NIPC Law

Author Satoshi Nakamoto Source Wikimedia   Jane Lambert Chancery Division (Mr Justice Mellor)  Crypto Open Patent Alliance v Wright [2024] EWHC 1198 (Ch) (20 May 2024 ) Bitcoin was the world's first cryptocurrency , a digital currency that does not depend on a government, bank or other central institution to function. It is said to have been created by one Satoshi Nakamoto . Nobody knows the identity of that person or even whether that person is a single individual or a team. An Australian computer scientist called Craig Steven Wright ("Dr Wright") claims to be Satoshi Nakamoto but his claim has been disputed by an organization called the Crypto Open Patent Alliance ("COPA") . By an action instituted on 9 April 2023, COPA alleged that Dr Wright was not Sakamoto. Other Proceedings Dr Wright and two companies that he controlled called Wright International Investments Ltd. and Wright International Investments UK Ltd. responded by issuing passing-off proceedings...

Jane Lambert Chancery Division  (Lord Justice Arnold)  Sky Ltd and others v Skykick UK Ltd and another [2020] EWHC 1735 (Ch) (2 July 2020) On 9 May 2020, I wrote in Trade marks - Sky v Skykick, The Final Chapter : "Thus endeth a lawsuit that required three hearings before Lord Justice Arnold as he now is, one to the Court of Appeal and another to the CJEU. Sky scraped home on electronic mail services but not much else. The Sky companies lost their passing off claim and part of their goods and services specification. The excursion to Luxembourg did result in a ruling that lack of clarity and precision is not fatal to a trade mark registration and that bad faith in applying for registration of some goods and services does not vitiate the whole mark." Only the litigation didn't end.  There was a further hearing before Lord Justice Arnold on 2 July 2020 to argue the terms of the final order (see  Sky Ltd and others v Skykick UK Ltd and a...

J ane Lambert Art 19 (1) of  Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure ("the trade secrets directive") requires each and every member state of the EU (including the UK for the time being) to  bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 9 June 2018.  Accordingly, Mr  Sam Gyimah MP, Minister of State at the Department for Business, Energy and Industrial Strategy, has signed The Trade Secrets (Enforcement, etc.) Regulations  SI 2018 No 597 ("the regulations") which will come into force on that day. Overview of the Regulations The regulations so not purport to transpose the whole directive into English law. The statutory instrument consists of 19 regulations most of which relate to time limits, court proc...

Kerry Group's Headquarters in Tralee Author: Hajotthu Source: Wikipedia Creative Commons Licence Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd and Others [2016] EWHC 2448 (Ch) (7 Oct 2016) Mr Justice Newey The issue in this case was whether a food manufacturer that had received secret information on the manufacture of edible infused oils from its supplier for health and safety and regulatory purposes only could use that information to develop its own range of infused oils. The Parties The claimant was a wholly owned subsidiary of Kerry Group Plc . The group describes itself as "the largest and broadest industry innovation and solutions provider in the global ingredients and flavours market." The Kerry Group produces more than 30 infused oils at its plant at Padiham near Burnley. Its main products, each of which is a clear liquid, are infused with mint, chilli, basil, lemon, garlic, rosemary or coriander. Those oils have a variety of ...

The adoption by the Council and European Parliament of Directive (EU) 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ 15.6.2016 L 157/1) ( "the Trade Secrets Directive" ) seems to have been overlooked in the furore over Brexit. The directive lays down rules on the protection against the unlawful acquisition, use and disclosure of trade secrets and is due to be implemented by 9 June 2018. As the negotiation of a withdrawal agreement is likely to take some time and our incoming prime minister seems to be in no hurry to begin such negotiations there is every chance that the UK will still be in the EU by that date. Even though we are on the way out of the EU I hope we implement the Trade Secrets Directive for two reasons. The first is that it is an opportunity to codify our trade secrets law. Something that has already been done in the USA where 47 s...