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 Northern Powerhouse Investment Fund Roadshow

Leeds Armouries

Author Xtrmemachineuk Licence CC BY-SA 4.0  Source Wikimedia Commons

 

Jane Lambert

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

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

I asked two questions.   

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

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

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

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

Space Hub Yorkshire

Author NASA  Public domain  Source Wikimedia

 

Jane Lambert

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

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

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

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

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

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

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. 

World IP Day and Start-up Leeds

Author Lad 2011 Licence CC BY-SA 4.0 Source Wikimedia Commons

Leeds Central Library

 

Jane Lambert

In Where to Learn about IP for Free which I posted to NIPC Inventors Club on 10 April 2023 I discussed the Intellectual Property Office's Online Training Tools and how to access them and the nationwide network of Business and Intellectual Property Centres ("BIPC").  My nearest Business and IP Centre is at Leeds Central Library in Calverly Street.  I know it very well because I helped Ged Doonan and Stef Stephenson to set up the Leeds Inventors Club and I chaired almost every one of its meetings before the library became part of the BIPC network.

I have just received notice from the Leeds BIPC of two events that I particularly commend:

• Intellectual Property: Innovation and Creativity at the Central Library between 10:30 and 12:00 on 26 April 2023 to celebrate World Intellectual Property Day; and 
• Start-up Leeds on 12 and 13 May 2023 at Deacon House, 1 Seacroft Avenue, Leeds LS14 6JD.
  

For those who are not already aware of it 

"World Intellectual Property Day is an international festival of creativity and innovation which takes place on or around 26 April of every year. It celebrates the entry into force of the international agreement that established the World Intellectual Property Organization ("WIPO"), the UN specialist agency that assists governments to protect investment in creativity, enterprise and innovation ("intellectual assets") through a bundle of laws known collectively as "intellectual property".

You can find more information about the day on the World IP Day page of NIPC Wales. The event at Calverley Street will be a celebration of inspirational women inventors, creators, and entrepreneurs. The Business and IP Team will give a short talk about "fantastic inventions created by women that changed the world and made an impact on everyday life".  According to the Eventbrite card "an opportunity to meet and network with fellow entrepreneurs and discuss the challenges and the advantages of women in business."

Sadly, I won't be at the Leeds event because I shall be on my way to Anglesey to chair the Menai Science Park's World IP Day Seminar as part of Wales's celebrations of World IP Day. That event starts at 12:30 which is half an hour after the event in Leeds is due to finish and it will take place online as well as in front of a live audience at the science park.  Everybody who attends the Calverley Street event - indeed everybody in Yorkshire - is cordially invited to attend the Welsh event online and they will learn a lot if they do.  In keeping with the themes of the event, two young women entrepreneurs, Anna Roberts who set up Explorage.com and Anna Burke who set up Animates Technologies will talk about their businesses and how they use IP. The discussion is likely to focus on trade marks, database rights, trade secrets, copyright and maybe even patents.  Chipping in with expert advice will be patent and attorney Louise Carr from Cameron IP.  In the audience, there will be other experts such as Ian Wishart of Sybaris Legal and IP Insurance and I will cover anything that others may miss such as enforcement and transactions.  To attend the Welsh event via Zoom click here.

In Invention-Con 2022: The US Patent and Trademark Office's Online Conference for Inventors, Makers and Entrepreneurs I wrote on 22 July 2022 in NIPC Inventors Club:

"There is a great need for practical advice on patent, design and trade mark prosecution, grant, equity and loan funding, setting up businesses and scaling up which Invention-Con appears to deliver."

Start-up Leeds seems to go part of the way towards meeting that need.  I could not find an Eventbrite  card or any details on Leeds BIPC's website for this year's workshop but the following events took place last year according to the card for last year:

"Friday 14th April (9.30 - 16.30)

• Building the foundations of a successful business
• Business planning using the Business Model Canvas
• How to price your products and services
• How to forecast your cashflow

You’ll also find out more about the free support on offer through the Business & IP Centre, including the exclusive resources available for new and existing businesses

...........

Saturday 15th April (10.00 - 15.30)

• An Introduction to Marketing
• Tax and bookkeeping
• An overview of copyright and trade marks

There’ll also be the opportunity for networking, a chance to find out more about the Business & IP Centre and ask your questions."

