Friday, 12 November 2021

Wales Enterprise Day


 








Jane Lambert

For the last three years, the Menai Science Park (M-SParc) has contributed to World Intellectual Property Day.  Every year the celebrations focus on a different theme. This year's was Taking Your Ideas to Market. As I wrote in Menai Science Park's Contribution to World IP Day 2021, that theme "could not be more appropriate for the Menai Science Park because that is what it does all through the year."

As in previous years, Emily Roberts asked me to help her choose speakers for the event.  I discussed her request with Richard Fraser-Willaims of Business Wales.  It quickly became clear to us that the topic was far too large for a single webinar.  Richard suggested that we should concentrate on start-ups on World Intellectual Property Day. If that event was successful we could hold a second on scale-ups in Autumn.  I passed on Richard's suggestion to Emily and she agreed.

I am glad to say that our contribution to World Intellectual Property Day 2021 was a great success.  Accordingly, Emily asked me to suggest a programme for the Autumn event.   I proposed:

Emily accepted my proposal but asked:
"Is there a significant date in those months, for example connected to IP or scaling up in some way?"

I replied:

"There is a British intellectual property day on 1 July but not many people have heard of it.

Why don't we create our own Diwrnod Eiddo Deallusol Ynys Môn, Diwrnod Eiddo Deallusol Ynys Menai or if we can enlist the support of the Welsh government, the Senedd, the IPO, the Welsh Universities, business and other institutions, even a Diwrnod Eiddo Deallusol Cymru on whatever day we choose?"

A few days later Emily sent a draft Eventbrite card promoting our seminar in celebration of "Wales Enterprise Day."

Our webinar on scaling up took place yesterday.   I thought it was the best seminar on IP that we have ever presented to M-SParc.  I thank all the speakers for their excellent presentations.   But our seminar was followed by a much bigger event: "Den y Dreigiau" a great angel and seed-funding pitching event operated in conjunction with Global Welsh

That was a magnificent opportunity to see the achievements of the businesses that have developed in M-SParc. There were some that I already admired such as Haia and Cufflink but I learned about others in agricultural technology, environmental protection, therapeutics, veterinary devices and other fields that are also great.  All the presenters spoke passionately.  All were impressive.  I wish them every success in their endeavours.

In the room from which our seminar was hosted, there is a bell to announce good news.   Emily rang that bell when Sean Thomas announced that he will hold regular IP clinics in M-SParc with a bit of help from Andrea Knox and me.  Sean has now moved back to Anglesey (which happens to be his birthplace) and will practise from the island.   It would appear from IP-Reg's database that he will be the only patent or trade mark attorney in Wales to the northwest of Chepstow.

Anyone wishing to discuss this article may call me on 020 7404 5252 during normal business hours or send me a message through my contact form.

Monday, 25 October 2021

AberInnovation's Official Opening

Standard YouTube Licence

Jane Lambert

On Thursday 21 Oct  2021, the Rt Hon Mark Drakeford MS, the First Minister of Wales, opened AberInnovation (Aberystwyth Enterprise and Innovation Campus).  I watched the ceremony over Zoom, Ben Jones wrote about the event in First Minister of Wales Officially Opens AberInnovation which was posted to AberInnovation's website on 22 Oct 2021.

I first learned about AberInnovation when I delivered a talk at IBERS (The Institute of Biological, Environmental and Rural Sciences) entitled IP Rights relating to Waste Management and Packaging on 13 March 2019. I mentioned it in NIPC Wales, an article to mark the launch of this publication, in NIPC News on 15 March 2019.  I learned a little more about the project when I revisited IBERS on 19 June 2019 to take part in "'From Plants to Bio-Based Products' Motivation and Mutual Learning Workshop in Aberystwyth"I discussed the project in Aberinnovation: Mid-Wales's New Science Park on 20 Feb 2020 when I received a copy of AberInnovation's first newsletter and mentioned it again in Completion of Aberystwyth's Science Park on Time and on Budget on 30 Aug 2020.

According to its website, AberInnovation already hosts some interesting and potentially important businesses:
  • Agxio which describes itself as "an AI, data science and machine learning company that specialises in the biotech, life sciences and agricultural science industries";
  • AMIGROW. "a service that aims to integrate field information, about crop condition and management practices, with high-quality satellite imagery in order to provide agricultural managers valuable insights to manage crop production and maximise crop yield";
  • ARCITEKBio which commercializes a platform for the processing of agricultural waste into high-value products including xylitol a challenge to the global sweeteners market;
  • BIC Innovation, a leading consultancy that I have known and with which I have occasionally collaborated for nearly 20 years; 
  • Biosample Hub, an online platform that connects biotech and pharma companies with hospital biobanks to support the research and development of new drugs, diagnostics and vaccines;
  • Cambrian Cyber Consulting, a "provider of cyber and information security consultancy expertise, with affordable service offerings for companies wishing to assess, health-check and audit cyber risk" 
  • CHAP, a UK Agri-Tech Centre that brings together leading scientists, farmers, advisors, innovators and businesses to understand industry challenges, drive research and innovation and develop and trial solutions that transform crop systems; 
  • Cydweithio, Welsh for "Collaboration", brings together a selected set of primarily Welsh small businesses specialising in electronics and software and offers their products and services to the market;
  • EISA Tea Co., an ethical and sustainable tea business that aims to inspire informed change in consumer habits;
  • LeafCann which is on a "mission is to advance the re-introduction of plant-based extracts in medicine and nutrition through conducting and supporting product and industry research and development, clinical trials, commercial production and GMP manufacturing: 
  • PhytoQuest innovates "natural ingredients and compounds in the high-margin healthy-living products emerging from the convergence of food, pharmaceuticals, and cosmetics";
  • PlantSea aims to replace environmentally damaging petroleum-based plastics with sustainable and biodegradable alternatives;
  • Reselan, "a process development and implementation company, with the purpose of improving environmental and economic performance of businesses and other organizations;"
  • Shire Meadery aims to create unique light meads with a focus on delicate flavours and drinkability;
  • Starfish Labs on a mission to design and build apps that improve people's lives, that is to say, "apps for living – mobile and web apps for training, education, healthcare, tourism and to support people with learning difficulties and disabilities, and for our ageing population;"
  • Techion, "a full-stack information company, integrating several modes of technology (hardware, software and data) to deliver solutions for complex disease problems;"
  • Terravesta which describes itself as "the world-leading energy crop supply chain specialist, producing sustainable energy from marginal land using miscanthus;
  • Watercress Research Ltd, a "phytochemical research company developing natural solutions to medical conditions;"
  • Yma, which means "here" in Welsh, aims "to create the conditions where primary care in Wales thrives now and for future generations;"
  • "ZipFarming is concerned with the research, development and commercialisation of AI-led ecosystem and farm services that when combined with satellite location, can enable payment or credit services to farmers;" and 
  • ZipMobility which "enables intelligent mobility services for UK agriculture and also off-road rural supply-chains in the developing world. "
AberInnovation has also staged a wide range of events ranging from agritech to R & D tax credits and it publishes a very interesting blog.

