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Slides for a presentation to be given to the BVC students at Manchester Metropolitan University at 18:30 tonight. Topics include: meaning of IP, the IP professions, the IP specialist chambers in England and Wales, the work of the IP Bar (contentious and non-contentious), the IP Bar's USP, market for the IP Bar's services and the future of the IP Bar.
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Intellectual Property Bar
Manchester Metropolitan UniversityMonday, 24 May 2010
Jane LambertBarrister
www.nipclaw.com
Topics
What is Intellectual Property?
Intellectual Property Practitioners
Work of the IP Bar
Market for the IP Bar’s Services
Career Options
The Future
What is “Intellectual Property”?
Collective name for a bundle of rights that protect investment in brands, design, technology and the arts,
Some of those rights are monopolies while others are protection from copying
Some arise automatically
Others require registration
Intellectual Property Practitioners
Patent Attorneys: CIPA
Trade Mark Attorneys: ITMA
Specialist Solicitors: IP Lawyers’ Association
Intellectual Property Bar: IP Bar Association
Intellectual Property Practitioners: Chambers
8 New Square, Lincoln’s Inn
3 New Square, Lincoln’s Inn
Hogarth Chambers, Lincoln’s Inn
11, South Square, Gray’s Inn
NIPC, Media Centre, Huddersfield
Individual specialists in mixed sets.
Work of the IP BarContentious: Advising solicitors and patent and trade mark attorneys on difficult points of law, settling pleadings, reviewing and editing witness statements and expert reports, drafting skeleton arguments and written submissions and representing parties before Patents and Patent County Courts and Chancery Division and Chancery County Courts, IPO hearing officers and Boards of Appeal.
Work of the IP Bar
Non-Contentious: Advising businesses and others on how law will develop to take account of new legislation, new technology or economic or social change
Drafting and reviewing complex legal instruments such as software development agreements, terms and conditions of business, source code escrow instruments and joint venture agreements
IP Bar’s Unique Selling Point
Anyone can read a text book or statute to determine what the law is now but only an advocate who has grown up with the judges, argued against them at the Bar or before them when they were on the bench gets to learn how the judges will address a point that has never arisen before.
Market for IP Services
European Patent Applications 2009
USA 32,966Germany 25,107Japan 19,993France 8,829Netherlands 6,738Switzerland 5,864United Kingdom 4,821South Korea 4,193
Source: EPO Annual Report 2009
Market for IP Services
Comparative Costs of Litigation
England and Wales
• Patents Court £1 million
• Patents County Court £150,000-250,000
France €30,000-50,000
Germany €25,000-50,000
Netherlands €10,000-40,000
USA US$2-4 million +
Source: IPAC, “The Enforcement of Patent Rights” 2003
IP Litigation in England and Wales 2008Cases Listed for Hearing 2008
61 actions listed of which 29 were settled or discontinued taking up 197 days of judge time
64 interim applications for case management conferences, pre-trial reviews, interim injunctions, security for costs etc, of which 25were withdrawn by consent taking up 35 courtdays
5 appeals from the IPO requiring 6 court days
Source: Ministry of Justice, Judicial and Court Statistics 2009
IP Litigation in England and Wales 2008
Claims Issued in London
Breach of confidence 23
Trade Marks and Passing off 142
Patents and Registered Designs 111
Copyright and Design Right 286
Source: Ministry of Justice, Judicial and Court Statistics 2009
Career Opportunities
Independent Practice at the Bar: Very good living for a few but many struggle
Law Firms: Very difficult for former barristers to adjust but some do well
Patent and TM Attorneys: Stiff entry requirements - a good science background is expected
Career Opportunities
In-House Legal Advisor: Professor Susskind believes that their wealth and importance will increase and a knowledge of IP is very usefui
Bench: Kitchin, Floyd and Arnold JJ were at the IP Bar as were Jacob LJ and HH Michael Fysh QC
Future
European Patents Court within framework of the European Patent Convention and not EU Treaties which will level playing field between common and civil law systemsSource: EPO European Patent Litigation Agreement
Jackson Report: Capping costs in Patents County Court and Small IP Claims Track
Future
WIPO Arbitration and Mediation Centre: Decided on paper many thousands of domain name disputes since 1999 at US$1,500 each withina few weeks of claims
Examiners’ Opinions: opinion onvalidity or infringement for £200
Any Questions Jane LambertNIPCThe Media Centre7 Northumberland StreetHuddersfieldHD1 1RL
Tel 0800 862 0055
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