 2024.  But perhaps the Barnsley scion who has had the biggest impact on the world is the inventor, Joseph Bramah because he invented a device that enables large concentrations of humans to live healthily in close proximity to each other 

That device was the water closet which was Bramah's first and most famous invention but it was not his only one.   He developed a particularly secure kind of lock for which he received a patent in 1784. On the strength of that invention, he set up the Bramah Locks Company which continues to this day.  He also invented a hydraulic press the drawings of which are on Espacenet under the title "Obtaining and Applying Motive Power".  In his lifetime he received 18 patents for inventions that ranged from fire trucks to beer engines.   Wetherspoon has a pub called The Joseph Bramah at 15 Market Hill in Barnsley town centre.

Over the 20 years or so that I have been running a pro bono IP clinic at The Business Village I have seen many budding entrepreneurs and inventors.   Some I have referred to Sheffield Central Library for a patent search,  Others I have referred to product design consultants.   I have introduced several to local patent or trade mark attorneys.  On a few occasions I have helped businesses settle potentially ruinous disputes on advantageous terms at the earliest possible stage.

Barnsley's Library @ The Lightbox where I gave a presentation to local entrepreneurs entitled IP for Startups and Other SMEs in 2019. The Lightbox is part of the Business and IP Centre South Yorkshire which is itself linked to the British Library's nationwide network.  It is possible to access a lot of useful resources including Esp@cenet from the Lightbox and one-to-one interviews with experts are offered on that site.

Anyone wishing to discuss this article may call me on 020 7404 5252 during office hours or send me a message through my contact page.

9 April 2024

Meeting Rita Britton, a Living Legend









Jane Lambert

For the last 20 years, I have offered a free advice service on intellectual property and technology law to tenants of the Barnsley Business Village and other local businesses known as "Initial Advice and Signposting".  One of those tenants is Clea Digital which hosts a monthly event at the Business Village called the Creative Collective.  I attended that event yesterday because the guest speaker was Rita Britton.

Ms Britton is a living legend because she set up and ran a remarkable business called "Pollyanna."  This was a shop in Barnsley town centre that sold clothes and accessories from the world's top designers.  Though I am not sure whether I ever bought anything other than refreshments in the shop's cafe, I made a point of visiting it to admire the merchandise whenever I was in Barnsley.  If I met a visitor from another part of the UK or from overseas I would send them to the shop.  Ms Britton closed Pollyanna in 2014 after suffering a stroke and brain haemorrhage (see Rita Britton closes Pollyanna boutique in Barnsley after 50 years 16 June 2014 BBC website),  

Closing that shop was not the end of Ms Britton's story because she is still in business.  She recently incorporated a company called Pollyanna Barnsley Limited to make and sell clothing and accessories. That company is one of the tenants of the Business Village.  Yesterday's Creative Collective meeting was attended largely by Ms Britton's fellow business owners and tenants.  Most of the audience were women but I counted several men including Mr Kevin Steel, the Business Development Manager of the Business Village.

Ms Britton spoke animatedly and energetically without notes about her life and work  She mentioned her parents, upbringing and education.  She left school at 15 and found a job in a paper mill.  She passed her driving test soon after her 17th birthday which was apparently unusual for girls of her age in her neighbourhood  Her employer made use of that skill by asking her to transport workers to its premises in the South of England whenever some extra help was needed. She rose quickly through the company which provided an opportunity for her to learn a lot of useful management skills.

She opened her business with help from her father,  One of her first suppliers was Mary Quant and she also mentioned Barbara Hulanicki.  She spoke nostalgically about the 1960s and all the changes that it brought socially and culturally. Before the 1960s girls would dress like their mothers. The miniskirt allowed them to look and behave very differently.  I remember that period well though I am a few years younger than Ms Britton and grew up in suburban Surrey.  The social and cultural changes that she mentioned coincided with the change of government which led to the abolition of capital punishment and decriminalization of homosexuality.  There was also England's victory in the World Cup, protests against the Vietnam War, the first stirrings of women's liberation, the availability of oral contraceptives, student riots in Nanterre and the idea of flower power which contributed to the mood of the times.

