Intellectual Property seminar for Startups and other SMEs

Jane Lambert 

The Barnsley Business Village has invited me to speak on Intellectual Property for Startups and other SMEs at the Business Village's East Meeting Room on 12 Feb 2026 between 12:00 and 14:30.   

Here are the details:

Jane Lambert

Key takeaways:

• IP is a business asset, not just legal admin
• Investors care about IP more than founders think
• Getting it wrong early is expensive to fix later

Event content: Protecting Value, Not Just Ideas

1. Welcome & Why IP Actually Matters

Most start ups don’t fail because their idea was bad — they fail because someone else copied it better, faster, or with deeper pockets.

2. IP Terminology (Without the Legal Headache)

Plain-English explanations of common terms so you can leave able to understand IP conversations without a translator!

3. Overview of the Main IP Rights

A practical tour of the IP toolbox – patents, trade marks, copyright etc, what they protect, and when they are useful.

4. Registration Processes & Typical Costs

What can be registered, how long it takes, and ballpark costs.

5. Enforcement: What Happens When Things Go Wrong

Explanation of what “enforcement” actually means and what it looks like.

6. IP Insurance: Boring Name, Surprisingly Useful

What IP insurance covers, typical types and costs, and common misconceptions.

7. Devising an IP Strategy

How and when to turn IP from paperwork into power.

8. Integrating IP into a Business Plan

Learn where IP fits in a business plan, how it affects valuation and red flags that scare investors off.

9. Monitoring Competitors & the Market

Using tools and databases to keep an eye on competitor IP flings and potential infringement risks.

10. Where to Find Further Information & Help

Leave the seminar with free and low-cost advisory services, grants, support schemes and innovation hubs.

Optional Extras

• Real-world startup IP horror stories
• Short case study: “Good IP vs Bad IP Decisions”
• Live Q&A with practical scenarios

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Book your FREE place to this seminar.   We hope to see you there!

Huddersfield Health Innovation Partnership

Author Rlwjones Licence CC BY-SA 4.0 Source Wikimedia Commons

Jane Lambert

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,

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.

TIPSY Dinner for Mr Justice Birss

Author General Tire Source Wikipedia General Tire 

Jane Lambert

Mr Justice Birss was the guest of honour at  The Intellectual Property Society of Yorkshire ("TIPSY") dinner at the DoubleTree by Hilton hotel at Granary Wharf in Leeds on 27 Feb 2020.  Once again it was organized by Mr Andrew Clay, a solicitor specializing in intellectual property law in Harrogate. The meal with its choice of three dishes for each course was excellent. I chose soup, salmon and crumble together with white and red wine, mineral water and coffee.

After dinner, Dick Waddington pf Appleyard Leeds introduced our guest and invited him to speak on the Assessment of Damages for IP Infringements.   Disarmingly the judge acknowledged that he had not chosen the most riveting topic for an after-dinner speech.  Having said that, his talk was as interesting and entertaining as any on the subject. The only hissing he received was when he mentioned his Scottish birth and Lancastrian education.  He had contemplated (but then thought better of) appearing in his old school tie which included red roses in its design. However, he revealed a Yorkshire connection in that his mother had moved to Ilkley.

The speaker began with a reminder that intellectual property infringement was a tort and that an award of damages in tort was supposed to put the injured party in the position he or she would have been had the wrong not been committed. Easy to say but not always easy to apply.  There were two qualifications to that rule

• An account of profits which is restitutionary or perhaps fiduciary in nature is available as an alternative to damages; and
• Damages for the misuse of confidential information is a remedy for a breach of an equitable duty rather than compensation for a tort.

Mr Justiice Birss reminded his audience of the House of Lords' decision in General Tire and Rubber Company v Firestone Tyre and Rubber Company Ltd [1976] RPC 197, [1975] 1 WLR 819, [1975] 2 All ER 173, [1975] FSR 273 which considered different ways of assessing damages.  One way was to calculate the loss of sales.  Another was to compute the royalties that would be agreed by a willing licensor and a willing licensee bargaining at arms' length,  There were however difficulties with both approaches.  Litigants were very different from parties wanting to do business with each other and there are circumstances when a claimant would have incurred losses from sales of a non-infringing item even if there had been no infringement.