Although I would have expected a little bit more about IP such as how it should be integrated into a business plan, enforcement, insurance and at least an introduction to patents and trade secrecy anybody attending this course would get a good grounding.

Anyone wishing to discuss this matter further can call me on 020 7404 5252 during office hours or send me a message through my contact page, 

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.

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.

TIPSY

Granary Wharf

Author Mtaylor848

Licence Creative Commons Attribution-Share Alike 4.0 International

Source Wikipedia Granary Wharf

Jane Lambert

TIPSY stands for The Intellectual Property Society of Yorkshire.  It is an initiative of my fellow St Andrean, Andrew Clay, who has recently set up the specialist intellectual property law firm, Andrew Clay Legal, in Harrogate.  Before setting up that firm Mr Clay practised from the Leeds office of Squire Patton Boggs.

To launch TIPSY, Mr Clay organized a dinner at the DoubleTree by Hilton at Granary Wharf in Leeds on 15 Nov 2018 for some 80 intellectual property specialists at law firms, patent and trade mark agencies and other institutions throughout Yorkshire. I was invited as a member of the Intellectual Property Bar. So far as I could see, I was the only practising barrister there.

The guest of honour was His Honour Judge Hacon who has been the presiding judge of the Intellectual Property Enterprise Court ("IPEC") since 3 Dec 2013.  He was invited to speak to us after dinner.  When he was introduced to us we learned that Judge Hacon had been educated in Leeds which I had not known.

Judge Hacon succeeded Sir Colin Birss as the presiding judge of IPEC shortly after it had been formed.  As I explained in What does the Intellectual Property Enterprise Court mean for Litigants in the North West? 12 Oct 2013 IP Northwest. IPEC was formed to replace the Patents County Court which was abolished by paragraph 30 (3) of Schedule 9 of the Crime and Courts Act 2013. Unlike the Patents County Court IPEC is a specialist list within the Chancery Division.

The judge explained that he was assisted by Judge Melissa Clarke who usually sits at Oxford and by a number of recorders. There were also several district judges who sit in the Small Claims Track (see Small IP Claims last updated 13 Jan 2018). He described the work of IPEC and how it had evolved in the last 5 years.  When he took up his appointment he had to impose time limits on cross-examinations and submissions frequently.  He found that he had to do that much less frequently nowadays. The court was taking on more complex cases.  In answer to a question from the floor, he could see no reason why it should not entertain an Unwired Planet type of case.  Surprisingly, he said that the two-day limit on trials could be extended in suitable cases so long as the case management disciplines were observed.  In answer to a question from me, he agreed that his caseload had dropped in recent years but explained that was because other courts were managing their cases in the same way as IPEC and that there had been an increasing rate of settlement adding that was no bad thing.

The judge reminded his audience that his court (including the Small Claims Track) had a nationwide jurisdiction. He added that district judges were likely to be appointed who could hear small IP claims outside London.

After the judge's speech, I exchanged a few words with Mr Clay.  I congratulated him on his initiative and asked him about his plans for the future.  He replied that our next guest will be Geoffrey Hobbs QC and that he is expected to visit us early in the New Year.

Initial Advice and Signposting

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Open Government Licence V1.0

Jane Lambert

On 9 Oct 2017, I wrote about How to Access Specialist IP Services in Yorkshire for Free.  Shortly after that article appeared I received a message through my contact form that began with the words:

"Hi Jane, I noticed some information that you posted on http://ipyorkshire.blogspot.co.uk/.I am looking for some advice and feel like I am trying to find my way in the dark."

I have every sympathy with that person. There is no shortage of intellectual property advisors in Yorkshire or anywhere else. The problem is knowing whom to approach and where to start.

That's where I can help. In my many years of practice at the intellectual property bar (most of which have been spent in the North of England) I have come across most of the patent and trade mark attorneys in Yorkshire as well as many of the solicitors who specialize in IP work. I also know many of the other professionals who can help you such as product development consultants and specialist IP insurance brokers. Having run patent clinics at one time or another in Barnsley, Bradford, Halifax, Huddersfield. Leeds, Rotherham and Sheffield and the Leeds and Sheffield inventors' clubs I have worked closely with the Business and Intellectual Property Centres at Leeds, Sheffield and Hull Central Libraries. They provide all sorts of useful services such as patent searching, lots of useful courses on such matters as basic intellectual property rights and business planning and most if not all of the technical and marketing resources that you are likely to need.I can introduce you to those services and resources.