Ms Britton mentioned some of the great personalities of the fashion world with whom she had negotiated.  She compared a visit to Jean Muir to an audience with the late Queen.  Some of her suppliers were very snooty on learning that she came from Barnsley.  Others showed great courtesy.  She found the Japanese to be particularly accommodating.  She recalled an incident where a Japanese supplier dismissed a Scottish employee who had been particularly offensive to Ms Britton during difficult times.  Ms Britton described herself as placid by nature but she quickly learned how to deal with aggressive behaviour in others.

The last part of her talk covered plans for her business.  She had recently designed a new bag with the words 

LONDON
PARIS
NEW YORK
BARNSLEY

but was thinking of omitting the word London.  One member of the audience suggested striking out all the names except Barnsley.  She had met some pushback from customers in London, two of whom are members of my profession.    She also spoke of the opportunities that she wanted to create for young designers.   She passed around a catalogue of jewellery made from jet which she had introduced to Dover Street Market.  What was needed, in her view, was a centre of excellence for local designers.   After her talk, I mentioned that we had such a centre in Huddersfield.

Today is one of the days on which I visit the Business Village for my drop-in IP clinic.  I have not had any appointments for today so far. However. I have been the first port of call for many young designers from all parts of the country who have sought advice on trade marks for their branding, registration for their product designs and copyright and design right protection for their merchandise and promotional materials.

Anyone wishing to discuss this topic further can call me on 020 7404 5252 during office hours or send me a message through my contact form at other times.

15 March 2024

Yorkshire IP Practitioners' TIPSY Night Out

Leeds Light Festival













Jane Lambert

TIPSY is an abbreviation, not an adjective.  It stands for The Intellectual Property Society of Yorkshire and it was started by my fellow St Andrean, Andrew Clay of Sonder & Clay,  I have mentioned TIPSY twice before in this publication.  The first time was when we entertained His Honour Judge Hacon to dinner (see TIPSY 10 Dec 2018).  The second was when we welcomed Mr Justice Birss as he then was just before lockdown (see TIPSY Dinner for Mr Justice Birss 28 Feb 2020).  I have attended a few more of these dinners but I have not always been inspired to write about them.

Yesterday's is worth writing about because the guest of honour was Justin Turner KC. He spoke to us about Mrs Justice Joanna Smith's decision in Getty Images (US) Inc and others v Stability AI Ltd [2023] EWHC 3090 (Ch) (1 Dec 2023) and the Supreme Court's judgment in Thaler v Comptroller General of Patents, Designs and Trade Marks [2023] UKSC 49 (20 Dec 2023).  I have a particular interest in those cases having mentioned both of them in my first newsletter. I wrote about Mrs Justice Joanna Smith's decision in Copyright and Artificial Intelligence - Getty Images (US) Inc and others v Stability AI Ltd in NIPC Law on 12 Dec 2023 and the Supreme Court's in The Supreme Court's Judgment in DABUS on 26 Dec 2023 in NIPC Law.

Justin focused on Getty and he produced a number of slides and handouts for the audience,  He began his talk by introducing us to Duncker's problem which Wikipedia describes as "a cognitive performance test, measuring the influence of functional fixedness on a participant's problem-solving capabilities." The objective is to fix and light a candle on a corkboard in a way that the candle wax won't drip onto the table below.  Each person who takes part is issued with a board, a candle, a box of drawing pins and some matches.  

He also screened an extract from a scientific paper but left it to us to guess its connection with Dubcker's problem, the concept of artificial intelligence and Mrs Justice Joanna Smith's decision not to strike out Getty's case against Stability AI.

In his discussion on DABUS Justin referred to para [52] of Lord Kitchin's judgment where he said:

"in this jurisdiction, it is not and has never been Dr Thaler's case that he was the inventor and used DABUS as a highly sophisticated tool. Had he done so, the outcome of these proceedings might well have been different."

