Space Tech Assembly

 

Jane Lambert

Yesterday I attended the afternoon's panel discussions of Space Hub Yorkshire's Space Tech Assembly at Leeds University's Nexus.  I had introduced the Space Hub 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" in Space Hub Yorkshire on 13 June 2024.  The theme of yesterday's assembly was "How the space sector is disrupting your industry" and as my "industry" is professional services I particularly wanted to hear "Panel Five: How Space is Shaking Up the Financial & Professional Services Sector."

The members of that panel were Bod Buckby, Head of UK Primary Markets - North, London Stock Exchange, Nataliya Tkachenko, Sustainable AI Strategy Lead, Lloyds Banking Group and David Williams, a partner of Page White Farrer.  The chair of the panel was Vanessa Balmbra, a flood risk specialist from Burnley.  The chair asked the panellists to introduce themselves and describe their work. When it came to Mr Williams's turn, the chair asked him to explain the patent system.

Mr Williams summarized the basic principles concisely and stressed that patents were territorial.  He addressed why that might be a problem if an infringing product were deployed in space and referred to the Court of Appeal's judgment in Menashe Business Mercantile Ltd. and another v William Hill Organization Ltd.  [2003] WLR 1462, [2002] EWCA Civ 1702, [2003] RPC 31, [2003] 1 All ER 279, [2003] 1 WLR 1462.  In that case, the defendant was found to have infringed European patent (UK) 0625760 for an Interactive, computerised gaming system with remote terminals by making it available to users in the UK even though it ran its system on servers located in Antigua or Curacao.

One of the questions from the floor appeared to be about the Supreme Court's judgment in Thaler v Comptroller-General of Patents, Designs and Trade Marks  [2024] RPC 4, [2024] Bus LR 47, [2023] UKSC 49, [2024] 2 All ER 527.  It was asked in the context of whether the law has been left behind by advances in technology.  I sensed a ripple of concern around the room which might have been mitigated had reference been made to para [52] of Lord Kitchin's judgment in that case:

"It follows but is important to reiterate nonetheless that, 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."

I caught up with Mr Williams during the tea break because I was curious to know what sort of businesses were filing applications for patents for inventions for use in space technology and earth observation.  As Page White Farrer had a stand as well as a speaker at the event it occurred to me that they would know if anyone did.  I got the impression that there was some work in the field but no more than for anything else, Mr Williams and I discussed the cost of patent litigation in this country and we agreed that it should be avoided wherever possible,

There was one other legally qualified speaker in Panel Six: Challenges and Capabilities of Earth Observation in 2025.  That was Sue Streatfield, a partner of Clarion.  She outlined the services of her firm and (if I understood her correctly) seemed to indicate that she was instructed in transactional work relating to supply chains.

The valedictory speaker whose name I did not catch teased all non-Yorkshire attendees by disparaging light-heartedly everywhere else.  He said that the next meeting of the Space Hub will take place in Hull.

I should say a word about the venue which impressed me considerably,   Nexus describes itself as "a vibrant community for innovators and entrepreneurs" which promises to  "turn your big ideas into reality, whether that’s developing a new product or growing a successful business."  It seems to have attracted some very interesting businesses and some heavyweight partners.  Here are some of its members' case histories and here are some of its news stories.

Anyone wishing to discuss this article can call me on 020 7404 5252 during UK business hours or send me a message through my contact page at any time.

Rise & Design Returns to Leeds

 

Jane Lambert

I introduced Rise & Design in Rise & Design in Marshall's Mill on 28 Feb 2024.  They returned to Marshall's Mill on 7 March 2025 for its monthly meeting on the theme of Growth Through Innovation.  As usual, we had three speakers but, unusually one of them was the Head of Design Networth North, Terry McStea.

Terry demonstrated the power of artificial intelligence in creating designs.  He had instructed an AI system to design a team of robots accepting an award,  The end result was the image that appears above but there were a number of intermediate stages where the robots had extra fingers and other body parts.  All of those systems have to be trained and that is a hot issue in the law with cases like Getty Images (US) Inc and others v Stability AI Ltd [2023] EWHC 3090 (Ch) (1 Dec 2023) trundling through the courts.  HM Government has recently completed a consultation on IP and copyright which I discussed in UK Government Launches Consultation on AI and Copyright on 18 Dec 2024 in NIPC News.

