Production Park hosts Innovate UK Local

 

Jane Lambert

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

Production Park has its own fully licensed pub on its premises,  ClimbUK extended the networking until 17:00 by hosting a free bar for attendees.  As in Innovate UK Local's previous events in Bradford and Halifax, this gathering was well worth attending.  It would have been even better had the names and contact details of the speakers appeared on the Agenda.  A list of attendees would also have been useful.  Anyone wishing to discuss this article can call me on 020 7404 5252 during UK office hours or send me a message through my contact page at any time.

The Interface between Copyright and Design Law

 

Jane Lambert

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

Mr Moss divided his talk into three parts:

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

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

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

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

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

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

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

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

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

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

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

Plausibly TIPSY

Author Mark Stevenson Licence CC BY-SA 2.0 Source Geograph Britain and Ireland

 

 

Jane Lambert

Sir Colin Birss was the guest of honour at last night's dinner meeting of The Intellectual Property Society of Yorkshire ("TIPSY") at the Double Tree by Hilton on Granary Wharf. He talked about two topics: plausibility in patent law and the Shorter Trials Scheme provided by para 2 of PD57AB—Shorter and Flexible Trials Scheme.

"Plausibility" is a hot issue in IP law right now.  It has given rise to a flurry of cases here and at the European Patent Office. Essentially, it means that a patent can be granted for an invention only if the invention works. Sir Colin explained his point by comparing a patent to a car. Just as a car needs a drive shaft to run, so a patent needs to be plausible.

Sir Colin stressed that this was not a new doctrine.  He said that it existed under the Patents Act 1949  in the requirement in s.4 (4) that a claim must be "fairly based on the matter disclosed in the specification" as well as clear and succinct.   It had been an issue in the Molnlycke litigation in the 1990s though again it was not referred to as plausibility as such.  Sir Colin talked about the English cases starting with the Supreme Court's decision in Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 (24 June 2020). He also mentioned the decision of the Enlarged Board of Appeal in G 0002/21 Syngenta Ltd v Sumitomo Chemical Co. Ltd 23 March 2023 which he said was also decided on the basis of fairness.

That prompted a question from me because the Board held that evidence about the invention that had been posted after the date of the patent application could be considered in an assessment of the patent's validity which strikes me as anything but fair as it would greatly extend the patentee's monopoly,  Sir Colin disagreed because the evidence would still have to relate to matter that had formed part of the original patent application.

Sir Colin explained that the Shorter Trials Scheme was intended for cases that fell just outside Section V pf CPR Part 63. Trials have to be completed within 4 days. There are special requirements for pre-action correspondence, the content and exchange of statements of case, case management and costs.   For those who want to study the topic more I wrote IPEC and the Shorter Trials Scheme Compared on 28 Feb 2022 in NIPC Law.  Sir Colin warned that the Shorter Trials Scheme was a pilot scheme and that it might be withdrawn if no one used it.  All the questions from the floor other than mine were on the Scheme.  One attendee said that he would prefer costs management to costs cap.  Another who had failed to persuade a district judge to transfer a case on copyright in type fonts from the County Court to IPEC because he thought a trial would take longer than 2 days asked whether she could have sought a transfer directly to the Shorter Trials Scheme.

I enjoyed both parts of Sir Colin's talk.  Although I have never been instructed in a matter in which plausibility has been an issue it is a topic upon which I have some knowledge.  Just over a year ago, I gave a presentation on the subject to a large audience in Birmingham.  My slides can be downloaded here and my accompanying notes are here.

According to Andrew Clay, TIPSY had a record attendance at this event.  Apparetntly over 80 turned up,  Andrew did a lot to organize and promote the dinner meeting.  Sir Colin described Andrew as a "good guy", a compliment that is well deserved.  I met a lot of old friends at the dinner and made the acquaintance of many more Yorkshire IP practitioners.  Anyone wishing to discuss this article may call me on 020 7404 5252 during UK office hours or send me a message through my contact form at all other times.

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.

AI Innovation in Healthcare

John Smith Stadium

Copyright owner Arne Műseler Licence CC BY-SA 3.0 DE Source Wikimedia Commons

 

Jane Lambert

Earlier today I attended the "AI Innovation in Healthcare" conference on the third floor of the John Smith Stadium in Huddersfield.  It was one of the first events of the Huddersfield Health Innovation Partnership.  It began at 09:30 and ended at 15:30. Pathfinder Healthcare Developments C.I.C which helped to deliver the conference has posted some photos of the venue and a summary of the event on  LinkedIn.  The audience included academics, clinicians, computer scientists, healthcare professionals, investors and software developers   As far as I could see I was the only lawyer and I did not recognize any patent attorneys.

The morning started with breakfast.  After registration, attendees were offered a choice of yoghurt and cereal or fruit salad and hot drinks    The programme began with a keynote speech from Dr. Mina Gupta Chair of the Modality Partnership.  She outlined the services for patient care in the United Kingdom, the gradual automation of those services that had taken place in her lifetime, clinicians' attitudes towards automation and the use of artificial intelligence in primary care practices.  As I was mindful of the privacy, copyright and database rights issues that had arisen over AI training I asked her about the training of those systems.  She replied that they had been developed by third-party suppliers but that there had been no data quality or security issues.  I met her during the first coffee break when she amplified her answer and spoke in more detail about the resourcing of research.

The next programme consisted of debates and discussions.  Two panels of clinicians and computer experts discussed four motions relating to the use of artificial intelligence in healthcare.  After each motion groups of audience members who had been seated around tables were invited to discuss and vote on each of the topics.  I can't remember all of the motions but one was over whether leadership was the primary driver for the use of artificial intelligence.