These are very exciting developments and I should like to help promote the project, its tenants, members and wider community if I can.  Over the last three years, I have given talks and held pro bono intellectual property clinics at M-SParc, the Menai Science Park at Gaerwen.  I have helped to arrange and chaired M-SParc's contributions to World Intellectual Property Day in 2019, 2020 and 2021. Students and faculty from Bangor University law school have attended at least one of these events (see IP Database Searches and Understanding Specifications 30 Nov 2019).  I kept in contact via Zoom all through the pandemic speaking to the markers group Ffiws and Gogledd Creadigol.  On 11 Nov 2021, I shall chair a seminar on IP for scale-ups which will be streamed live over the internet and may well be of use to AberInnovation, its tenants, members and community,  It would be great to do the same sort of thing in Aberystwyth.

Anyone wishing to discuss this article may contact me on 020 7404 5252 during normal UK business hours or send me a message through my contact form at other times.

Tuesday, 19 October 2021

IP Strategy to Scale-Up

 

Author Worthhog Licence CC BY-SA 3.0 Source Wikimedia Commons




















The transition of a business from start-up to scale-up is often described as a "chasm".  That is because most scale-ups are very different from start-ups in terms of governance, marketing and funding.  One obvious difference is that start-ups can be funded by their founders themselves, possibly with the support of friends and family and maybe some grants or soft loans whereas scale-ups usually need investment from third parties such as angels, venture capitalists and in a few rare cases the AIM.

There is also a chasm in attitude towards intellectual property.  Jag Singh, Managing Director of Techstars in Berlin, wrote in How startups and SMEs should think about IP: an investor's perspective in the June 2021 WIPO Magazine
"Over the last 15 years, first as an entrepreneur and now as an investor, I’ve seen many award-winning ventures end up in the global startup graveyard. Why? In large part, because very few of them secured intellectual property (IP) rights to protect their business assets."

He explained that that was because of an inadequate understanding of IP and a belief that IP protection is inordinately expensive.  For many start-ups, IP is something that is nice to have but for those who invest in a scale-up adequate IP protection is crucial.   Without such protection, it is only too easy for a predator to swallow a market or technology that has been carefully developed by the start-up. Specialist advice and representation do not come cheap but, as Singh also observed in his article, failure to protect a business's brands, designs, technology and creative output comes with an enormous price tag.  

However, there is such a thing as having too much IP.   In my career at the patent bar, I have seen far more business failures resulting from having too much IP protection than from having too little  That is because businesses apply for patents they will never work, trade marks where they have no trade and designs for products they will never put into production.   That wastes resources because registrations have to be renewed, policed and occasionally defended and enforced. A crisis occurs when those costs amount to more than the company can afford.

To avoid either extreme businesses need to devise IP strategies and integrate those strategies into their business plans. According to Singh, that is one of the indicators for which investors look when deciding whether or not to invest in a business:

"In the modern economy, IP assets often drive current and future revenues, so investors like to see that entrepreneurs have integrated IP rights into their business plans. Evidence of some kind of convincing approach to IP will, at the very least, mean that companies are better aligned with investors on the big question of how to sell the company for billions of dollars one day."

An IP strategy should, of course, take account of a company's research and development and marketing the aims and costs of which should also feature in its business plan.

As every business is different every business's IP strategy should be tailored to its specific needs. In a tech company, the emphasis may be on patenting and trade secrecy.   If the company offers a new service it will focus on branding, data and business format.  The starting point should be the intellectual assets that the business already has and those that it intends to develop.  That will usually require an intellectual asset audit and sometimes specialist valuation.  The costs of patenting and trade mark and design registration should be factored in. Consideration should be given not only to the UK but also to the countries in which the scale-up expects to do business or from where it anticipates competition.  The strategy should provide for validity challenges and infringement actions and make arrangements for deploying an effective response.  Often it is useful to consult an IP strategist when devising the strategy. Ideally, the IP strategist should be someone other than the professional who is already prosecuting your patent, trade mark or design registration applications (see Jane Lambert What is Intellectual Property Strategy?  Updated 1 Sept 2017 NIPC Law).

On 11 Nov 2021, I will chair a seminar at the Menai Science Park (M-SParc) called "Scaling Up - Wales Enterprise Day" that will discuss how start-ups can leap across the chasm to become scale-ups.  Emily Roberts and I have assembled a panel of experts on funding, intellectual asset valuation, scale-ups, patenting and the law.   Edward French of Pinpoint Capital will tell us what VCs and angels look for in a scale-up.  Alison Orr of Inngot will discuss intellectual asset valuation and leverage.  One of BICInnovation's scale-up specialists will talk about growth strategies.  Sean Thomas of Thomas Harrison will outline the patenting and trade mark and design issues in scaling up.  Andrea Knox of Knox Commercial Solicitors will address due diligence, shareholders' agreements and other matters. If you can reach M-SParc by 12:00 on 11 Nov you can attend in person.   Otherwise, you can follow it online.  Either way, you will need to register through Eventbrite.