The judge discussed such cases as Wrotham Park v Parkside Homes  [1974] 1 WLR 798 and Attorney General v Blake [2001] Emp LR 329, [2000] EMLR 949, [2000] UKHL 45, [2001] 1 AC 268, [2000] 4 All ER 385, [2000] 3 WLR 625, [2001] IRLR 36, [2000] 2 All ER (Comm) 487, [2001] AC 268, [2001] IRLR 37 where the object was to impose a cost on the defendant for breaching a restrictive covenant or a duty of confidence rather than delivering compensation. He also considered  Morris-Garner & Anor v One Step (Support) Ltd. [2019] AC 649, [2018] WLR(D) 260, [2018] 3 All ER 659, [2018] 1 Lloyd's Rep 495, [2018] UKSC 20, [2018] 2 All ER (Comm) 769, [2018] IRLR 661, [2018] 2 WLR 1353.

Points that the judge mentioned briefly included alternative ways of computing FRAND royalties - extrapolation or comparables - the right of a successful claimant to request disclosure of a defendant's sales so that he can make an educated choice as to damages or an account of profits, assessing damages liberally and the innumeracy of many lawyers.  Only at the very end did the judge mention the Enforcement Directive and then only in passing.

Mr Justice Birss reminded the audience that small claims track IP cases could now be brought in Leeds and other major cities outside London and he urged his audience to use them.  If there was demand for IP litigation outside London the courts would arrange for multitrack cases to be heard there.  In the Q and A that followed, one questioner asked about punitive damages in IP, another mentioned a rumour that the UK planned to withdraw from the Unified Patent Court agreement while Mr Clay speculated on a claim for a battleship fitted with a tine whistle.  I raised my hand and gesticulated wildly but Dick Waddington did not see me.

It was a very good evening and I look forward to the next one which is likely to be in June with Michael Silverleaf QC as the guest speaker.   Anyone wishing to discuss this article or damages generally may call me on 020 7404 5252 or send me a message through my contact page.

IP Training in Doncaster

Doncaster Minster

Author: Frees  Release of copyright CCC 1.0   Source Wikipedia Doncaster

Jane Lambert

Yesterday I delivered a half-day workshop on intellectual property law to a prominent South Yorkshire law firm at its officers in Doncaster.  My audience consisted of contentious and non-contentious law practitioners in company/commercial, dispute resolution and employment. Their experience ranged from head of department to trainee.

The timetable and syllabus were as follows:

09:00 - 09:15   Registration and set-up

09:15 -10:00    Basic Concepts and Terminology: What is intellectual property? What is the difference between intellectual property and intellectual assets? What are intellectual assets? Registerable rights and non-registerable rights, Intellectual Property Office, EU Intellectual Property Office. European Patent Office. World Intellectual Property Organization, World Trade Organization. Intellectual Property List: Patents Court, Intellectual Property Enterprise Court, Small Claims Track, Chancery Division, County Court. Hearing officers. Remedies: injunctions, delivery up, account and inquiry, costs. Interim injunctions, search orders, freezing injunctions, blocking orders. Licensing: non-exclusive, exclusive, sole. Reports of Patent Cases, Fleet Street Reports.

