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The Intellectual Property Bar

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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The Intellectual Property Bar

  1. 1. Intellectual Property Bar Manchester Metropolitan University Monday, 24 May 2010 Jane Lambert Barrister www.nipclaw.com
  2. 2. Topics What is Intellectual Property? Intellectual Property Practitioners Work of the IP Bar Market for the IP Bar’s Services Career Options The Future
  3. 3. 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
  4. 4. Intellectual Property Practitioners Patent Attorneys: CIPA Trade Mark Attorneys: ITMA Specialist Solicitors: IP Lawyers’ Association Intellectual Property Bar: IP Bar Association
  5. 5. Intellectual Property Practitioners: Chambers 8 New Square, Lincoln’s Inn 3 New Square, Lincoln’s In n Hogarth Chambers, Lincoln’s Inn 11, South Square, Gray’s Inn NIPC, Media Centre, Huddersfield Individual specialists in mixed sets.
  6. 6. Work of the IP Bar Contentious: 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.
  7. 7. 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
  8. 8. 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.
  9. 9. Market for IP Services European Patent Applications 2009 USA 32,966 Germany 25,107 Japan 19,993 France 8,829 Netherlands 6,738 Switzerland 5,864 United Kingdom 4,821 South Korea 4,193 Source: EPO Annual Report 2009
  10. 10. Market for IP Services <ul><li>Comparative Costs of Litigation </li></ul><ul><li>England and Wales </li></ul><ul><li>Patents Court £1 million </li></ul><ul><li>Patents County Court £150,000-250,000 </li></ul><ul><li>France €30,000-50,000 </li></ul><ul><li>Germany €25,000-50,000 </li></ul><ul><li>Netherlands €10,000-40,000 </li></ul><ul><li>USA US$2-4 million + </li></ul><ul><li>Source: IPAC, “The Enforcement of Patent Rights” 2003 </li></ul>
  11. 11. IP Litigation in England and Wales 2008 Cases 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 25 were withdrawn by consent taking up 35 court days 5 appeals from the IPO requiring 6 court days Source: Ministry of Justice, Judicial and Court Statistics 2009
  12. 12. 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 Rig ht 286 Source: Ministry of Justice, Judicial and Court Statistics 2009
  13. 13. 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
  14. 14. 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
  15. 15. 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 systems Source: EPO European Patent Litigation Agreement Jackson Report: Capping costs in Patents County Court and Small IP Claims Track
  16. 16. Future WIPO Arbitration and Mediation Centre: Decided on paper many thousands of domain name disputes since 1999 at US$1,500 each within a few weeks of claims Examiners’ Opinions: opinion on validity or infringement for £200
  17. 17. Any Questions Jane Lambert NIPC The Media Centre 7 Northumberland Street Huddersfield HD1 1RL Tel 0800 862 0055 niptech.wordpress.com twitter.com/nipclaw uk.linkedin.com/in/nipclaw