Later on 11 Nov 2021 there will be a pitching event for businesses that want to become scale-ups before real investors which will also take place before a live audience at M-SParc and streamed online.  This is a unique opportunity to watch angels and possibly other investors in action.   Again, if you can make it to the park by 16:00 you can attend in person.  Alternatively, you can watch over the Internet.  Again, you will need to register with Eventbrite

Anyone wishing to discuss this article further may call me on 020 7494 5252 during normal office hours or send me a message through my contact form.

Wednesday, 6 October 2021

Alternatives to Patenting

UK Patent Office at Newport
Crown Copyright   Licence  Open Government Licence


Jane Lambert

A patent offers the most comprehensive protection of new technology.  It confers a monopoly that can last for up to 20 years of the manufacture, disposal, marketing, use, importation or keeping of a new product or the use of a new process including a monopoly of the disposal, marketing, use, importation or keeping of any product obtained directly from the process.

However, such monopolies are not granted lightly.  Every invention is examined for novelty, inventiveness, utility and compliance with the relevant legislation.  That is a lengthy and complex process for which an applicant will almost certainly require the assistance of a patent attorney and, in some cases, patent counsel.  According to the guidance Patenting Your Invention only 1 in 20 applicants gets a patent without professional help.   Such help does not come cheap.   The same guidance note states that an application for a patent for the UK alone typically costs £4,000.  If the application is granted there are renewal fees which in many countries rise throughout the term of the patent.  If the validity of the patent is challenged or the patent is infringed the cost of invalidity or infringement proceedings can run into many hundreds of thousands or even millions of pounds

A condition of the grant of a patent is that the specification must disclose the invention in a manner that is clear enough and complete enough for the invention to be performed by a person skilled in the art.  Should the application be refused or should a granted patent be revoked, anyone in the world may make, market, distribute or use the invention. Indeed, anyone in a country in which patent protection has not been obtained may freely work that invention.

Not every invention can be patented.   S.1 (2) of the Patents Act 1977 excludes from patentability:
"(a) a discovery, scientific theory or mathematical method;
(b) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever;
(c) a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer;
(d) the presentation of information."

That exclusion covers great swathes of innovation in our increasingly services orientated internet-based economy.    Happily, there are other ways of protecting a new technology.   

If the invention cannot easily be reverse engineered it may be better to keep it secret.   The law of confidence bolstered recently by the Trade Secrets Directive prevents unauthorized use or disclosure of secret technical or commercial information.   A restriction on unauthorized use or disclosure lasts until the information is in the public domain.    In some cases, that can be a very long time.   The recipe for Coca Cola has been kept secret for more than a century and the recipe for Chartreuse for very much longer. The information has to be secret, it must have some inherent value and it must be imparted in circumstances giving rise to an obligation of confidence. Usually, that means a confidentiality agreement but there are other circumstances where an obligation of confidence will be implied.  For instance, a patent attorney is bound by such an obligation when he or she advises an inventor on the patentability of a new invention.  The information technology industry, in particular, relies heavily on trade secrecy law to protect algorithms, source codes and other unpublished information. 

Many innovative new products, particularly in the consumer electronics, fashion and beauty, toys and novelty industries, have a very short shelf life.   For them, short term protection from copying is enough. The UK is one of a very small number of countries that protects "the design of the shape or configuration (whether internal or external) of the whole or part of an article" from unlicensed reproduction.   Such protection, known as "unregistered design right" subsists automatically in original designs.  There is no need for examination, registration or professional help.   Design right protection can last up to 15 years if the design is not exploited by the marketing of articles made to the design or 10 years where it has.    However, in the last 5 years of the design right term, anyone in the world can apply to the design right owner for a licence to use the design as of right.  Any dispute over the terms of the licence can be settled by the Intellectual Property Office.

The design of semiconductor chips is protected in the UK by a modified form of design right under The Design Right (Semiconductor Topographies) Regulations 1989 as amended by The Design Right (Semiconductor Topographies) (Amendment) (EU Exit) Regulations 2018.   The main differences lie in the qualifying countries, the term of design right and the exclusion of the licence of right provisions.

Although computer programs as such cannot be patented, computer programs, preparatory design material for computer programs and databases are specifically included in the definition of "literary work".  Copyright subsists automatically in original literary works and lasts for the life of the author plus 70 years.   There is no need for registration in the UK or most other countries.    It is however important to note that copyright provides protection against copying.  It does not prevent the making of a similar or even identical work provided that there has been no copying of or reference to the copyright work.   IT and many other industries that supply goods and services over the internet rely heavily on copyright.

The breeding of new varieties of seeds and plants is an increasingly important technology in view of climate change.  In the USA and some other countries, it is possible to obtain plant patents (see General Information About 35 U.S.C. 161 Plant Patents on the US Patents and Trademark Office website).  In the UK plant breeders' rights are protected by registration with the Plant Variety Rights Office under the Plant Varieties Act 1997 (see Plant Breeders' Rights).  

It is important to bear in mind that consumers are often drawn to a new product by its shape or reputation rather than the technology under the hood.   Designs of new products with individual character can be registered under the Registered Designs Act 1949 for up to 25 years.  They are also protected by unregistered design rights and a new supplementary unregistered design right.   The surface decoration of a fabric, wall covering or other product can usually be protected from copying by copyright.  Occasionally, the article itself qualifies for protection as a work of artistic craftsmanship.    The reputation of a product or service is its brand.  Brands are protected in the UK by the registration of their name, logo or other indicia as a trade mark and by the common law of passing off.

 Anyone requiring additional information on any of those matters should fill in the following form.

