Direct Access Barrister
Jane Lambert
Direct Access Barrister
Jane Lambert
Intellectual property is the collective term for the bundle of rights that protect investment in branding, creativity, designs and technology.
They include monopolies of new inventions known as “patents”, rights to prevent copying of works of art or literature known as “copyrights”, the exclusive right to prevent others from using a name or logo that is the same as or similar to one that has been registered as a “trade mark” in respect of the same or similar goods or services and the right to prevent unauthorized use or disclosure of trade secrets that have been divulged in confidence.
Typical questions include “Can a patent be obtained for this invention?”, “Does the use of this sign in relation to those goods infringe the rights granted by the registration of that trade mark?” and “Do the similarities between this work and an earlier one indicate that the earlier work has been copied?”
Information technology law relates to the rights and obligations arising from the acquisition and use of computers and communications equipment. They cover such matters as the use of artificial intelligence and big data, software development and maintenance contracts, source code escrow, telecommunications regulation, data protection and domain name disputes.
Area of Law
Information Technology and Telecommunications
I also have more than 40 years of experience in information and communications technology law. Again, I learnt the basics as an in-house legal advisor to an international payments system through drafting and reviewing contracts for the acquisition of hardware and the development and maintenance of software and advising on different countries' data protection laws. In private practice, I developed a good knowledge of source code escrow by working with a major escrow agent in Manchester. I have been a member of the WIPO domain name dispute resolution panel for nearly 20 years.
Intellectual Property
I have over 40 years of experience in IP law. I learnt the basics as an in-house legal advisor to an international payments system and built on that foundation in private practice. I have appeared in several reported cases on patents, copyrights, trade marks and other areas of IP. I have written and contributed to several books and articles on IP and technology law. I have lectured on patents and IP enforcement at the Cambridge IP Law Summer School since 2017.
What sort of work do I do?
Examples of work that I do without a solicitor or patent attorney under the public access scheme include:
- Advice on the optimum IP protection for a business, product or service in a given set of circumstances;
- Helping business owners conduct regular IP audits;
- Devising IP strategies that implement their business plans;
- Representation before Intellectual Property Office hearing officers in disputes with examiners over patentability of inventions or with third parties over ownership of parents, the registration of trade marks or designs and similar matters;
- Drafting submissions to examiners in requests for IPO opinions;
- Drafting and/or reviewing software development and maintenance contracts, source code escrow instruments, terms and conditions of business, privacy statements, franchise, end user licences, non-disclosure and other business agreements;
- Representation in infringement and other proceedings before the Small Claims Track of the Intellectual Property Enterprise Court;
- Representation in UDRP, Nominet and other domain name dispute resolution proceedings.
Should a matter require a solicitor, patent or trade mark attorney or other intermediary I will help the client to find and instruct such intermediary.
Who do I work for?
Typical direct-access clients include:
- Founders of new businesses
- Angel and private equity investors
- Lenders
- Business owners
- Inventors
- Product designers
- Craftsmen and women
- Artists, authors, choreographers, composers, dramatists, journalists, photographers and
- Actors, dancers, musicians, singers and other performers