13 September 2017

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

Author: Unknown US serviceman or woman
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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.

7 September 2017

Supporting Enterprise, Innovation and Creativity in South Yorkshire

South Yorkshire
Author Nifanion
Licence Creative Common Attribution-Share Alike 3.0 Unported






















Jane Lambert

You only have to look at the map to see the importance of the metropolitan county of South Yorkshire. Close to the Leeds-Bradford and Greater Manchester conurbations, not far from the North Sea and Atlantic ports with its own growing international airport, good rail and road links to London, Birmingham, Bristol, Cardiff, Edinburgh, Glasgow, Liverpool and Newcastle, one of the world's great research universities as well as many other fine universities, schools and colleges, excellent theatres and concert halls and famous sporting venues, there is no better place to found or expand a business than Barnsley, Doncaster, Rotherham or Sheffield.

To support those businesses Barnsley Business Innovation Centre holds regular intellectual property clinics with patent counsel. "What's so special about them?" I hear you say. "There are regular patent clinics with patent attorneys at Leeds and Sheffield." True! And they are excellent. But the sessions at Barnsley are with counsel. It is counsel who advise attorneys and solicitors on difficult points of law, draft complex legal instruments and, where necessary, represent them before judges and hearing officers in the IPO. It is from their ranks that the judges of the Patents Court, Chancery Division and Intellectual Property Enterprise Court are drawn (see my article IP Services from Barristers 6 April 2013 revised 16 May 2017 NIPC News).

What you get from a barrister is independence because they don't prosecute patent, trade mark or design applications and years of experience of the things that can go wrong since they are only consulted when a case is out of the ordinary and that is why they are relatively expensive. A 30-minute conference in London would cost many hundreds of pounds. What Barnsley BIC offers every month is a similar 30-minute slot in Barnsley with specialist counsel for nothing.

On the second Tuesday of every month, I am to be found at Barnsley between 16:00 and 18:00 and I shall see anybody who books in advance. The sort of questions I get are
  • "I hope to set up a business in Barnsley in the next few weeks but I am not sure of the best way of protecting my brand, product or service?"
  • "How can I find out whether this invention is patentable and if so how do I apply for a patent?"
  • "I have just received this nasty letter from Sioux, Grabbit & Run. What should I do about it?" or
  • "A company in China has offered to manufacture my product but how do I protect my business there?."
If you have any question on IP I shall be at the BIC on Tuesday 12 Sept, 10 Oct, 14 Nov or 12 Dec 2017 between 16:00 and 18:00. If you want to save yourself several hundred pounds in legal fees, you need only fill in this form or call Steve Marshall on 020 7404 5252 to reserve your slot.

As the last question "A company in China has offered to manufacture my product but how do I protect my business there?" arises frequently, we have been lucky enough to persuade Mr Tom Duke, our IP attaché in China to talk to our local entrepreneurs, inventors, creatives and their investors. Tom will give you a great start to protecting and licensing your brands, designs, technology and creative works in China so that you can invest in, export to, import from or otherwise make loads and loads of money in that increasingly important market. He will be at Barnsley BIC on 19 Sept 2017 at 14:30. 

Now if that time happens to clash with a round of golf, dental appointment or anything else that you can do another day or get a colleague to cover, ponder this. You can do all those things some other time but if you want Tom's contacts and information you will have to go to China for it and that's a lot further than Wilthorpe. So call Steve on 020 7404 5252 to book your place. You will find further information in Meet our IP Attaché 21 July 2017. You could save or earn yourself a whole heap of renminbi if you turn up.

If you want to discuss this article or IP in China, England or anywhere else, call me on 020 7404 5252 during office hours or send me a message through my contact form.

5 September 2017

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 UKBAAGP BullhoundAngel AcademeDow Schofield WattsAll 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.

9 August 2017

Trade Missions from Yorkshire to China, Germany, the Netherlands and the USA











Jane Lambert

Yesterday I received an email from DIT North West stating:
"Working closely with our colleagues in both Yorkshire & Humber and the North East, we have created a calendar of 16 trade missions, covering various markets, trade shows and exhibitions to support your business to win sales overseas."
The email contained details of trade missions to California, Amsterdam, Cologne, Dusseldorf, China and Boston between 24 Sept and 28 Nov 2017 for the healthcare, food and drink and other industries.

Should any of my readers in Yorkshire or the Humber wish to learn more about those missions, I have written a short article on them entitled Powerhouse Trade Missions in IP Northwest.  Readers will find in that article a link to the Eventbrite page which contains details of each of the missions with links to the each of the mission Eventbrite pages.