That prompted me to ask the question: "Who is funding this and similar litigation around the world and why?"  Neither Justin nor anyone else around the room knew the answer to that conundrum.

On 31 Jan 2024, I attended an excellent introduction by Klaire Tanner to various artificial intelligence software that is available to the public and was shown what they can do.  I used one of those application to make the masthead for the second issue of my newsletter

Earlier today I was delighted to learn that Parminder Lally and one of her colleagues have accepted an invitation to speak at the Cambridge IP Law Summer School   She has drafted a lot of specifications for computer-implemented inventions and she knows a great deal about the legal issues relating to AI.  She is the author of the brAIn blog newsletter.  Her presentation last year was excellent.  I look forward to hearing again this August,

Anyone who wishes to discuss this article may call me on 020 7404 5252 during normal office hours.  At other times they can send me a message through my contact form.

28 February 2024

Rise & Design in Marshall Mills

Author Steve Buxton Licence CC BY-SA 4.0 Deed  Source Wikimedia Commons

 











Jane Lambert

"Rise & Design" refers to Design Network North's free monthly networking meetings that take place on the second Friday of every month.  Design Network North is a project delivered by RTC North.  According to its website RTC North is "one of Europe’s leading technology transfer companies with a trusted reputation for delivering services in innovation and business growth." Its head office is in Sunderland and it has branches in Leeds and Daresbury.

I was introduced to Design Network North when it held a Rise & Design meeting at the 3M Buckley Innovation Centre in Huddersfield on 20 Jan 2017.   I wrote about the event in Rise & Design in Huddersfield on 21 Jan 2017.  Most of its other meetings have taken place in  Gateshead or other venues in North East England which is a long way to travel for a morning networking event,  

However, during lockdown, Terry McStea Head of Design at Design Network North held formal or informal online discussions for entrepreneurs, designers, makers and their professional advisors almost every week.  As I live on my own I was very grateful for those sessions because they helped me to keep in touch with the rest of humanity during that difficult period.  I discussed some of those events in Rise and Design Online: A Webinar for Designers in Northeast England on Designing our Way out of Lockdown 16 June 2020 IP North East, The Impact of EU Exit on the Health and Life Science Sectors 19 Nov 2020,  IP North East, Rise & Design: Wearable Tech Webinar 13 March 2021, IP North East and The Bright Side of Death 14 Oct 2021, IP North East.

On 23 Feb 2024, Design Network North held a Rise & Design in the Chapter Hall of the Northern Monk brewery in the Old Flax Store of Marshall Mills on Marshall Street in Leeds.  The Chapter Hall is at the top of several flights of stairs of a building that does not have a lift,   As I am still nursing an injury that I sustained in a ballet workshop nearly 2 years ago I had to work hard and take my time to reach the meeting room.  Happily, ample supplies of hot drinks and sausage and bacon rolls rewarded our exertions.  I was one of the first to arrive and I made several new acquaintances over those refreshments before the meeting began.

Eventually, Terry called us to order and invited us to greet and exchange pleasantries with the person sitting next to us.  I met Sharon Sheard of Medola Comms on my table.   Terry then introduced Design Network North and the day's topic which was "The Power of Innovation".  He explained that innovation meant a new way of doing things which could include inventions but the concept was much wider than that.  Changing the way we communicate with customers, manage our staff or find new suppliers can also count.   Each of the speakers discussed a different aspect of the concept.

The first speaker was Fiona Conor, Managing Director of Trust Electric Heating Ltd. who had been on her feet when I arrived at the UK RI's Innovate Local event at Dean Clough Mills on 14 Nov 2023 (see Innovate Local Visits Halifax 29 Nov 2023). Mrs Conor's husband had invented a wall-mountable electric heater for which their company had sought a European patent.  Apparently, the initial design had been unpatentable but Mr Conor introduced some refinements which satisfied the examiners.  The speaker also told us that part of the development work had been undertaken by a university with Knowledge Transfer Exchange funding.   There was a short debate on the merits of collaboration between businesses and universities in Mrs Conor's Q&A in which I participated.