10:00 - 10:45  How the Law Protects Brands: What is a brand? Law of Passing-off: Reckitt and Colman Products Ltd v Borden Inc.and Others [1990] 1 WLR 491, [1990] 1 All ER 873, [1990] UKHL 12, [1990] RPC 341. Trade mark registration: what is a trade mark? Trade Marks Act 1994, Directive (EU) 2015/2436, Regulation (EU) 2017/1001, Madrid Protocol, TRIPS, distinctiveness, specified goods and services, infringement, application process, opposition, revocation and invalidation Geographical Indications of Origin extended passing-off, certification and collective marks, EU legislation for foods and beverages, Other ways of protecting brands

10:45 - 11:00   Break

11:00 - 11:45  How the Law protects Designs Distinction between ornamental design and functional design Ornamental Design Registered Designs Act 1949,  Directive 98/71/EC Regulation 6/2002, novelty, individual character, registered Community designs, unregistered Community designs, infringement Functional Designs Part III Copyright Designs and Patents Act 1988, infringement Artistic copyright Surface decoration, artistic craftsmanship, Semiconductor topographies

11:45 - 12:30  How the Law protects Technology Common law obligation of confidence Trade Secrets Directive, Subsistence, Breach, Patents Patents Act 1977, European Patent Convention, Proposed Unitary Patent and Unified Patent Court, Patent Cooperation Treaty, Subsistence, Specification, Infringement, revocation, Computer software exception Plant Breeders' Rights

12:30 - 13:15   How the Law protects Creativity    Copyright, Part I of Copyright Designs and Patents Act 1988, Berne Convention, Subsistence, Restricted Rights, Exceptions, Infringement, Licensing    Performances Part II of 1988 Act 

Should any other firm in Yorkshire (or indeed elsewhere) desire such training, please call my clerk, David, on 020 7404 5252 and he will assist you further.

Small Claims Track IP Litigation in Leeds

Leeds Law Courts
© 2003 Jane Lambert: all rights reserved

Jane Lambert

One of the most interesting announcements of the new Intellectual Property Enterprise Court Guide is the decision to appoint from October 2019 district judges to hear small intellectual property claims in Leeds (see The New IPEC Guide 4 July 2019 NIPC News).

The cases that those district judges will be entitled to hear pursuant to CPR 63.27 will be claims for £10,000 or less for the infringement of intellectual property rights other than patents, registered and registered Community designs, semiconductor topographies and plant varieties. In Small IP Claims, I gave examples of cases that might be suitable for the small claims track and of others that would not.  The claimant must ask for the claim to be allocated to the small claims track in its particulars of claim and no objection should be raised by the defendant.   However, even if a case falls within the jurisdiction of the small claims track and the parties want it to stay there, the court may transfer it to the multitrack if it is likely to take more than a day to try or there is a difficult point of law or factual issue to decide.

Proceedings in the small claims track are governed by CPR Part 27 and the Part 27 Practice Direction as modified by CPR 63.27 and CPR 63.28 and paragraph 63.32 of the Part 63 Practice Direction.  Though successful claimants can obtain final injunctions and orders for delivery up of infringing materials as well as damages or accountable profits they cannot claim interim injunctions.  Liability and the amount of any damages or other pecuniary relief to be awarded are decided at the same time.  Directions are given automatically in accordance with Appendix B or C of the Part 27 Practice Direction after statements of case are exchanged and although the court has power under CPR 27.6 to hold preliminary hearings these are the exception rather than the rule. There is no provision for disclosure and the costs that may be recovered from an unsuccessful party are limited to court fees, £260 if an injunction is sought and a lawyer has been instructed, travelling expenses and loss of earnings up to £95 per witness and up to £750 in experts' fees.

The new IPEC guide indicates that those wishing to bring an IP case in the small claims track in Leeds should use the electronic filing system.

Anyone wishing to discuss this article or small claims track IP litigation generally should call me on 020 7404 5252 or send me a message through my contact page.

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.

Sheffield Business and IP Centre: IP Rights and Brexit

IP Rights and Brexit from Jane Lambert

One of four things has to happen between now and the 29 of this month:

• The withdrawal agreement that art 50 (2) of the Treaty on European European Union required the EU and UK to negotiate and conclude may be approved by Parliament in which case we shall leave the EU on the 29 but EU law will remain in force until 31 Dec 2020 at the earliest;
• The Prime Ministers notice of intention to leave the EU may be revoked in which case everything will remain the same forever;
• The UK and remaining EU member states may agree to extend the 2-year notice period in accordance with art 50 (3) in which case everything will remain the same as it is now until the end of that further period; or
• Nothing may be done between now and the 29 of this month in which case the UK will leave the EU at 23:00 on the 29 and EU law will cease to apply.