I wish anyone whom goes on any of those missions the very best of luck and would urge them to have regard for their trade secrets and designs. They may find the following extract useful:
"If you plan to go on any of those trade missions, be careful not to disclose anything that you might wish to patent, register as a design or otherwise keep under wraps except in confidence (see Duty of Confidence). However, there is a year's grace period for design registration in Britain and the rest of the EU (see Registered Designs and Registered Community Designs) and don't forget the international exhibition exception provided by s.2 (4) (c) of the Patents Act 1977. Make sure that any non-disclosure or confidentiality agreement is to be construed and enforced in accordance with English law. We are harmonizing our trade secret law across the EU with the Trade Secrets Directive which will come into effect o 9 June 2018 just before Britain flounces out of the EU but we are not there yet (see my article on The Trade Secrets Directive 7 July 2016 NIPC Law).
You must also be aware of the ease with which it is possible for IPR owners to get without notice injunctions just before international exhibitions in Germany and some other countries and serve the orders on the first day (see the penultimate paragraph of Pre-Action Correspondence: What to do if you get a Stroppy Letter ....... or worse 4 Aug 2017 NIPC Law). That nearly happened to one of my clients not long ago. The antedate in Germany is to get a German lawyer to file a Schutzschrift ("protective brief") with the court in which the application is likely to be made setting our reasons why such an order should not be granted. You should also take a look at the arbitration schemes that exist in Italy and Switzerland (see my article Resolving IP Disputes at Trade Fairs 1 June 2017)."
Should anybody wish to discuss any of these matters, call me on 020 7404 5252 during office hours or send me a message on my contact form.


Further Reading

Northern Powerhouse Index

3 August 2017

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
NIPC Law
03 Aug 2017
Jane Lambert
NIPC Law
12 Aug 2014
Jane Lambert
IP Yorkshire

21 July 2017

Meet our IP Attaché to China

Author Ssolbergj
Creative Commons Attribution-Share Alike 4.0 International Licence
Source Wikipedia



























Jane Lambert

Mr Tom Duke is our IP Attaché to China. His job is to build relations with the Chinese government to understand and actively engage with IP policy makers in that country.  He is part of a network of British IP attachés in Brazil, India and South East Asia which has significantly increased the level of support available for UK businesses operating in those markets. Based in the British Embassy in Beijing he supports over 200 companies each year on IP strategies and on dealing with problems such as infringement whenever they arise.

Every year Mr Duke and his colleagues hold a series of business outreach events across the UK called the “China IP Roadshow” with the aim of raising awareness of protecting IP in China amongst (potential) UK exporters and companies involved in other types of business/innovation collaborations with Chinese partners. This year they plan to visit Yorkshire as well as Scotland, Liverpool, Manchester and London.

Mr Duke will be in Yorkshire on 19 Sept 2017 and plans to speak in Leeds morning and Barnsley in the afternoon.  His talk in Leeds will take place in the boardroom of Northern Ballet and the provisional programme is as follows:


09:30 -  10:00
Registration and networking
10:00 - 10:30
Tom Duke, British Embassy Beijing/UK Intellectual Property Office “Succeeding in China – How to mitigate IP risk”
10:30 - 11:30
Other presentations, questions and answer and discussions
11:30 - 12:00
One to one meetings (please request at time of registration)

The Barnsley meeting will take place at the Barnsley Business and Innovation Centre and will follow a similar format:



14:30 -  15:00
Registration and networking
15:00 - 15:30
Tom Duke, British Embassy Beijing/UK Intellectual Property Office “Succeeding in China – How to mitigate IP risk”
15:30 - 16:00
Questions and answer and discussions
16:00 - 16: 30
One to one meetings (please request at time of registration)
According to the WIPO China has a population of 1,371 million and a GDP of US $18,374.71 which is even bigger than that of the USA in terms of purchasing power parity, In 2015 there were nearly a million applications to the SIPO for patents for Chinese inventions. That is more than the applications made to their national patent office by the inventors of any other country. China is an important innovator and shares our national interest in ensuring proper protection for brands, designs, inventions and creative works around the world.

Mr Duke will tell you all about registration of patents, designs and trade marks in China and Hong Kong, licensing and joint ventures and enforcement through the courts and tribunals. As the new Business and Property Courts will launch in Leeds and other major cities I will tell you all about your contractual and IP rights, remedies and liabilities in respect of your dealings with Chinese partners here.

Space is limited at both venues and demand is likely to be heavy. If you want to be sure of your place, call Steve on +44 (0)20 7404 5252 and ask to reserve a place at either venue or send me a message through my contact form.

12 July 2017

The Leeds Business and Property Courts

Leeds Courthouse
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Jane Lambert

On Monday 10 July 2017, the Leeds Law Society held a reception at BPP Law School to launch the Business and Property Courts in Leeds (see Leeds Law Society Business & Property Court Launch Event).  The Business and Property Courts is an amalgam of the chancery and commercial courts sitting in Leeds and the idea is to integrate those courts with others sitting in London. I mentioned this initiative and discussed its potential significance to the economy of the North in Launch of a Judicial Superhighway?  12 June 2017 IP North West).

As I said in that article, litigators and advocates will have to get used to listing cases in one of 11 specialist lists one of which will be "Intellectual Property" regardless of the nature of the IP right and the court in which the action will proceed.  Having chosen a list the claimant's legal representative will have to choose a court centre where the claim will be issued and where it is to proceed. Advocates will have to get used to settling statements of case in the "Business and Property Courts in Leeds" rather than the name of the Division and the District Registry,

The reason why I say this development affects more than just lawyers is that it should allow any case to be heard in Leeds no matter how big and regardless of the subject matter.  If any kind of work can be done in Leeds there will be less incentive for bright young men and women to leave the city to practise in London. Such lawyers should be able to service entrepreneurs and other creative people which may be far more significant for economic regeneration than the millions to be spent on infrastructure projects for the North.

Should you want to discuss this post or dispute litigation in Leeds generally, call me on 020 7404 5252 or send me a message through my contact form.