NIPC News

Author Hydragyrum Reproduced with kind permission of the Author Jane Lambert Since my last News Roundup   on 12 Oct 2017 I have written about copyright in photographs and television gameshow formats. the construction of patent licence terms and the English courts' jurisdiction to hear applications for declarations of non-infringement. I have also discussed the second reading of the Data Protection Bill in the House of Lords and the Irish High Court's referral to the Court of Justice of the European Union of the question of whether standard contract terms for the transfer of data overseas comply with EU law. I have continued to monitor the Brexit negotiations and discussed a joint letter from the British government and the Commission on our future relationship with the World Trade Organization. I attended the annual meeting of the WIPO domain name dispute resolution panellists and wrote about it in NIPC Branding. I discussed an IPO consultation o...

Jane Lambert The blockade of Qatar by three of its partners in the Gulf Cooperation Council which I discussed in How will the Blockade of Qatar affect IP Law in the GCC Countries? 7 June NIPC Gulf reminds us that those countries have always been important to the United Kingdom. We sell a lot of goods am services to them and they supply us with oil and gas.  We have invested heavily in their economies and they have invested in ours. Those countries would have become even more important to us in that they would have been looking to us and other advanced countries to help them develop new industries and technologies for when the oil runs out and we would have been looking to do more business with them after Brexit. Because of the importance of this region to the UK, I started some years ago the NIPC Gulf blog  which follows legal developments in the region that are likely to affect this country and vice versa .  As I emphasize in the blog;s  About pa...

Jane Lambert First Published 2 Nov 2011 JD Supra, Revised 30 Jan 2017 Essentially, there are two ways of resolving any kind of dispute: the parties can agree to settle; or  a third party, such as a judge, arbitrator or hearing officer , imposes a settlement on them.  They are not mutually exclusive. Some issues in a dispute may be settled by one method while other issues may be settled by another. Agreed Settlement There are two routes to an agreed settlement: Direct negotiation between the parties; or Mediation, that is to say, negotiation facilitated by a third party known as “a mediator”. There are also two negotiation strategies, namely positional and principled negotiation. Mediation developed out of principled negotiation. Direct Negotiation P ositional Negotiation:   The parties bargain. One side begins by demanding more than it expects to get while the other offers less than it expects to give. In subsequent exchanges, the pa...