The other speakers were Mike Waldron, Managing Partner of RDD+ and Colette Safhill, Managing Director of Myth Drinks.  RDD+ is a product design and development service which works with some big names.  Mike took us through a number of case studies showing the chain of development from the concept in the client's mind's eye to the finished product.  As that would amount to inventing in some circumstances I asked him whether he or the client would own the right to patent the invention,  He said that it would depend but in many cases, the client would own the intellectual property.  Colette introduced her company and some of her tempting products.  Alas, there were no free samples.  The most intriguing part of her story from my perspective was about a massive competitor who marketed a product with a very similar mark or name.  Apparently, she considered legal action but was advised that it was too risky and too expensive.

Colette left before the end of the meeting which was a shame because Phil Stephenson and Simon Woods of Bailey Walsh were in the audience as well as me and we could have helped her avoid similar problems in the future through trade mark registration and IP insurance,   Phil gave an elevator pitch about his firm and I gave another one on developing a simple IP strategy,

As usual, we had a very congenial and stimulating morning.  Terry chose good speakers and an excellent venue and arranged copious quantities of hot drinks and bacon butties.  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 at any time.

Production Park hosts Innovate UK Local

 

Jane Lambert

Production Park which hosted yesterday's Innovate Local West Yorkshire was a very different venue from the Great Victoria Hotel in Bradford or Dean Clough Mills in Halifax where previous Innovate UK Local events had been held.  Production Park describes itself as "a curated community of studios, technology and talent," It claims to have "helped the world’s biggest artists, brands, companies and channels produce world tours, shows, product launches, films and more." It is also an educational institution offering courses leading to first and postgraduate degrees in subjects relating to Production Park's activities,

As it is located on an industrial estate in South Kirkby, Production Park is not easy to find. Google Maps led me through residential streets and country lanes before delivering me to my destination. By the time I arrived, every space in the car park had been taken, so I parked in the widest and quietest part of the street, several hundred yards from the entrance.   

However, the moment I entered the room where the plenary sessions were taking place I could see why that venue had been chosen.   The room was cavernous.   It seemed as big as an aircraft hangar.  Tables lining the walls were occupied by exhibitors and caterers.  Several flights of stairs led to the ceiling,   An enormous screen projected images of the speakers who were seated on a dais overlooking the audience. Two years ago I attended the opening of Aria Studios just outside Llangefni (see Jane Lambert Aria Studios - its Importance to Northwest Wales 29 Jan 2023 NIPC Wales). Production Park was on a completely different scale.

The day began with a welcome from Megan Kearns, Knowledge Transfer Manager - Place (Local Partnerships), Jim Farnery, Director of External Affairs at Production Park, Sarah Bowes, Head of Business Innovation and Inclusive Economy at West Yorkshire Combined Authority and Lee Viney, Regional Manager at Innovate UK (Yorkshire & Humber and the North East).  They were followed by representatives of business support agencies in a session called "The Power of the Ecosystem in West Yorkshire."

In a Q&A session, my former MP, Jason McCartney, observed that the increase in defence spending announced by the Prime Minister was a business opportunity. He set up a company earlier this year that trades as Innovate Yorkshire,  According to its LinkedIn page, "Innovate Yorkshire is dedicated to helping businesses, charities, and organisations across Yorkshire and the North of England navigate complex challenges and unlock new opportunities."  He said that local companies were already winning defence business.

The last plenary session before lunch was called "My Business Innovation Journey,"  A panel of local business owners who had been assisted by Innovate UK were interviewed by a moderator about their dealings with Innovate UK.  They also took questions from the floor,   The industries represented ranged from medical devices to digital marketing. 

Our buffet lunch was tasty,   I chose couscous, prawns, salmon, mackerel strips, vegetables and onion bhajis.  I shared a table with Thierry Delange, Business Development Director of RTC North.  In Rise & Design in Marshall Mills on 28 Feb 2024, I noted that RTC North describes itself as "one of Europe’s leading technology transfer companies with a trusted reputation for delivering services in innovation and business growth."   During the lunch break, I visited the stands of ClimbUK, Leeds University Nexus, Leeds Beckett University's Knowledge Exchange, Trio and Innovate UK.  I was particularly interested to learn about Innovate UK's "No Limits" programme.

After lunch, we were offered the choice of three breakout sessions between 14:00 and 14:45:

• Driving Your Business Forwards: Innovate UK Business Growth;
• Financing Your Business Innovation Journey; and 
• No Limits To Innovation: Breaking Barriers and Building Futures.

I chose "Financing Your Business Innovation Journey" which turned out to be yet another panel discussion.

