Rise & Design in Marshall's Mill

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's Mill 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. 

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.

IP Clinic FAQs

 

Jane Lambert

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.

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.

Barnsley IP Clinic 14 April 2020

By Badics - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=35492068

Jane Lambert

On the second Tuesday of every month, I hold an intellectual property clinic at Barnsley Business and Innovation Centre at Wilthorpe between 16:00 and 18:00.  The next one is due to take place on Tuesday, 14 April 2020.  Obviously, I can't visit the Centre and neither can those who require advice but there is no reason why the clinic cannot be conducted by phone or video link.

As I said in IP Services during the Emergency 23 March 2020 NIPC Inventors Club, IP is now more important than ever:

"If we are ever to stop Covid-19 in its tracks it will be through the efforts of universities and biotech and pharmaceutical companies around the world whose research will have to be funded. Much of that funding will come from the private sector which will require legal protection for the revenue streams from which it will recoup such investment."

Very much the same is true of the design and development of medical devices, personal protection equipment, infection tracking and logistics software and all the other contributions that will be required to counter the menace.

Much of that work will be done by small businesses and in some cases individuals.   As I also said in the article, those businesses will need the best possible advice on patenting, licensing and technology transfer too and they will need them on affordable terms.  I cannot carry all the answers in my head but I can introduce you to attorneys, design consultants, specialist accountants and solicitors and others who can help take your project forward,   I described all the services that I offer in Barnsley Pro Bono IP Clinic 12 Nov 2019 7 Nov 2018,

So if you want to attend my online clinic please, complete the Initial Advice and Sihnposting form as soon as possible.

Sheffield IP Clinics

Sheffield Central Library

Author Chemical Engineer
Licence Creative Commons Attribution-Share Alike 4.0 International
Source Wikipedia, Sheffield Central Library

Jane Lambert

For over 11 years I have held an IP clinic in Barnsley on the second Tuesday of every month (see IP Yorkshire Clinics 17 Aug 2018).  I have now been invited by the Sheffield Business and IP Centre to hold a similar clinic at Sheffield Central Library in Surrey Street.

My first clinic will take place on Wednesday 10 April 2019 between 14:00 and 16:00.   It will be very much on the same lines as the Barnsley clinic. Up to 4 free consultations of 30 minutes each will be available at each session.

My clinics will supplement the CIPA's existing ones.  As I wrote in Whom you gonna call? IP Professionals and what they do 2 April 2019 NIPC Wales, each of the intellectual property professions has its strengths. My expertise lies in IP strategy. dispute avoidance and dispute resolution and commercialization and I shall focus on those matters.

Anyone wishing to book a slot should call Sarah Hogan, the Library and Information Officer, on 0114 273 4852 or email her on Sarah.Hogan@sheffield.gov.uk.  Anyone wishing to discuss this article may call me on 020 7404 55252 or send me a message through my contact form.

IP Yorkshire Clinics

Barnsley Town Centre

Author Peter Beard

Licence Creative Commons Attribution Share Alike 2.0
Source Wikipedia

Jane Lambert

On the second Tuesday of every month I hold an IP clinic at The Business Village in Barnsley.  Last Tuesday, I was consulted by two entrepreneurs who were setting up new businesses.  Their identity, businesses and ideas are, of course, confidential but I can mention some of the topics that we discussed without breaching anybody's confidence.

Non-Disclosure Agreements
The law on trade secrets changed on 9 June  when Directive (EU) 2016/943 ("the Trade Secrets Directive") came into force.  The government believes that our existing law already largely complies with the Trade Secrets Directive but it has had to issue The Trade Secrets (Enforcement, etc.) Regulations 2018 to implement the legislation.  I think The Trade Secrets Directive needs to be considered when drafting non-disclosure and other agreements (see Jane Lambert Checking your Confidentiality Clauses and Agreements for Compliance with the Trade Secrets Directive 27 June 2018 NIPC News).  Other articles readers may find useful include The Trade Secrets Directive 7 July 2016 NIPC Law, Transposing the Trade Secrets Directive into English Law: The Trade Secrets (Enforcement etc) Regulations 6 June 2018 NIPC Law and Transposing the Trade Secrets Directive into English Law: Confidentiality Agreements 5 Feb 2018 NIPC Law.