                            

Friday, 24 September 2021

Visiting the Senedd Cymru

Author User (WT-Shared) Cardiff  Public Domain Source Wikipedia Cymru

 
















For many of us in the Northern Powerhouse (the Greater Manchester, Merseyside, West and South Yorkshire conurbations) the peaks of Eryri and the coasts of the Llŷn Peninsula and Ynys Môn are a favourite playground.  Except when I was a graduate student in the United States I have visited that region several times a year every year of my life.  Professionally I have also visited Newport for hearings at the Intellectual Property Office. It is slightly easier to reach and a lot more economical to visit than Aldgate or Victoria Street in London. More recently, I have been coming to that city's Riverfront Theatre to watch performances by Ballet Cymru of which I am a big fan.  But I never had occasion to spend time in Wales's capital city until this month. That is a pity because I found Cardiff to be one of the most vibrant and in many ways most beautiful major cities of these islands.

There is a lot to see and do in that city and as I had only a single day for sightseeing I chose to visit St Fagans National Museum of History, Llandaff Cathedral and the Senedd Cymru.  The Senedd is the name of the devolved legislature for Wales formerly known as the National Assembly for Wales. The name was changed by s.2 of the Senedd and Elections (Wales) Act 2020 with effect from 6 May 2020 by virtue of s.42 (2).  The Senedd is open to the public between Monday and Thursday from 09:00 to 16:30.  Admission is free but tickets have to be booked through Eventbrite.  Those who cannot visit Cardiff conveniently can take advantage of the virtual tour in English or Welsh.

On our visit, my travelling companion and I were welcomed in English and Welsh by a very kindly gentleman called Shay who is a "Visitor Engagement Officer."   I have been learning Welsh for just over a year with SaySomethingin supplemented by online courses from Popeth Cymraeg, Nant Gwrtheyrn and the London Welsh Centre but I have found it very difficult to practise speaking the language.  The moment Shay uttered the words "Bore da" I responded joyfully with "Oh! Dach chi'n siarad Cymraeg?"  And happily, he did.  For several minutes he patiently listened to my laboured sentences, grammatical errors and mispronunciations before ushering us through the security screen and introducing us to a colleague.  Shay's colleague showed us the chamber, a debate in committee over a video link,  various infographics showing the composition of the Senedd, its constituencies and regional lists, exhibitions celebrating the history of devolved government in Wales and the Welsh Afro-Caribbean community's experience in Wales before depositing us in the tea room with panoramic views of Cardiff Bay where my friend and I enjoyed cacennau cri, bara brith and paneidiau o de.

Wales was the first nation of the British Isles to unite with England though many would argue that "unite" is not the most appropriate verb to describe the arrangement.  For over 400 years Wales was governed as an appendage of England.   Under the Laws in Wales Act 1535, English law was introduced into Wales and Welsh electors were represented in the House of Commons for the first time.   A Welsh office and a committee of Welsh MPs was set up in the 20th century.  The National Assembly for Wales with limited executive powers was established by s.1 (1) of the Government of Wales Act 1998.  Those powers and functions were expanded and a Welsh government was established by the Government of Wales Act 2006.   The Wales Act 2014  and The Wales Act 2017 extended those legislative and executive powers.  Wales, unlike Scotland and Northern Ireland, does not yet have a separate court system but that is under active consideration (see "A Separate Welsh Jurisdiction"  21 Feb 2021).

I shall be at Nant Gwrtheyrn between 27 and 29 Sept 2021 and intend to visit M-SParc during that time. Should any tenant or other local business wish to discuss an intellectual property or related legal issue please call my clerk David on 020 7404 5252 or send me a message through my contact form to make an appointment.

Sunday, 5 September 2021

Making SParcs Fly

Colwyn Bay
Author Dot Potter Licence CC BY-SA 2.0 Source Wikimedia Commons


 









Jane Lambert

M-SParc (the Menai Science Park) has a mission is to promote science and technology throughout Wales and not just in Anglesey.  According to its press release, M-SParc takes Tech on Tour by Launching New Colwyn Bay Location personnel from the science park engaged with nearly 700 local residents on visits to  Bethesda and Botwnnog before lockdown.  Those visits have now resumed and M-SParc's latest port of call is Colwyn Bay where it has established a temporary base at 29 Conway Road.

Like many seaside resorts, Colwyn Bay flourished in the 19th and early 20th centuries.  Since the middle of the last century,  it has lost holidaymakers to sunnier destinations. Dwindling numbers of visitors discouraged investment in tourism and hospitality.  The pier closed in 2009 because it had been allowed to fall into disrepair though it should be remembered that some new attractions have opened such as the Welsh Mountain Zoo and the Colwyn Leisure Centre in Eirias Park.

Though such developments are welcome it makes sense for Colwyn Bay to broaden its economic base with new businesses in the high tech and creative industries.   To encourage the formation, establishment and growth of such businesses, M-SParc will offer at Conway Road all the activities that take place in Gaerwen including Ffiws Maker Space, hot desks, co-working space, business, design, technology and innovation workshops and seminars, as well as science and technology sessions for young people.  

The following events take place at 29 Conway Road on the dates and at the times indicated:

I have a personal interest in the Ffiws events because I had the pleasure of addressing its members on 15 April 2020. I had intended to give the talk in Porthmadog in person but was prevented from visiting Wales by the pandemic. However, I presented the talk over Zoom and my slides can be downloaded here,

Gogledd Creadigol is the forum for the creative industries in North Wales. On 15 Sept 2021, it will host an event called Cocktails and Creativity which will take place at M-SParc and online. One of the guests is Elin Fflur about whom I knew nothing until I started to learn Welsh just over a year ago.  As I suspect that many others in the English speaking world have yet to be introduced to her, I urge them to listen to her sing Ar Lan y Môr ("By the Sea Shore") with Max Boyce.  She is good as are a whole galaxy of singers, musicians, film and programme-makers and even a chip munching talking orangutan - all of whom I have discovered through learning Welsh.  Other guests will include Stifyn Parri, Osian Gwynn, art director of the Pontio Arts Centre and guests from the TV series Rownd a Rownd.