The second speaker was Darren Evans of the Engine Room whom I first met when the consultancy was based in the Huddersfield Media Centre.  Mr Evans is an engaging speaker whose abiding message was that one's brand is one's business and vice versa.    He discussed the case history of Paxman Coolers Ltd. which has developed a device to cool chemotherapy patients' scalps thereby preventing or reducing hair loss.  I remembered that that device had been featured at the Rise & Design meeting in Huddersfield just over 7 years ago.  I remarked in the Q&A that it had been impressive then and was even more interesting now.

The last speaker was Richard Hall of pd-m who is a product design consultant.   I have known him for many years and have chaired many meetings at which he has been the guest speaker and also shared platforms with him on more than one occasion.   He had been one of the speakers at the Rise & Design meeting in Huddersfield in 2017.  He always has something interesting to say and I think it was the opportunity to hear his presentation that attracted me to that Rise & Design meeting in Huddersfield.  Last Friday's event was the first time we had met since lockdown. pdM has grown over the years and has taken on new staff.  Most of its work is in the medical devices sector.   

After the talks, I gave a short pitch for the Initial Advice and Signposting service that I am relaunching from the Barnsley Business Village (see Relaunch of the Barnsley IP Clinic 16 Feb 2024) and promoting the IPEC Small Claims Track in Leeds (see Bringing or Defending a Small IP Claim in Leeds 8 Feb 2024). Incidentally, I have offered an Iittial Advice and Signposting service in the North East as well as Yorkshire since 2020 (see Initial Advice and Signposting in North East England 24 May 2020 IP North East)  and its has been possible to bring small IP claims in Newcastle upon Tyne as well as Leeds for several years (see Small Claims Track IP Litigation in Newcastle upon Tyne 19 July 2019 IP North Easr.

Both the Yorkshire and the North East England initial advice and signposting schemes operate on a triage basis.  If, for example, it appears that a client needs to see a patent attorney I will try to make a free 30-minute appointment with one which can take place by phone, Zoom or in the attorney's office.  One of the new connections that I made on Friday was with Greg Carty-Hornsby of Marks & Clerk.  He also gave a short presentation immediately after me and he has kindly agreed to give users of our initial advice and safeguarding service who need to meet a patent attorney up to 30 minutes of his time.

The last presenter was Ian Barber of IT consultancy Reach Aware Ltd which offers IT support and outsourcing.

Terry announced that the next Rise & Design meeting will take place in Newcastle.  There will be a video link for those who cannot attend in person.  He also promised a return to Huddersfield on 7 June 2024.

Anyone wishing to discuss this article may call me on 020 7404 5252 during normal business hours or send a message by my contact page. 

16 February 2024

Relaunch of the Barnsley IP Clinic

Photo ChicXulub Licence CC BY-SA 4.0 Deed Source Wikimedia Commons

 











Jane Lambert

Until the pandemic, I held pro bono consultations on IP and tech law at the Barnsley Business Village on the second Tuesday of every month. I continued to offer those consultations over Zoom during lockdown and afterwards (see IP Clinics FAQs 8 March 2023 IP Yorkshire). Even though a consultation could take place at almost any time they were never as popular as the drop-in clinic. Barnsley Business Village is therefore restoring the one-to-one clinics at the Business Village with effect from 16:00 on Tuesday 12 March 2024.