We shall not learn which of those four will happen until 12 March at the earliest and perhaps not even then if the withdrawal agreement is voted down again.

My presentation to Sheffield Business and IP Centre at Sheffield Central Library on 6 March 2019 considered the consequences for IP of each of the four scenarios.  It analysed the IP provisions of the draft withdrawal agreement which will be implemented under draft secondary legislation pursuant to the European Union (Withdrawal) Act 2018 from midnight on 1 Jan 2021 at the latest if that agreement is approved by Parliament.   Such secondary legislation will come into effect at 23:00 on 29 March 2019 if the UK leaves the EU without a withdrawal agreement.  The legislation will not be needed at all if the 2017 notice is revoked.  Its implementation will be delayed until at least the end of the extension period if the 2-year notice is extended.

The presentation considers the future of the Unified Patent Court and the unitary patent.   If the 2017 notice is revoked the UPC Agreement could come into force with continued British participation so long as a challenge to the constitutionality of  German certification in the German Constitutional Court is defeated. If the notice period is extended or a withdrawal agreement is approved by Parliament continued British participation may be possible.   It is highly unlikely if the EU leaves without an agreement.

The draft secondary legislation provides for the conversion of EU trade marks and Community designs and plant varieties into corresponding national rights.  EU legislation on supplemental protection certificates and compulsory licences will be incorporated into national law.  But the Brussels Regulation and Lugano Convention could fall away without a withdrawal agreement and English and Welsh, Scottish and Northern Irish courts will lose the right to seek preliminary rulings on the interpretation of EU law from the Court of Justice of the European Union.

Should anyone wish to discuss this presentation or the effect of Brexit on IP rights generally, they should call me on 020 7404 5252 during office hours or send me a message through my contact form.  

Brexit Countdown: What you should have done to protect your IP and what you can still do

Sheffield Central Library

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

Jane Lambert

IP Rights and Brexit  Sheffield Business and IP Centra, Central Library, 6 March 2019 18:00

Because intellectual property protects investment in branding, design, technology and creative output, any change in the nature and extent of the legal protection is likely to impact on the businesses that rely on such protection.  Since EU trade marks, registered and unregistered Community designs, geographical indications and Community plant variety rights will cease to apply to the UK upon its departure from the EU, Brexit will have a substantial impact on all those businesses.

For that reason, I have been writing and speaking about the consequences of Brexit even before the 2016 referendum (see Were we to go - what would Brexit mean for IP? 26 Feb 2016 NIPC Law). I contributed the chapter on IP to Helen Tse's Doing Business after Brexit,  I have spoken about the topic at leading law schools (see Implications of Brexit on IP Law 19 Jan 2018). I have followed each and every turn of the Brexit negotiations in my Brexit blog in order to advise my clients accurately and comprehensively (see Brexit - Why do I follow the Art 50 (2) Negotiations when I am an IP Lawyer? 26 July 2018).

It might be thought that everything that can be said about IP and Brexit has been said but, unfortunately, that is not the case.  Unless the notification that the Prime Minister gave to the President of the Council on 29 March 2017 is revoked or the notice period is extended before the 29 March 2019 the UK leaves the EU at 23:00 on that day. The impact of this country's departure on business will depend on whether the country leaves on that date and, if it does, on whether it leaves with or without a withdrawal agreement. As I noted in my latest Brexit Briefing we still have no idea of the terms or even the effective date of our departure.