Crucial to the success of all businesses - but particularly those in the high tech and creative industries - is the legal protection of their investment in branding, design, technology and creativity. Guests from the Intellectual Property Office, the Welsh Government, Inngot and BIC Innovation stressed its importance for startups on World Intellectual Prop[erty Day (see Menai Science Park's Contribution to World IP Day 2021 25 April 2021).  It is even more important for businesses seeking angel or private equity investment or flotation on the Alternative Investment Market as attendees will hear at our in-person and live-streamed webinar  IP & SME - Scaling Up on 11 Nov 2021.

In the meantime, readers are reminded that choosing the optimum legal protection for their brands, designs, technology and creativity, for the time being, can make all the difference between business failure and a howling success.   They will find guidance in Choosing the Right IP Protection which I posted on 24 April 2019.  If they want to discuss this matter further, they can book a free 30-minute appointment over Zoom by completing this simple form.

Tuesday, 17 August 2021

IP & SME - Scaling-Up

Stock Exchange
Author Gren  Licence Public Domain  Source Wikimedia Commons





















On 26 April of every year, a worldwide festival of creativity and innovation takes place to celebrate the anniversary of the implementation of the convention establishing the World Intellectual Property Organization. For the last three years, the Menai Science Park has contributed to the festival by holding a seminar on its annual theme.

This year's theme was IP & SMEs: Taking your ideas to market and the theme park held a very successful webinar on that topic on 26 April 2021 (see Menai Science Park's Contribution to World IP Day 2021 25 April 2021).  In that article I wrote:
"If this webinar is successful we hope to hold subsequent ones on scaling up the business covering angel and private equity investment and Stock Exchange flotation later in the year ..."

In view of the webinar's success,  Emily Roberts is planning a similar seminar on scaling-up to take place on 11 Nov 2021.   

The first seminar focused on the funding that is available for new businesses in Wales during their early years.  Many of those businesses will fail but those that survive are likely to enjoy strong demand for their products and services.   Some of those businesses will wish to expand their capacity and exploit new opportunities.  Such expansion and exploitation will require equity investment.   Such investment can be provided by 

Emily and I will invite an angel, venture capitalist and NOMAD (nominated advisor) to speak at the seminar.

As such investors will risk many thousands and sometimes millions of pounds, they will wish to make sure that their investment is secure.  They will require due diligence, sound legal agreements and full intellectual property protection.   We will arrange for those topics to be covered by an experienced commercial lawyer and a patent and trade mark attorney.   Everybody attending the webinar will be given links to further information on scaling-up.

The Eventbrite card will appear shortly.   In the meantime, anyone wishing to discuss this article or any of the topics mentioned in it should call me on 020 7404 5252 during office hours or send me a message through my contact form.

Wednesday, 11 August 2021

Geographical Indications: Gower Salt Marsh Lamb - First Product to be registered under the British Scheme

Gower Meat Selection at a Swansea Restaurant
Author Vouliagmeni Licence Public Domain Source Wikipedia Commons

 










Jane Lambert

By a decision notice dated 23 July 2021 the Secretary of State for the Environment, Food and Rural Affairs has decided to register 'Gower Salt Marsh Lamb’ as a Protected Designation of Origin under the UK quality scheme for protected designations of origin and protected geographical indications for agricultural products and foodstuffs.  The significance of the decision is that it is the first product to be registered under the British scheme.  The application was made on 1 Jan 2021 (the day after the transition or implementation period provided by art 126 of the agreement for British withdrawal from the EU expired) and the product was added to the register today.

In Geographical Indications I wrote:

"Ageographical indication' is defined as a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin (see the "Geographical Indications" page of the WIPO website). The sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production. Examples include 'Scotch' for whisky from Scotland, 'Champagne' for sparkling wine from the Champagne region of France and “Parma” ham for dry-cured ham from the Parma region of Italy."

In The New Protected Food Names Scheme as it will apply in Wales I added:

"The signs used on products that have a specific geographical origin and possess qualities or a reputation that are due to their origin are known as geographical indications. They are a type of intellectual asset that the United Kingdom and other parties to the WTO agreement are required to protect by Section 3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"). In the United Kingdom, these requirements are satisfied by the law of passing off, the registration of certification and collective marks and sui generis EU intellectual property rights established by Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs OJ L 343, 14.12.2012, p. 1–29."
The UK is required to continue to protect protected designations of origin, protected geographical indications and traditional specialities guaranteed by art 54 (2) of the withdrawal agreement. That requirement is implemented by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2019 (SI 2019 No 1366) which amend Regulation 1151/2012. Essentially, the EU legislation as amended by that statutory instrument has been incorporated into the laws of Wales, England, Scotland and Northern Ireland by s.3 (1) of the European Union (Withdrawal) Act 2018 with effect from 31 Dec 2020.    

I discussed the UK scheme in Geographical Indications in the UK after 31 Dec 2020 in NIPC Law on 30 Sept 2020.   I considered how the new British scheme would apply in Wales in The New Protected Food Names Scheme as it will apply in Wales on 26 Oct 2020 in NIPC Wales.   I explained the way in which the EU legislation had been amended and incorporated into domestic law in How Brexit has changed IP Law in NIPC Brexit on 17 Jan 2021 and in my presentation and handout IP after Brexit on 26 Jan 2021.

The Department for the Environment, Food and Rural Affairs has published a full product specification for Gower salt marsh lamb.  It identifies the applicant for registration, the product's name and description, its geographical area, proof of origin, method of production and link with the area.  The City and County of Swansea will be the inspection body for the product. 

Gower salt marsh lamb is not the only famous product from the area.  The Gower peninsula is an important gastronomic region of the British isles.  It is also famous for its beef, game, fruit, vegetables, seafood and many other products.  A distinctive local speciality is laverbread made from seaweed.  Further information on the area's foods can be obtained from the Wikipedia article Cuisine of Gower.

Anyone wishing to discuss this article or any of its contents may call me on 020 7404 5252 during office hours or send me a message through my contact form.

