Visiting the Senedd Cymru

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

 

Jane Lambert

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 one of the most beautiful major cities in 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.

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.