Ever since the withdrawal agreement negotiations began I have advised businesses to prepare for all eventualities including a no deal Brexit.  I have advised them to review their patent, trade mark and design registration portfolios and apply for national or as the case may be EU registrations to fill possible gaps in their legal protection,  I have advised them to read their licences, franchise, joint venture and other agreements and to draft or negotiate contract terms to fill any lacuna.   It may be too late to do some of those things but there is still much that businesses can do.

My talk will list all the issues businesses will encounter when protecting their brands, designs, technology or creative output and the possible countermeasures. By the end of my talk business owners and managers will have a much better idea of possible risks (and maybe even a few opportunities) and the steps they should take.

If you want to come, register here.  It's free but you do have to book. If you want to talk about this subject call me on +44 (0)20 7404 5252 during office hours or send me a message through my contact page.

How to Access Specialist IP Services in Yorkshire for Free

Jane Lambert

Whether you are running your own business or just thinking of doing so, you need to know about intellectual property. There are two reasons for that.

First, the law on IP is very complex and there are a lot of urban myths and misinformation on what is and what is not permissible. Consequently, it is all too easy inadvertently to infringe someone else's IP. If you do, the consequences could be dire.  Some IP infringements are criminal offences the penalties for which have recently been increased, the costs of civil litigation are crippling and the remedies draconian

The other reason you should know about IP is that you will have spent a lot of time building a business or developing a product or service and you don't want other people to reap the benefit without your consent.

However, it takes a long time to qualify as a patent or trade mark attorney or specialist lawyer which is why high quality advice and representation do not come cheap.  Happily, there are ways you can save money.

I give up to 12 hours of my time every month to creatives, entrepreneurs, inventors or others who need specialist advice but can't afford my usual fees.  You can access my service simply by sending me a message on my contact form.

I can usually deal with most enquiries by email or telephone but there are some that require a referral to another professional advisor such as a patent or trade mark attorney, product design consultant, specialist insurance broker or a public library that is a member of the UK PatLib network.

If it appears to me that a client has an invention that might be patented or a design or trade mark that could be registered, I usually refer him or to one of the IP clinics operated by members of the Chartered Institute of Patent Attorneys (if there is one near the client's home or workplace) or to a local attorney who has agreed to offer the client up to 30 minutes of his or her time for free.

I also hold clinics in London and the North but I try not to replicate services that are available elsewhere.  As a barrister, I advise patent and trade mark attorneys on difficult points of law, draft complex legal instruments and represent clients in the Business and Property Courts and the Intellectual Property Office (see IP Services from Barristers 6 April 2013 NIPC News and What do Start-up Entrepreneurs need to look for in a Good IP Lawyer? 23 Aug 2017 NIPC News). The sort of matters that I reserve to myself in my own clinics includes IP Strategy, complex licensing and other transactions and dispute resolution.

Most of my clinics in Yorkshire take place at the Barnsley Business and Innovation Centre at Innovation Way in Wilthorpe on the second Tuesday of every month.

Bradford Footwear Distributor's Intellectual Property Sale

Author Mtaylor848
Licence Creative Commons Attribution-Share Alike 3.0 unported
Source Wikipedia 

Jane Lambert

In Brantano - IP and Insolvency 23 June 2017 NIPC East Midlands, I reported that the administrators of Brantano Retail Limited (in Administration) had appointed Metis Partners to market that company's intellectual property rights. I now have to report that Metis Partners have been appointed to market another footwear retailer's IPR, namely those of the Bradford based W Barratt & Co Limited (see Barratts IP Sale 27 Sep 2017 Metis Partners' website).

According to Metis Partners, the assets on sale include:

• "Goodwill rights in the Barratts brand
• International trade mark portfolio
• Customer database of circa 1m
• Branded website
• Domain name portfolio
• Organisational knowledge."

Enquiries and offers should be addressed to Ruby Chan of Metis Partners before 12:00 on 19 Oct 2017. That is not a long time for carrying out searches, risk analysis and asset valuations. If a bid is to be anything more than guesswork a prospective purchaser will need professional advice on the accounting, legal and marketing issues. If a bid is accepted, specialist legal and other professional advice will also be required in the negotiation and drafting of the assignments and other agreements. 

