Part 36 Offer of Settlement in the Intellectual Property Enterprise Court (IPEC)?

Peter Adediran’s specialist niche area of practice is copyright, trademark and patent disputes and protection relating to digital media including websites and mobile applications PAIL Solicitors. Read more on PAIL’s Resource Library or keep up with the firm on Facebook.

1. Background

The Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual Property List (Chancery Division) which is meant for small and medium-sized enterprises (SMEs). The idea is to provide quick affordable access to justice for SMEs. The Intellectual Property List includes three sub-lists: Intellectual Property, Patents Court and the IPEC, and is part of the Business and Property Courts of the High Court. A Part 36 offer is the same whether used in intellectual property or any other type of commercial litigation except that there are different costs rules in IPEC. HM Courts & Tribunals Service provide a detailed guide for businesses, and legal practitioners online on how to take a case to IPEC.

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Running Intellectual Property Litigation In England

This article sets out an overview of running an intellectual property dispute in England, it considers the initial matters that should be dealt with and forming a clear strategy from the outset as how to run the litigation.

Risks/Benefits analysis of litigating?
1. The first thing to consider is whether the proposed defendant has the financial means to pay legal costs and/or damages if your proposed litigation is successful.

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Luxury fashion e-commerce

Luxury fashion e-commerce brand protection is one area of speciality that requires some finesse. We also advise beauty and lifestyle businesses which can be related to fashion. Specialisation in preparing website terms and conditions, registering trademarks and copyright, and advising on the on-line brand protection of textile goods, clothing, fabric design, jewellery, beauty, cosmetics and providing fashion information, means that we have built up the knowledge base over the years to maximise on-line brand protection.

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Mobile app developer non-circumvention agreement

Mobile app developer non-circumvention agreement explained by mobile app expert lawyers

So you have come up with some novel ideas to develop some features for a native mobile app for IOS or Android. Assuming you cannot code yourself, you will want to start approaching coders to build the app. But how will you prevent those developers stealing your ideas or building the same or a similar app for other another business? This is a major problem for a business because you don’t want to spend thousands developing an idea only for it to copied. Obviously you have to tell a developer about your ideas for them to build the app in the first place. Also the developer will build the app with the skills and knowledge that they have acquired over the years, and these skills are transferable

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Copyright in Logos

Copyright in logos was considered recently by the Intellectual Property Enterprise Court. Once again IPEC has contributed another very helpful decision to English law for businesses related to the Internet by way of another judgment from His Honour Judge Richard Hacon.

The case is Atelier Eighty Two Limited and Klinworx Climbing Centre CIC and 2 other defendants [2015] EWHC 2291 (IPEC).

The dispute was about ownership of copyright in logos but it affects all creative design and development work including website design and development.

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Copyright Assignment Agreements

Copyright assignment agreements or licences are routine in Internet business but they can be one of the more difficult aspects of a copyright infringement case for an intellectual property lawyer to prosecute. There are many other issues that can quickly become tricky such as what works are being relied upon as infringed, what rights are granted and being alleged as infringed, who made them exactly, when and in what circumstances where they made,

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Song writing credits copyright splits?

Song writing credits copyright splits where recently clarified by the Intellectual Property Enterprise Court in the Touch Sensitive Case. About a month ago, on the 20 May 2015, Miss Recorder Amanda Michaels sitting as deputy enterprise judge at the Intellectual Property Enterprise Court handed down judgment in yet another dispute issued in the IPEC regarding song writing credits and royalty splits. The case is called (1) Minder Music Limited (2) Julia Adamson -and- Steven Sharples [2015] EWHC 1454 Minder Music Limited was the first claimant, Julia Adamson the second and Steven Sharples the defendant.

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Photographs

Photographs are a very important part of the digital world. Electronic photographs are included in the definition of photographs in s 4(2) of the Copyright Designs and Patents Act 1988 (the “Act”). At PAIL® Solicitors we are proud to say that we work with a group of crazy creatives, who can budget for our services, which includes photographers. We want to share some tips with photographers out there for a minute. You love photographs, and you want to be this amazing photographer who works for yourself, or to partner with a graphic designer, and/or writer to create a design and consulting creative agency, or some other kind of service.

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