Wednesday, 4 August 2021

Website Access Terms and Privacy Statements - Something that every Website should have















When I talk to business owners in Wales (or indeed anywhere else for that matter) there is usually at least one who wants to talk about terms and conditions.  Usually, he or she wants to talk about conditions of sale or service.  Sometimes about procurement and purchase.  If a website is to be used in business, then it should display the terms upon which goods are to be traded.  I discussed what they should be in "All At Sea!" - Terms and Conditions of Business on 15 April 2019. But in addition, it should also have website access terms ("WAT") and a privacy statement and so too should every other website,

What's WAT
A WAT is essentially a licence.  In order to visit a website, an internet user has to run the digital code that represents text, images, sounds, animations and other content through a browser and that involves reproduction.  The noughts and one that the browser converts into screen and speaker output are literary works within the meaning of s.3 (1) of the Copyrights Designs and Patents Act 1988.  Reproducing a copyright work is an act restricted by s.16 (1) (a) of the same Act.   It can only be done lawfully with the consent of the copyright owner.  The WAT are the terms upon which the terms on which the owner of the copyright in the website content gives his or her consent.

The Terms
The terms of the WAT will depend on the needs of the business owner but a typical licence might include:
  • a description of the licence
  • an acknowledgement of the owner's intellectual property rights
  • undertakings not to do certain acts such as downloading copyright work or deep linking
  • disclaimers of certain types of liability in so far as may be permitted by the Unfair Contract Terms Act 1977 and other legislation
  • reservations of the right to vary the terms
  • clauses severing any void or unenforceable provisions
  • choice of law. and
  • choice of jurisdiction.

The Licence Description
The most important part of the WAT is the licence which will look something like this:
"(1)     Access to this website requires the reproduction of copyright material which can be done lawfully only with the licence of XYZ Ltd a private company incorporated in Wales with limited liability under company number,,,,,,,,,,,,,, the registered office of which is at  .........................  ("the Company").
(2)    The Company grants such licence only on the following terms.
(3)    If you do not accept these terms you may not visit this site and must leave immediately."
In the "choice of law" clause you will provide that the terms are to be construed and enforced in accordance with the laws of Wales and England.   In the choice of jurisdiction clause, you will require the internet user to submit to the jurisdiction of the courts of Wales and England.  You can even specify that the user will not object to the issue of proceedings out of the Chancery District Registries of Caernarfon, Cardiff or Mold.

Privacy Statement 
This is not a contract but a statement of policy.   It essentially tells visitors what data will be collected, how it will be used and how and where to obtain further information, request access to personal data under the provisions of the Data Protection Acy 2018 and lodge objections.   As several provisions of the Act require the informed consent of the data subject it is important that it is full and accurate.   It does not have to be drawn up by a lawyer but it should be checked by one,   I have a specialist blog on data protection at http://nipcdp.blogspot.com/ which contains articles on the Act and General Data Protection Regulation. 

Language
If you translate the WAT or privacy statement into Welsh, make sure that it is done or at least checked by a Welsh-speaking lawyer.   Remember that the WAT and statement will be available in the rest of the world so there should be at least one version in English.

Further Information
Anyone wishing to discuss this article or any of the topics mentioned in it may call me on 020 7404 5252 or send me a message through my contact form. 

Friday, 9 July 2021

Culture and Trade Marks

Author WaynaQhapaq  Public Domain Wikipedia Commons  

Jane Lambert

Yoruba is a language spoken by a large number of people in Nigeria and neighbouring states of West Africa.  It is also the collective name of the people who speak that language.  Between the 13th and 15th centuries, it was the home of a brilliant civilization centred on Ife that produced art of exceptional beauty an example of which appears in the photo above.

When it was discovered that an English company called Timbuktu Ltd, had registered the word YORUBA as a trade mark for a wide range of goods and services there was an outcry on Twitter.  Many people of Yoruba heritage and others were hurt and I commented on their reaction in Traditional Knowledge and Trade Marks in NIPC News on 30 May 2021.  A few days later the Intellectual Property Law Association of Nigeria invited me to speak at a webinar on the topic that they had organized on 2 Jan 2021 and I prepared The UK YORUBA Trade Mark presentation for the discussion.

Although the issues were different I was reminded of the Yoruba controversy when I read that the Welsh Language Commissioner had criticized the Intellectual Property Office for registering SNOWDONIA as a trade mark for a large English clothing retailer but not registering ERYRI for a small Welsh clothing manufacturer (see Language commissioner criticises decision to not grant Welsh trademark 7 July 2021 Nation Cymru).  The story was also pointed out to me at different times by two individuals who are prominent in Welsh economic development who could not be described as partisan or reactionary but I detected the same hurt in Wales as there had been in Nigeria.

I was asked for an explanation which I can't give as I am not privy to the discussions between any of the parties to the dispute and the Intellectual Property Office but I can state the law.   One of the grounds upon which a trade mark can be refused registration under the Trade Marks Act 1994 is that it consists exclusively of signs or indications which may serve, in trade, to designate the geographical origin of goods or services (see s.3 (1) (c)).   That may have been the ground upon which the Welsh clothing company was refused registration.  However, that prohibition is not absolute.   There is a proviso that a trade mark shall not be refused registration by virtue of paragraph (c) above if, before the date of application for registration, it had in fact acquired a distinctive character as a result of the use made of it.  

I made a search of SNOWDONIA on the Trade Mark Registry website and found a very large number of registrations ranging from "Rubber Boots" by J.D. Williams & Company Limited from 8 April 1954 under trade mark number UK729050 to ice cream by Loseley (Manufacturing) Limited from 9 Oct 1998 under trade mark number UK2179272. Both J D Williams and Loseley are big companies that advertise their goods extensively so I guess that they would have persuaded the examiner that they fell within the proviso. 

I also made a search of ERYRI and found that the word had been registered in combination with other words or devices ranging from Hafod Eryri for education and exhibition services all relating to National Parks cultural activities and the provision of food and drink and temporary accommodation by the Snowdonia National Park Authority to Eryri Snowdonia Gin.