I wanted to find out what had happened in the Brantano sale but I see that it is still listed in the "Current IP Asset Sale" column rather than the "IP Sold" one.

Anyone wishing to discuss this article or IP valuation and sales generally should call me on 020 7404 5252 during office hours or send me a message through my contact form.

Hear about IP Rights in China from the Horse's Mouth

Author: Unknown US serviceman or woman
Licence  Dedicated to the public courtesy of US Government

Jane Lambert

There is an awful lot of rubbish spoken about IP rights in China so here are some facts:-

• In 2015 some 2.9 million patents were applied for throughout the world (an increase of 8% over the 2.7 million applications the previous year). Of those 2.9 million, China accounted for 1.1 million (an increase of 18.7% over the 928,177 sought the previous year). The USA was number two in both 2014 and 2015 with 587,802 and 589,410 respectively and Japan came third with 325,989 in 2014 and 318,721 in 2015.  How many patents did we seek during those years?  A mere 23,040 in 2014. I have been unable to find figures for Britsh patent applications in 2015 (sources page 7 World Intellectual Property Indicators 2016 published by the WIPO and Building the Evidence Base on the Performance of the UK Patent System published by the IPO).
• According to the WIPO China is also number 1 on trade mark, industrial design and utility model applications (ibid).
• According to Gabriela Kennedy, a partner of the international law firm Mayer Brown JSM, China enforces the intellectual property rights that have been granted by SIPO (its national intellectual property office).  She writes in the current issue of her firm's IP and TMT Quarterly Review that 

"As of 2016, 224 Intermediate People’s Courts and 167 Basic People’s Courts have been designated as having jurisdiction over the hearing of IP-related matters. Between 1985 to 2016, the People’s Courts accepted 792,851 civil IP cases and concluded 766,101 cases. Between 1998 to 2016, the People’s Courts accepted 77,116 criminal IP cases and concluded 76,174 cases."

So much for the urban myth that China does not invent or create anything but instead copies other countries' technology and other intellectual assets.

China is already an important trading partner. Under its One Belt One Road programme (which I mentioned briefly in my article on the Shanghai Cooperation Organization in NIPC Brexit), it plans to invest trillions of pounds into new roads, railways, ports and other infrastructure projects between now and 2049. Some of that money could be invested in new technologies such as a 4,000 km/h train hovering above the tracks (see Steve Hanley China Proposes 4000 km/h Flying Train As Part Of Its One Belt, One Road Plan 11 Sept 2017 CleanTechnica).  As magnetic levitation and graphene were invented in the UK, there is no reason why businesses in this country could not get a share of the research work to develop, manufacture and install that train) as well as supply a range of other goods and services.

But British businesses will only be able to do that if their inventions, designs and brands are protected adequately in China. As few British business people and their professional advisors speak Mandarin that is not easy to do.  Happily, we do have a senior diplomat in our embassy in Beijing who does speak that language and is well connected with officials and advisors in the Peoples' Republic who can help.

That diplomat is Mr Tom Duke. He will be in Leeds between 09:30 and 12:00 and Barnsley between 14:30 and 16:30 to address business owners, creatives, designers. entrepreneurs, innovators and investors on how to protect and make money from their brands, designs, technology and works of art and literature in China.  His meeting at Leeds will take place at Northern Ballet at Quarry Hill, Leeds LS2 7PA and the meeting in Barnsley at Barnsley Business and Innovation Centre, Innovation Way, Barnsley, S75 1JL You can find full details in Meet our IP Attaché to China 21 July 2017.

There are still one or two spaces in Leeds and a few more in Barnsley but you will have to move fast.  Call 020 7404 5252 or email my clerk Steve Marshall without delay if you want to book your place. We look forward to seeing you there.