 

One of the speakers was Hana Hussein, Investment Director of Big Issue Invest, which is part of the Big Issue Group,  The Group exists to lift the most unfortunate members of the community out of poverty.  Big Issue Invest supports social enterprises, social-purpose businesses and charities that create core solutions to poverty.  

Another panel member represented Leeds Angels which was formed towards the end of 2024. While chatting to her after the session I learned that she was a patent attorney and that Leeds Angels had already held several dinners and pitching sessions.  We spoke about pitching and I mentioned my Tips for Pitching to Business Angels which I posted to NIPC Wales on 26 Feb 2025.

I asked about the advice and assistance that was available to companies that had made good use of private equity investment and were looking to expand still further through flotation.  I had previously raised that issue at Innovate UK's Regional Investment Spotlight in Liverpool on 26 June 2024 and at the Northern Powerhouse Roadshow at the Royal Armouries in October.  As in Liverpool and Leeds last year I was told that I had asked a good question but I did not get any good any good answers.  I believe that this is a vulnerability in our business support system which hurts our economy.  In my very modest way, I proposed a solution in From Startups to Scaleups in NIPC Wales on 19 Oct 2021.

The choice for the last breakout session between 15:00 and 15:45 was:

• Creative Innovation Powering West Yorkshire; 
• Empowering Innovation: Meet the Associates; and 
• Powering HealthTech Innovation: Unlocking West Yorkshire’s Ecosystem.

Having attended Huddersfield Health Innovation Partnership's first conference in September 2024 I chose the latter.

Instead of a panel discussion, the session convenor asked the contributors to the session who included John Cooper, Innovation Relationship Manager at West Yorkshire Combined Authority, Richard Hall of pd-m International, Lindsay Georgopoulos of Medipex and the representatives of Leeds University Nexus and Leeds Angels whom I had mentioned earlier to position themselves around the meeting room.  Attendees were encouraged to buttonhole the contributors and mark each meeting with a cross on a feedback form.  The whole session was called healthcare bingo.  It worked a lot better than it sounds.  I found myself in several meaningful conversations where I made or reinforced a connection or learned something new.

Production Park has its own fully licensed pub on its premises,  ClimbUK extended the networking until 17:00 by hosting a free bar for attendees.  As in Innovate UK Local's previous events in Bradford and Halifax, this gathering was well worth attending.  It would have been even better had the names and contact details of the speakers appeared on the Agenda.  A list of attendees would also have been useful.  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 page at any time.

The Interface between Copyright and Design Law

 

Jane Lambert

The guest of honour at yesterday's dinner meeting of The Intellectual Property Society of Yorkshire ("TIPSY") was Jonathan Moss of Hogarth Chambers.  The title of his talk was Rowing Uphill? The UK Position on Copyright in Works of Industrial Handicraft or Applied Art.  Rowing Uphill? was clearly a reference to Mr Campbell Forsyth's judgment in WaterRower (UK) Ltd v Liking Ltd. [2024] EWHC 2806 (IPEC)  in which Mr Moss represented the defendant.  That was not quite the same as the title of the advertised talk "Is copyright making a comeback for the protection of industrially produced items?” which referred to Ian Karet's judgment in Equisafety Ltd v Woof Wear Ltd [2024] EWHC 2478 (IPEC) (25 Sept 2024) as well as WaterRower but Mr Moss's talk was still jolly interesting all the same.  Coming two days after the launch of the IPO's Survey on priorities to shape UK system for protecting designs which I discussed in NIPC News yesterday the timing of Mr Moss's talk could not have been better.

Mr Moss divided his talk into three parts:

• Part I: Cofemel, Brompton and the copyright/design interface
• Part II: The Position following WaterRowe v Liking
• Part III: The Future?

Cofemel referred to C-683/17 Cofemel – Sociedade de Vestuário SA v G-Star Raw CV [2020] ECDR 9, EU: C:2019:721, ECLI:EU: C:2019:721, [2019] EUECJ C-683/17 and Brompton to Case C-833/18 SI, Brompton Bicycle Ltd and another v Chedech/Get2Get [2020] ECDR 10, [2021] CEC 670, EU: C:2020:461, ECLI:EU: C:2020:461, [2021] 1 CMLR 2, [2020] FSR 36, [2020] Bus LR 1619, [2020] EUECJ C-833/18.  These are two important judgments of the Court of Justice of the European Union to which Mr Forsyth referred in WaterRower.   I should add that Mr Karet also considered those cases in Equisafety.   The "copyright/design interface" referred to the fact that some industrial designs can also be protected by artistic copyright.  Mr Moss illustrated the point with a picture of a bookcase from his study which contained items that were definitely protected by copyright such as books but also ornaments that could be protected by design law. To underscore the point he referred to art 2 (7) of the Berne Convention and art 17 of the Designs Directive (Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs OJ L 289, 28.10.1998, p. 28–35)).  Mr Moss took us through the Court's decision in Cofemel and Brompton Bicycle.

