Wrigley Claydon Solicitors

Tag: intellectual property

  • Intellectual Property Dispute: Shanks vs Unilever

    In the case of Shanks-v-Unilever Plc the Supreme Court had to consider what amounts to an “outstanding benefit” for the purposes of determining whether an employee who has made an invention belonging to an employer for which a patent has been granted is entitled to compensation pursuant to s.40(1) of the Patents Act 1977?

    During the course of his employment with Unilever, Professor Shanks invented a device designed to measure glucose concentrations in blood, serum or urine.

    The rights to the invention belonged to Unilever, which subsequently obtained patents in respect of the invention. Years later, these patents were licensed to companies operating in the blood glucose testing field. Professor Shanks brought a claim for employee compensation against Unilever pursuant to s.40 (1) of the Patents Act 1977. The Intellectual Property Office concluded that the financial benefit to Unilever from licensing the patent rights was £24.5m, but that this was not an “outstanding” benefit as required by the terms of s.40(1). This conclusion was upheld by the High Court and Court of Appeal.

    Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf.

     

    Call Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

  • Commercial litigation and intellectual property rights

    Commercial litigation and intellectual property rights

    The Supreme Court on 9 March 2016 dismissed an appeal by Trunki manufacturer Magmatic, which argued that a competitor product was breaching its intellectual property rights.

    In 2006 Mr Law appeared on BBC Two show Dragons’ Den, unsuccessfully seeking investment for his Trunki case. After he was rejected by the Dragons, he went on to sell more than two million of the suitcases in more than 60 countries.

    Magmatic had previously registered a Community-registered design for its Trunki suitcases which covers various colours but not surface decoration.

    Magmatic argued that PMS International’s Kiddee Cases, which are decorated to look like animals or insects, infringed the design rights of their Trunki suitcase.

    While the High Court had agreed with Magmatic in 2013, the Court of Appeal reversed that decision and found in favour of PMS International. The Supreme Court agreed with the Court of Appeal’s decision.

    Supreme Court Justice Lord Neuberger said Trunki was “both original and clever” and he said it “appears clear” the Kiddee Case had been conceived “as a result of seeing a Trunki and discovering that a discount model was not available”.

    But he said: “Unfortunately for Magmatic, however, this appeal is not concerned with an idea or an invention, but with a design.” The court said design law was based on the “overall impression created by a design”, which in Trunki’s case was “an animal with horns”. It said this was “significantly different from the impression made by the Kiddee Case, which were either an insect with antennae or an animal with ears”.

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights we can help. We can assist you in securing an injunction and/or damages or account of profits and the delivery up and destruction of the offending item. If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimizing your liability.

    If you feel you have an intellectual property case and need some legal advice then please speak to our Shalish Mehta, our civil and commercial litigation solicitor in Oldham. Please call us on 0161 785 3534.
  • No Blurred Lines in latest high profile copyright case

    No Blurred Lines in latest high profile copyright case

    Blurred Lines songwriters – Pharrell Williams, TI and Robin Thicke – have been ordered to pay Marvin Gaye’s family more than $7m in damages for the infringement upon the copyright of Marvin Gaye’s 1977 song Got To Give It Up.

    The lawyers for Marvin Gaye’s family now also want to stop sales of the song and are to ask the Court for an injunction until a settlement can be reached as to how future royalties from the song will be shared.

    How Wrigley Claydon copyright solicitors can help you

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights, please contact us. The Commercial Litigation and copyright solicitors at Wrigley Claydon can help by securing an injunction, compensation or recover profits made by the infringement and the return and destruction of the offending item.

    If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimising your liability.

    Call either our copyright solicitors Oldham office on 0161 624 6811 or our Todmorden office on 01706 815 712. You can also email one of the Commercial Litigation team, Vijay Srivastava or Shalish Mehta.
  • Intellectual property advice from your commercial litigation solicitor

    Intellectual property advice from your commercial litigation solicitor

    Commercial disputes come in all shapes and sizes, from contract and property disputes, mergers, acquisitions and litigation to debt collection, employment issues, licensing and intellectual property.

    The issue of intellectual property can be a confusing one. Every business will own some form of intellectual property and protecting this is imperative.

    What is intellectual property?

    According to the Intellectual Property Office, intellectual property is something unique that you physically create – an idea alone is not intellectual property. They give the example of a book – an idea for a book is not intellectual property, but the words you’ve written are. Other examples are:

    • the names of your products or brands
    • your inventions
    • the design or look of your products
    • things you write, make or produce

    Copyright, patents, designs and trade marks are all types of intellectual property protection. By having the right type of protection you can stop people stealing or copying your work, reducing the risk of commercial dispute and the need for legal action. A commercial litigation solicitor can help advise you on intellectual property ownership and the appropriate type of protection.

    Intellectual property ownership

    Again, the Intellectual Property Office tells us you own intellectual property if you:

    • created it (and it meets the requirements for copyright, a patent or a design)
    • bought intellectual property rights from the creator or a previous owner
    • have a brand that could be a trade mark, eg a well-known product name

    Interestingly, intellectual property can have more than one owner, belong to people or businesses and be sold or transferred. If you are employed and created something as part of your job, you usually won’t own the intellectual property to this piece of work. This will belong to your employer. Exceptions might exist if you are a freelance worker, depending on your contact agreement and terms & conditions.  If a business is bought or sold, intellectual property ownership can also be sold or transferred as part of that exchange.

    If you have a dispute about your intellectual property, please speak one of our commercial litigation solicitors.  They are specialist intellectual property dispute resolution and litigation solicitors. They can assist you pursuing or defending a claim in matters relating to trademarks, trade marks overseas, patents, copyright, designs, confidential information, licensing your intellectual property, franchising and enforcement.

    If you feel your intellectual property rights have been infringed and need some legal advice then please speak to Vijay Srivastava or Shalish Mehta, our civil and commercial litigation solicitors.  Please call us on 0161 785 3534.