Lunch consisted of a mixed salad with a choice of chicken or vegetarian accompaniments.  I circulated as much as I could during lunch and met an angel investor, a journalist and a sales representative for one of the AI systems suppliers,   I also visited the stands of Skin Analytics and Blue Prism and learnt about their products.  After lunch the auditorium was partitioned and we were divided into two breakout groups.  I joined the regulatory and ethical issues group which was addressed by two very interesting speakers.  

The first was a member of Google Healthcare's team in the UK.  He explained that Google contributes technical solutions to healthcare devices in developed markets such as the UK but did not create such products by itself.  He discussed some of the projects in which his company had been involved.  As I had recently read Lord Justice Birss's judgment in Comptroller General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd [2024] EWCA Civ 825 (19 July 2024) in which he explained in everyday language how artificial neural networks ("ANNs") work I asked the speaker whether the systems that he had described ran on ANNs or whether digital computers could be programmed to emulate such platforms.  He replied that his systems ran on ANNs.

The last speaker was Michael Watts of Blüm Health and I found him to be the most interesting speaker of the whole day,  He is both an entrepreneur and a doctor which is a rare combination and holds business as well as medical qualifications.   He had co-founded Blüm Health which is described on its website as a one-stop-shop digital health delivery partner.   He discussed some of his company's products and services in his presentation.   Being mindful of the Court of Appeal's decision in Emotional Perception I asked him about the legal protection of his software.  He replied that he was aware of the computer programs' "as such" exclusion from patentability and relied on copyright and first mover advantage;   I was very impressed by his talk and congratulated him on it afterwards.

The day finished with a group photo which was appropriate as it was very much an NHS family event.   I would have appreciated a little more focus on the technology and perhaps more discussion on intellectual property, data protection and other legal issues but then I am a friend and not a member of that family.  From the chatter that I heard on the way out the event had been enjoyed and appreciated.   It was certainly a good use of my time.

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 form.

Northern Powerhouse Investment Fund's First Investment in Yorkshire

Author Daderot  Licence CCO  1.0  Source Wikimedia Commons

Harlow Carr Gardens Harrogate

 

Jane Lambert

On 24 March 2024, the British Business Bank announced the launch of a £660 million fund to invest in businesses in the North of England known as the "Northern Powerhouse Investment Fund II" (see the British Business Bank's press release Launch of the Northern Powerhouse Investment Fund II provides £660m boost for small businesses of 21 March 2024).  I wrote about the launch in Northern Powerhouse Investment Fund II on 4 April 2024 in NIPC Northwest.   I learnt more about the fund at Innovate UK Regional Investment Spotlight – Liverpool which took place at the Liverpool Science Park on 26 June 2024 and I got the chance to question the funders at Daresbury on 12 July 2024 (see Northern Powerhouse Investment Fund II - Meeting the Funders 14 July 2024 NIPC Northwest).

The British Business Bank has recently announced the Fund's first investments In Yorkshire, the North East and North West.  According to the Bank's press release of 18 July 2024  the first investment in Yorkshire was £2 million to Worthenshaws Ltd trading as Kirsty's in Harrogate from Mercia Equity Finance.  The investment will be used to fund the development of new products and is expected to create 15 new jobs. Another aspect of the transaction is that Ian Kent will chair the company.

Worthenshaws Ltd.' first came to the public's notice when the company's founder, Kirsty Henshaw appeared on the BBC's Dragons' Den in 2010.  On that occasion, she raised investment to produce a frozen dessert alternative to ice cream.  According to Megan Dansby, that product was not sufficiently profitable. The company rebranded as Kirsty’s and introduced a range of oven-ready meals (see Megan Dunby Dragons’ Den success stories: Worthenshaw’s (and what you can learn from them) 23 March 2023 Startups). The post contains a link to Ms Henshaw's arrival at the Dragons' Den. 

Anyone wishing to discuss this article may404 5252  call me during office hours on 020 7404 5252 or send me a message through my contact form.  

Hat Trick

Author Edgar Degas Public Domain Source Wikimedia Commons

Jane Lambert

I mentioned The Creative Collective when it hosted Rita Britton in April 2024 (see Meeting Rita Britton, a Living Legend 9 April 2024).  The Collectiive's guest this morning was milliner speaker and blogger Sherry Richardson, another South Yorkshire fashion influencer.

Sherry recounted her life and career before she became a milliner.  She remembered a newspaper report about a millinery course and decided to enrol,.  She hoped that it might be possible to sell a few hats to her friends,  She brought two examples of her handiwork with her as well as a hatter's block which could be anything from 80 to 100 years old.   In the course of Sherry's lecture, I remembered that I had been at school with David Shilling who famously made the most unusual hats for his mother.   Sherry remembered him from a charity event at which he was the guest of honour.

In my previous article, I mentioned that Rita Britton had said that she was designing a bag listing Barnsley among the world's fashion capitals.   Today I saw an example of that product with the latest signage which has evolved as follows:

NEW YORK

PARIS

LONDON

BARNSLEY

That is not entirely tongue-in-cheek. There is a growing community of highly talented designers, makers and distributors in South Yorkshire.

Hats like Sherry's are probably protected from copying by copyright for the rest of Sherry's life plus 70 years as works of artistic craftsmanship.  Designers with reputations should think about registering their brands as trade marks here and in every other country in which they have a market.  Designs of items that are to be manufactured or licensed should be registered under the Registered Designs Act 1949.

Anyone wishing to discuss this article may call me on 07966 373922 during UK office hours or send me a message through my contact page.