The new clinics will differ slightly from the previous ones in two respects,   First, I have recruited patent and trade mark attorneys and other IP specialists to our clinic.  If, for example, you want to apply for a patent for your invention you need to talk to a patent attorney rather than a lawyer like me.  If you need a prototype I will introduce you to a product design consultant.   I have spent my career advising specialist solicitors and patent and trade mark attorneys on difficult points of law, drafting complex legal instruments for use in business as well as litigation and representing parties in court, IPO tribunals and negotiations.  I should be best placed to advise on strategy, licensing and dispute resolution. Secondly, we shall make more use of Zoom and other technologies so that we can address your issues promptly. rather than wait until the second Tuesday,

The first step is to contact us,   The best way is by completing the form below but you can also call the Business Village on  01226 249590 or me on 020 7404 5252 to make an appointment for initial advice and signposting   If I think someone else is better placed to help you than me I will put you in touch with them.  Whoever you see will give you up to 30 minutes of his or her time absolutely free. 

Fill out my online form.

8 February 2024

Bringing or Defending a Small IP Claim in Leeds

Author Rich Tea Licence CC  BY-SA 2.0 DEED  Source Wikimedia Commons

 











Jane Lambert

Nearly 10 years ago I wrote How to Bring or Defend a Small Intellectual Property Claim in the Intellectual Property Enterprise Court in NIPC London. I wrote it with litigants in person in mind though I thought it would also be useful to lawyers who do not specialize in intellectual property and patent and trade mark attorneys who do not litigate regularly in the civil courts. It was intended to supplement A Guide to Bringing and Defending a Small Claim by the Civil Justice Council and A Guide to the Patents County Court Small Claims Track which has been replaced by the Guide to the Intellectual Property Enterprise Court Small Claims Track ("the Guide").

Much of that article remains true though there have been a number of developments since then.  The UK has left the European Union which means that IPEC is no longer a Community designs or EU trade mark court. Disputes over unregistered Community designs or EU trade marks that have arisen since 31 Dec 2020 are no longer within the IPEC Small Claims Track's jurisdiction.  The Leeds District Registry and the District Registries of several other major cities have been integrated with the courts in the Rolls Building in London to establish the Business and Property Courts (see my article Launch of a Judicial Super Highway? 12 July 2017 IP Northwest).  As a consequence of that integration it has been possible to bring certain types of small intellectual property claims in Leeds for most of the last 5 years (see Jane Lambert Small Claims Track IP Litigation in Leeds 10 July 2019).  According to Annex A of the Guide small IP claims in Leeds come before District Judge Prest KC.  Since 3 July 2023 most small IP claims litigation has been conducted in the North because Manchester Civil Justice Centre is now the new home of the IPEC Small Claims Track (see Jane Lambert IPEC Small Claims to be managed in Manchester 9 June 2023 IP Northwest).

The sections of How to Bring or Defend a Small Intellectual Property Claim in the Intellectual Property Enterprise Court that continue to apply are those headed "Do you need a Lawyer?" and "Have you got a Case?"  In addition to the pro bono services listed in section 6 of the Guide, I would add IP Pro Bono which is now part of LawworksAdvocate which was formerly known as "Bar Pro Bono" and my own "Initial Advice and Signposting" clinic which I run in conjunction with Barnsley Business Village.  

It is still necessary for claimants to write a "letter before claim" unless there are very good reasons not to do so but the practice direction referred to in the section headed "Pre-Action Correspondence" has been revoked and replaced with the Practice Direction - Pre-Action Conduct and Protocols (see my article What to do about the new Practice Direction - Pre-Action Conduct 6 May 2015 NIPC Law).  Guidance on the steps to be taken by parties to intellectual property disputes is no to be found in para 6 of the Practice Direction.

The first paragraph of the section headed "Starting the Claim" has to be modified since the Manchester Civil Justice Centre and not the Rolls Building is now the home of the IPEC Small Claims Track and a small IP claim can now be issued out of the Business and Property Courts in Birmingham, Bristol, Cardiff, Liverpool, Manchester and Newcastle as well as Leeds.   If you want a case study of an IP case in one of those other cities, see Small Claims Track IP Litigation in Bristol 24 Feb 2022 NIPC Severn-Hafren.

I would repeat everything else I said in my previous article.  Anyone who wishes to discuss this topic should call me during normal business hours on 020 7404 5252 or send me a message through my contact form.