In both Nigeria and Wales, it was felt that the law ought to be changed. Many in Nigeria and elsewhere have expressed the view that nobody should be allowed to register the name of a people, language and proud and ancient civilization as a trade mark. That would probably require a diplomatic conference. In Wales, there has been a drive to dispense with English names for Welsh geographical features even when they are over 1,000 years old. The registration of Snowdonia but not of Eryri has been seen by many as a gratuitous slight. While that is unlikely to have been the IPO's intention it is a sentiment of which legislators should take note. It is a topic that a Welsh law and innovation network could usefully consider.

Anyone wishing to discuss this article may call me during office hours on +44 (0)20 7404 5252 or send me a message through my contact form.

Saturday, 12 June 2021

"Where the Coffee is strong, and the Company has the Sparc"



 







Jane Lambert


On Wednesday, Pryderi ap Rhisiart, the managing director of M-SParc (the Menai Science Park) posted the following message to Linkedin:
"Gwerth Cymuned // Value of Community
Braf cael brecwast gyda’n tenantiaid am y tro cyntaf ers dros flwyddyn a diolch iddynt am gefnogi a chreu cymuned yn M-SParc. Rhaid dweud mod i wedi colli hyn yn fawr, er bod y cyfnod wedi bod yn brysur ac yn arbennig o dda o ran arloesedd bu i mi gollo’r ymdeimlad o gymuned yn ystod y cyfnod clo. Dyma ofod pwysicaf y Parc, ble mae’r coffi’n gry a’r cwmni’n dda. Dwi’n edrych ymlaen i’ch gweld chi yma!

Great to have breakfast with our tenants for the first time in over a year and huge thanks to them for supporting and creating a community at M-SParc. I must admit that l’ve missed it, although lockdown has been incredibly busy and particularly good in terms of innovation, I lost the sense of community during the period. This is the most important space in the Park, where the coffee is strong, and the company has the sparc. I'm looking forward to seeing you here!"
The headline "Value of Community" resonated with me because I had visited Nant Gwrtheyrn earlier that day.  It is now the home of the National Welsh Language and Heritage Centre but it was once a port for the export of granite "setts" or slabs.  There had been strong demand for granite throughout the 19th century as it had been used for cobblestones.  Several hundred workers had been employed in the extraction, dressing, loading and transportation of the mineral. Most of those workers will have married and brought up children in Nant Gwrtheyrn,  There was a school for those children and a chapel for Sunday worship and the big milestones of life such as baptisms, weddings and funerals.  

The community at Nant Gwrtheyrn declined in the first half of the 20th century.  The last visit by a minister to the chapel took place in 1914.  The school closed in 1948.  The last family left the port in 1949.  The reason for the decline is that the world's highway authorities stopped using cobbles in road surfacing.   There are still a few cobbled streets and lanes here in West Yorkshire.  It is very uncomfortable to drive over them and I worry about my suspension whenever I do.  The growth of motor traffic inversely diminished demand for granite setts  Much the same happened to slate extraction as ceramic tiles and other materials began to be used for roofing.  In the South of Wales as in my part of England, steel making and coal mining also began to decline.

Wales contains areas of outstanding natural beauty which has attracted visitors from every part of the world. That has brought employment and facilities such as swanky restaurants, specialist retailers and tourist attractions that local residents can enjoy as well as tourists.  But they have come at a price.  Last week I stayed at Criccieth which I have visited more or less every year of my life since 1951. Outwardly the town has changed very little over the last 70 years but the big change is in the talk on the streets and in the shops and cafés. Welsh was everywhere when I was a child and teenager.  Now I have had to look for it in order to practise conversations in that language.  Sure, every street has a Welsh name and every kid in Wales has to learn at least some Welsh even in English speaking schools.  But when you hear them talk to each other their conversation is almost always in English.

Now I find that very sad and before someone protests that I am as English as John Bull and this blog is sentimental twaddle let me explain why.  First, tourism leads to depopulation because falling prices encourage outsiders to buy dwellings that locals can no longer afford.  These properties are unoccupied for much of the year.   Even if the new owners move to Wales they bring their language with them. This is not confined to Wales.  The same trends are to be found in the Peak District, Dales and Moors of Yorkshire.  It is also happening in the Spanish Costas, Bali and the Caribbean.

If Welsh ceased to be used in everyday business the loss would not be confined to Wales.   The North of England and Southern Scotland are sometimes referred to as the Hen Ogledd.   Welsh or a language very closely related to it was spoken there for many hundreds of years. There are still reminders in place names such as Pen-y-Ghent for one of the highest points in the Pennines and shepherds' counting systems.   Modern Welsh links to that time.

So on seeing Mr ap Rhisiart's post, I congratulated M-SParc and its tenants on their resilience during lockdown and their emergence.  He responded by thanking me for my congratulations and commending my contribution to building an ecosystem for the M-SParc community.  That's certainly my hope and my intention.  The laws that protect investment in innovation and creativity are complex.   Inventors and entrepreneurs need specialist professional advice and representation when protecting their brands, designs, innovations and creativity, raising funds for research and development and licensing their products and services.   Events like our webinars on World IP Day introduce M-SParc's tenants to such expertise.

M-SParc is an initiative of Bangor University.  The University was partially funded by small donations from working people across North Wales.    On the day that the University (then known as the University College for North Wales) opened in 1884, there was a procession of about 3,000 quarry workers who  had donated £1,200 to its formation (see "Early Years" in the Wikipedia entry on the University).  There is, therefore, a direct link between M-SParc and the mining and quarrying and other communities of which everyone connected with it should be very proud

Anyone wishing to discuss this article (though please not today as I am still in Wales) can call me on 020 7404 5252 or send me a message through my contact form. 

Monday, 17 May 2021

Supporting Innovation and Creativity in North Wales

Jane Lambert

 








I have just started a new LinkedIn group called "ERGC/NWIP". "EDGC" is short for "Eiddo Deallusol Gogledd Cymru" which means "North Wales Intellectual Property".  I shall not insult readers' intelligence by telling them what the letters "NWIP" stand for. This new LinkedIn group is intended to be a forum and resource for everyone who is interested in innovation and creativity in North Wales in any capacity.  