Enforcement
Another issue that arose directly out of the previous one is enforcement. It is one thing to get a signature on a non-disclosure agreement but it is quite another to hold the signatory to the agreement.  There are three things to be said. 

First, the Trade Secrets Directive makes it easier to sue.  At common law

"three elements are normally required if, apart from contract, a case of breach of confidence is to succeed.  First, the information itself, in the words of Lord Greene, M.R. in the Saltman case on page 215, must 'have the necessary quality of confidence about it' . Secondly, that information must have been imparted in circumstances importing an obligation of confidence. Thirdly, there must be an unauthorised use of that information to the detriment of the party communicating it." (per Mr Justice Megarry in Coco v A.N. Clark (Engineers) Limited [1968] F.S.R. 415; [1969] R.P.C. 41.

Under the Trade Secrets Directive a claimant need prove only that the information meets all of the requirements of art 2 (1):

"(a)  it is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;
(b) it has commercial value because it is secret;
(c) it has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret"

and that it was acquired unlawfully within the meaning of art 4 (2). that it was used or disclosed in breach of art 4 (3) or that it was acquired, used or disclosed in breach of art 4 (4) or (5). A breach of confidence at common law could also be an infringement of the Trade Secrets Directive but it is not necessary under the directive to prove that the information had the necessary quality of confidence about it or that it was imparted in circumstances importing an obligation of confidence and the mere acquisition of the information is actionable.

Secondly, businesses should always consider taking out intellectual property insurance whenever they create an intellectual property right  I have written a lot about IP insurance over the years and my latest article is IP Insurance: CIPA's paper  1 May 2016 NIPC Inventors Club.

The third point is that there is now an inexpensive forum for resolving intellectual property claims worth £10,000 or less. The procedure is much simpler and cheaper than in other courts and the costs that may be recovered from the losing party are limited to just a few hundred pounds.  Claimants cannot get interim injunctions in the small claims track but their actions usually come on for trial more quickly.   A claim for breach of confidence can be brought in this jurisdiction (see Jane Lambert Enforcing a Confidentiality Agreement in the Small Claims Track 9 March 2013).

Collaboration Agreements
Another connected topic concerns joint ventures. Who is entitled to apply for a patent, register a design or assert a copyright when two or more businesses work together.  There has been a lot of discussion on this topic lately and the Intellectual Property Office has held consultations on the topic in London, Birmingham and Manchester. I attended the one in Manchester and blogged about it in IPO Consultation - Business to Business Collaboration Agreements 23 July 2018 IP Northwest.  The IPO plans to set up a working party to consider model agreements on the lines of the Lambert Toolkit but it will be some time before those agreements are published if, indeed, they ever are.  For that reason, I gave a number of tips in Business to Business Collaboration Agreements 4 Aug 2018 NIPC Law.

Design
In almost every clinic there is a client who wants  to know about design protection in this country and overseas.   I usually mention unregistered design right, registered designs  unregistered Community designs, registered Community designs and copyrights.  One big change in design law has been the UK's accession to the Hague Agreement Concerning the International Registration of Industrial Designs on 13 March 2018 (see The Hague Notification No. 133 Hague Agreement Concerning the International Registration of Industrial Designs Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs Ratification by the United Kingdom of Great Britain and Northern Ireland on the WIPO website). British accession enables designers to apply for protection in all the countries of the Hague Agreement with a single application. Contracting parties include Canada, France, Germany, Russia, South Korea, the USA and the EU.

Accessing the Clinic
If you need advice or assistance on intellectual property or technology law the first step is to complete the following form below.  You do not have to be in Yorkshire to use the clinic.   I will try to advise you by email or telephone.  If you need to consult another professional I will tell you how to find an instruct one.  If I have worked successfully with a patent or trade mark attorney, solicitor or other professional in the past I may mention his or her name.   If you need an appointment with me I can see you in Yorkshire or London.

If you want to discuss this article call me on 020 7404 5252 or send me a message through my contact form.

Fill out my online form.