FiNexus Labs: Leeds's "Digital Woodwork Shop"

Standard YouTube Licence

Jane Lambert

When he addressed the FinTech North event at Leeds Digital Festival on 26 April 2017, Christopher Woolard, Executive Director of Strategy and Competition at the Financial Conduct Authority said:

"We’re especially interested in areas where ‘Fin’ and ‘Tech’ collide, that is, areas that have both strong financial centres and a technology presence, often backed by strong relationships with local universities.
We’ve mapped these and we see two specific locations where we think we can add value to emerging hubs – namely in the Edinburgh-Glasgow corridor and the Leeds-Manchester area.
.......................
In Leeds, the development of a FiNexus Lab – a collaboration between local government, industry and central government – will be key to creating a fertile ground for FinTech firms to grow"

(see  his speech "The FCA's regional FinTech engagement" 26 April 2017 FCA website).

The FiNexus Labs is now inviting enquiries. It is described by its managing director, Christopher Sier, as a "digital woodwork shop" or, as the website puts it, "a multi-stakeholder project that will build a Leeds City Region-based digital innovation laboratory and hub on three key pillars ..... industry lab environment, startup ecosystem [and] centre for academic research." A graphic on the "About" page shows how the project is supposed to work.

"- An industry lab environment focusing on test & learn for the ecosystem consisting of access to advanced technologies, sandbox, hackathons (where industry meets start-ups), compliance protection, as well as UX testing tied into a free school / city user base

- A startup ecosystem that feeds into the wider Leeds economy and consisting of a fintech incubator

- A knowledge exchange hub for both physical and virtual networking and info depository consisting of events, conferencing, flexible meeting space, idea exchange, speed dating."

All this is expected to bring benefits for industry, academics and entrepreneurs. The enterprise is to be housed in a building under construction on the White Rose Office Park near Beeston. Its landlord, Munroe K is one of the project's partners together with Zerado and Singularity Universiy of the USA. The rest of the website is rather bare except for a blog with a few posts and a reference to a "Grand Challenge" and invitation to get involved,

It is not clear whether FiNexus Labs has attracted any businesses yet.  As you can see from the table in my article, Protecting FinTech Innovation  27 April 2017 NIPC Law there does seem to be a lot of fintech accelerators and incubators about nowadays but it would also appear from the DIFC's press release on the Dubai accelerator that demand for places in incubators and accelerators greatly exceeds supply (see FinTech in Dubai 3 Aug 2017 NIPC Gulf).

In my FinTech page, I noted that there were at least three sets of legal issues for fintech entrepreneurs:

• data protection particularly from next May when the General Data Protection Regulation takes effect;
• intellectual property issues as software, methods of doing business and the presentation of information are excluded from the definition of patentable invention as such, and
• regulation of the industry.

It is in this last regard that the Financial Conduct Authority is showing considerable flexibility and indeed originality with its regulatory sandbox. In his speech to FinTech North Mr Woolard promised to "work with the local authorities, development partners and firms in those locations, as well as the Scottish Government and the Treasury's digital envoys ..........  to encourage the emergence of more innovative firms, whether home grown or inward investors."

That leaves IP and data protection.  As I said in How far (if at all) is it possible to protect Innovation in Financial Technology? 12 Aug 2014 IP protection of fintech products and services is not easy but there are things that businesses can do. I shall follow this venture with great interest and will always be glad to help. I have been working in this area of law ever since I was legal advisor to VISA International for Europe, the Middle East and Africa in 1983 and contributed much to the early literature of fintech law,

Should anybody wish to discuss these issues, call me on 020 7404 5252 during business hours or send me a message through my contact form.

Further Reading

Date	Author	Title	Publication
03 Aug 2017	Jane Lambert	FinTech	NIPC Law
03 Aug 2017	Jane Lambert	FinTech Glossary	NIPC Law
12 Aug 2014	Jane Lambert	How far (if at all) is it possible to protect Innovation in Financial Technology?	IP Yorkshire