Both the name of the group and its logo are provisional.  I am no graphic designer or branding expert. If anybody has a better idea for a name or logo I am open to suggestions.  I took the photo of the countryside near Caernarfon from the castle battlements under a lowering sky on a typical August day.  

The idea of a LinkedIn group is not mine but Sean Thomas's.  Sean is a patent attorney and inventor who was born and brought up on Anglesey and holds a degree from Bangor University.   He suggested the group at a seminar at the Menai Science Park which I chaired on 20 Sept 2019 (see Building an Enterprise Ecosystem on Anglesey 25 Sept 2019).

I was prompted to set up this group by an enquiry about trade marks from a company that already knew a lot about intellectual property,  It had previously instructed a patent attorney who used to practise in North Wales but has now retired to Scotland.  I also saw a report in the North Wales Chronicle about an project that combines artificial intelligence with drone technology that reminded me of the Welsh aviation pioneer William Frost who filed his own patent for a flying machine that he had invented in 1894 (see In William Frost's Footsteps 15 May 2021 LinkedIn and Patent Design and Trade Mark Filings in Wales  28 Nov 2019).  

The thought that crossed my mind was whether Frost would be able to access specialist IP advice if he were alive now.   He lived at Saundersfoot which is over 90 miles from Cardiff and Newport where most of the expertise in Wales on IP is concentrated.  Not a lot has changed in that regard since 1894.   

A LinkedIn group could help.  It is a great place for making contact with folk with skills and connections that you need. It is also a great place for gathering resources.  Every time I publish an article, deliver a presentation or even see an article that could be of value to knowledge-based businesses in North Wales I shall mention it to the group and encourage others to do the same.  At present most of those articles will be in English because I started learning Welsh from an online course only last summer.  I shall try to contribute in Welsh as well as English as I master that language. 

Anyone seeking more information about the group can visit it at https://www.linkedin.com/groups/9060289/, I shall gladly answer enquiries through LinkedIn or by phone on 020 7404 5252 during normal office hours.

Tuesday, 11 May 2021

Gogledd Creadigol

Caernarfon from the Castle Battlements
© 2018 Jane Lambert: all rights reserved 

 














Jane Lambert

Last month I was privileged to take part in a short webinar organized by Gogledd Creadigol (Creative North Wales) on Copyright Licensing and ICT.  Gogledd Creadigol describes itself as a voice for the digital creative industries of North Wales at the centre of "the creative corridor from Dublin, through north Wales to the Northern Powerhouse region."

The strength and diversity of the creative sector are recorded in the 2018 North Wales Creative Audit.  The region's assets include the University of Bangor with its Applied Design Centre. Wrexham Glyndwr University with its Creative Arts Research Centre, the Pontio Arts and Innovation Centre with its FabLab and Bryn Terfel Theatre and the Menai Science Park which hosts Ffiws and works closely with Gogledd Creadigol.  According to Gogledd Creadigol's home page, there are over 1,100 businesses in the sector in North Wales which has helped to create 10,800 jobs paying an average of £711 each week.

Gogledd Creadigol works with Bangor and Wrexham Glyndwr Universities, the North Wales Economic Ambition Board and North Wales Business Council, the BBC and S4C, CREAD, RONDO and many other arts and business institutions.   In addition to my contribution, it has held several very successful event including Powering Up the Games Sector which I attended and thoroughly enjoyed.  Details of those events appear in the News section.

My contact at Gogledd Creadigol is Sofie Roberts of the Menai Science Park who can be contacted through its website and Linkedin.  Anyone wishing to discuss this article or the creative industries generally may call me on 020 7404 5252 or send me a message through my contact page.

Sunday, 25 April 2021

Menai Science Park's Contribution to World IP Day 2021

Author  Jonathan Calugi  © 2021 WIPO, all rights reserved Licensed courtesy WIPO



 Jane Lambert

For the last 2 years, the Menai Science Park has hosted Wales's main contribution to World Intellectual Property Day (see World IP Day 2021: "IP & SMEs: Taking your ideas to market" 21 Jan 2021). Emily Roberts and I have been discussing this year's contribution since Autumn and we hope it will be the best ever.

Each year, World IP Day has a different theme.  The theme for 2021 is IP & SMEs: Taking your ideas to market. It could not be more appropriate for the Menai Science Park because that is what it does all through the year.  Making full use of the park's expertise and that of its tenants, Emily had invited a panel of world-class experts to discuss this year's theme in an online webinar starting at 12:10 and ending at 13:50 tomorrow.

The speakers will be 


Time

Speaker

Topic

12:10- 12:15

Jane Lambert
Barrister

4-5 Gray’s Inn Square

Introduction and Welcome - Cyflwyniad a Chroeso


12:15- 12:30

Andrew Davies Intellectual Property Office

IP and Funding for Growth

12:30 -12:45

David Wooldridge
Welsh Government Innovation Team

Welsh Government Assistance for Startups and SME

12:45-13:00

Alison Orr
Inngot

Valuing startups; intellectual assets

13:00 -13:15

Mark McGowan
BIC Innovation

Arranging funding for startups

13:15- 13:30

Andrea Knox
Knox Commercial Solicitors

Due Diligence and shareholders agreements`

13:30 -13:45

Steve Livingston
IP Tax Solutions

Tax incentives for startups and SMR

13:45 -13:50

Jane Lambert

Thanks and Closing Remarks - 


If you would like to attend this event, please register here.

If this webinar is successful we hope to hold subsequent ones on scaling up the business covering angel and private equity investment and Stock Exchange flotation later in the year possibly in cooperation with a Wales law and innovation network on the lines of the Scottish Law and Innovation Network (see Does Wales need a Law and Innovation Network? 14 April 2021),

Anyone wishing to discuss this article or any of the topics arising from it may call me on +44 (0)20 7404 5252 or send me a message through my contact page.