Forthcoming IP Events in Yorkshire

8 Sep 2014	Leeds IP Clinic 16:00 - 18:30 Free consultation with a patent attprney	Business & IP Centre Leeds, Central Library, Calverley Street. Leeds LS1 3AB, T 0113 247 8266
9 Sep 2014	IP Yorkshire Barnsley IP Clinic 10:00 - 12:00 Free 30 minute consultation with patent counsel and possible referral for a further free consultation with a local patent or trade mark attorney, IP solicitor, product development consultant or other specialist	BBIC, Innovation Way Barnsley, South Yorkshire S75 1JL
9 Sep 2014	Sheffield Patent Clinic Free 45 minute consultation with a local patent attorney To book an appointment call George on 020 7404 5252	Business and IP Centre,  Central Library, Surrey Street, Sheffield, S1 1XZ T 0114 2734736
16 Sep 2014	Business Startup Workshop- Moor Allerton 10:30 - 13:30	Business & IP Centre Leeds, Central Library, Calverley Street. Leeds LS1 3AB, T 0113 247 8266
17 Sep 2014	Companies House Networking & Information Seminar Leeds 09:30 - 12:30 and 14:00 - 17:00	Royal Armouries The Bury Theatre, Armouries Drive, Leeds, LS10 1LT
17 Sep 2014	Consultation with Roger Tipple, Innovator in Residence 13:00 - 18:30	Business and IP Centre,  Central Library, Surrey Street, Sheffield, S1 1XZ T 0114 2734736
22 Sep 2014	Movers and Shakers Talk by Rekha Mehr followed by a live streaming from London of a panel discussion by Michael Acton-Smith OBE, founder of MindCandy Vanita Parti, founder of Blink Brow Bar Sam Bompas, founder of Bompas & Parr. 17:45 - 21:00	The Electric Works, Sheffield Digital Campus, Sheffield, S1 2BJ
15 Oct 2014	"The Intellectual Property Act 2014 - What it means to you and your clients" 18L00 - 19:45 In depth discussion of the IP Act CPD Points	Business & IP Centre Leeds, Central Library, Calverley Street. Leeds LS1 3AB, T 0113 247 8266

Advanced Manufacturing Research Centre's Factory 2050

Images: Bond Bryan from the AMRC website

The University of Sheffield Advanced Manufacturing Research Centre (AMRC) with Boeing describes itself as "a world-class centre for advanced machining and materials research for aerospace and other high-value manufacturing sectors." It claims to be "a partnership between industry and academia, which has become
a model for research centres worldwide.".

Membership of the AMRC is open to companies which wish to participate in its research programmes.  There are two tiers of membership:

• Tier 1: for a subscription of £200,000 per year, Tier 1 members get a seat on the board and thus an opportunity to influence the direction of future research, to participate in, and obtain the results of all generic projects and an opportunity to specify any number of specific projects which are presented to the board for ranking and approval as funds become available; and
• Tier 2: for a subscription of 30,000, Tier 2 members participate in, and obtain the results of all generic projects, have privileged access to the AMRC’s resources and capabilities and representation on the board by a single board member.

According to David Parkin of the Yorkshire Business Desk, the Centre has recently secured £43 million funding for a state-of-the-art research factory (7 June 2013). Known as "The AMRC Factory 2050", it is said to be "the UK’s first fully reconfigurable assembly and component manufacturing facility for collaborative research, capable of rapidly switching production between different high-value components and one-off parts." Rotherham Business News describes it as "the World's most flexible factory" (6 June 2013).

This new project should provide opportunities for businesses throughout South Yorkshire and beynod.  With a member living in Yorkshire we are well placed to advise those businesses on intellectual property, licensing, and joint ventures and to provide representation in negotiations (see "Supporting Yorkshire Business" 22 May 2013 4-5 IP & Tech blog). Those services include the monthly pro bono clinic at Barnsley BIC which you can access by clicking the contact form or by calling us on 01484 599090 or 0113 320 3232.

Leeds Inventors Club, 17 Sep 2008 18:00 - 20:00

The speaker at next week's meeting of the Leeds Inventors Club will be Gareth Morgan of GAP Management in Barnsley. Gareth was our guest at the Sheffield club on 1 Sep and he spoke really well.

The club meets every third Wednesday except for August and December at Central Library, Calverley Street, Leeds, LS1 3AB. There is no subscription and meetings are free.

Between 15:00 and 17:00 on that same day I shall run a free IP clinic for members at NTI

Old Broadcasting House

Woodhouse Lane
Leeds
LS2 9PN.

I shall have room for 4 slots of 30 minutes each.   If you want to book an appointment to see me please call 0845 122 1555 for an appointment.