Here is how I replied to the enquiry I mentioned above:

"The main free resources that exist in Yorkshire are the Business and IP Centres in Leeds, Sheffield and Hull, the IP clinics operated by the Chartered Institute of Patent Attorneys in various parts of the country including Leeds and Sheffield and my clinics at Barnsley Business and Innovation Centre which take place on the second Tuesday of every month between 16:30 and 18:00 (see Supporting Enterprise, Innovation and Creativity in South Yorkshire 7 Sept 2017 IP Yorkshire)."

I also gave some initial advice on IP strategy:

"The best way to identify the IP protection you need is to consider your business plan and ask yourself the following questions:

• What are likely to be my main sources of revenue during the period of the business plan?

• What are the main threats to those revenue streams? These are likely to be commercial like competing products or changing tastes and fashions but there may be legal threats like plagiarism.

• What are the main countermeasures that I can take against those threats? Most of those will be commercial such as reducing prices or developing new product ranges or markets but there may be some legal measures such as a patent for a vital new product or a design registration.

• Remember that there is often a choice of legal countermeasures. A new product, for example, can be kept under wraps for a while and disclosed in confidence only to those who need to see it or you can publish it to the world in exchange for a patent.

• Make sure you can fund an infringement claim or revocation action. That usually requires specialist IP insurance but there are other options."

I then addressed the specific issue and invited the enquirer to make an appointment to attend my next pro bono clinic in Barnsley on 14 Nov if he still had questions.

The first step is to fill in this form:

Now I don't know the answer to every intellectual property question but I can help with a lot of them (see "My Services in Yorkshire"). However, if I can't resolve a problem by myself the chances are that I know someone who can.

I will not charge for this initial advice or signposting though there may be a charge if you want to instruct me for any of my other services. There may also be a charge from any of the other professional service providers to whom I may refer you. If there is, I and all the other service providers will agree the charge or charging basis before starting work.

If you want to discuss this article call me on +44 (0)20 7404 5252 or send me a message through my contact page.

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.

Tech North Angel Network

Blake's Angel of the Revelation

Source Wikipedia

Jane Lambert

A business angel is a wealthy individual who has often acquired wealth through running and sometimes selling his or her own business and invests in a new or growing company. Usually, the connections and experience that an angel brings to the business in which he or she invests are at least as valuable as his or her investment.  They can make all the difference between success and failure for that business.

They are therefore very useful people to know but they are not always easy to reach. Although many angels follow emerging technologies and keep in close touch with entrepreneurs and inventors, they cannot know everything that goes on in an industry.  To facilitate contact between angels willing to invest and entrepreneurs seeking investment, networks are formed.

Tech North, "a government-backed initiative charged with accelerating the growth of the digital business sector in the North of England," has just announced the launch of new angel network for the North of England (see James Bedford Introducing the Tech North Angel Network 30 Aug 2017 Tech North website).

According to Bedford:

"The aim is to build a strong, open network of tech investors that is easy to access and open to pan-Northern collaboration. We are working with a variety of partners on this, including UKBAA, GP Bullhound, Angel Academe, Dow Schofield Watts, All Bright and others."

Bedford stresses that "the ‘open’ aspect is important."  He explains:

"Private angel networks have their place, but it can be very hard for startups to access them. That’s if they know about them at all. Great deals could be left on the table because the right entrepreneurs never meet the right angels."

The network begins with a series of workshops for new investors the first of which take place in Manchester and Wilmslow on 7 and 13 Sept 2017. There will be workshops in Leeds for new investors on 2 Oct 2017 and more experienced ones on 18 Oct 2017. Other events will be announced later.

It is very important that investors should understand intellectual property strategy when contemplating an investment and that they should understand whether a business's technology or other intellectual assets are properly protected and adequately leveraged.  As a starter, I suggest they read my IP Primer for Business Angels and Private Equity Investors 29 Aug 2016 NIPC News. No business is too small to have an IP strategy and if a company does not have one I would be slow to invest in it.

If there is sufficient interest in IP strategy with Techn North or its partners I shall run a workshop on IP strategy for business angels and entrepreneurs in Manchester, Liverpool or both.

Should anyone wish to discuss this article, IP strategy or IP and angel or private equity investment, call me on 020 7404 5252 or send me a message through my contact form.

FiNexus Labs: Leeds's "Digital Woodwork Shop"

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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