In Part II Mr Moss took us through WaterRower which is a case that I discussed in The Trial - WaterRower v Liking on 20 Nov 2024 in NIPC Law. Before discussing Mr Forsyth's judgment he summarized Judge Hacon's judgment in Response Clothing Ltd v The Edinburgh Woollen Mill Ltd. [2020] WLR(D) 88, [2020] EWHC 148 (IPEC).  In that case, the learned judge held that the Marleasing principle could be used to make the EU test for a copyright work within the meaning of art 2 of the Information Society Directive with the test of artistic craftsmanship within the meaning of s.4 (1) (c) of the Copyright, Designs and Patents Act 1988,  For those who want a bit more detail on the point, I wrote about Response Clothing in Copyright: Response Clothing Ltd v The Edinburgh Woollen Mill Ltd. in NIPC Law on 31 Jan 2020.  Mr Moss said that Mr Forsyth had held in WaterRower that:

1. Artistic craftsmanship under s.4 (1) (c) CDPA could not be read in line with the Cefemel line of case law.
2. The WaterRower was not protected as a work of artistic copyright because it was intended for commercial use and the designer did not have the necessary characteristics of an artist-craftsman.
3. The WaterRower would have been protected under Infosoc and Cofemel.

Part III consisted of a picture of the Royal Courts of Justice and one slide which considered:

• The possibility of future cases of pleading copyright works that fall outside the closed categories of the CDPA;
• The test of intellectual creation as a gateway test when it comes to works of artistic craftsmanship;
• It is still unclear what exactly is the test for artistic craftsmanship; and
• The IPO's announcement of further consultation on the design/artistic copyright interface.

Surprisingly, there was only one question from the floor and that came from me.   As a patent had been granted for the WaterRower I asked whether Mr Moss had considered the point that Mr Justice Whitford (a former head of my previous chambers) had raised at first instance in Catnic Components Ltd. v. Hill & Smith Ltd. [1982] RPC. 183  that an applicant for a patent dedicates any copyright that may subsist in his patent drawings to the public. The answer was that the point had been considered and even raised but it was not properly developed because of the time limitations in the Intellectual Property Enterprise Court.

An additional bonus was that I was seated at a table with some very interesting companions.  The lady next to me was a Ukrainian national who had read law at one of the best law schools in Ukraine and the University of Dundee which had been a college of my alma mater until 1967.  As Andrew Clay is also a St Andrean I introduced my companion to him.  He already knew the lady's sister who was also at the dinner and whose acquaintance I subsequently made.   I invited both ladies to chambers whenever they have some spare time in London during a working day.  As my companion worked for  Womble Bond Dickinson I also introduced her to Patrick Cantrill who had once headed the intellectual property team at that firm and to Michael Harrison, Past President of the Chartered Institute of Patent Attorneys.

My only disappointment was that prices seem to have skyrocketed and standards of service seem to have nosedived at the Leeds DoubleTree Hilton.  The cost of the dinner meeting on 27 Nov 2024 was £68 and we got to hear a Lord Justice of the Court of Appeal, a cloakroom, Christmas crackers and party hats (although Mr Harrison and I were the only diners who wore them) and coffee.  Yesterday's cost £75.  We had nowhere to put our coats and above all we had no coffee.  The hotel is very convenient for Leeds mainline railway station though it is not always possible to park in or around Granary Wharf.  However, I would not object to our meetings taking place at a less expensive venue possibly in Bradford or some other city.

Nevertheless, I am very grateful to our organizer, Andrew Clay, for setting up and running TIPSY.  He has kindly agreed to speak to the St Andrews students' Law Society on 14 April 2025.  I intend to motor up to the auld grey toon that  Andrew Lang described so poignantly in Almae Matres in order to hear Andrew's talk.

Anyone wishing to discuss any of the topics referred to by Mr Moss or me should call me on 020 7404 5252 during UK office hours or send me a message through my contact form.