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Robin Jacob

Sir Robert Raphael Hayim Jacob, PC (born 26 April 1941), known as Robin Jacob, is a former judge in the Court of Appeal of England and Wales.[2]

Robin Jacob
Lord Justice of Appeal
In office
1993–2011
Sir Hugh Laddie Chair
Assumed office
2011
Preceded byHugh Laddie
Personal details
Born
Robert Raphael Hayim Jacob

(1941-04-26) 26 April 1941 (age 83)[1]
OccupationJurist
Websitewww.ucl.ac.uk/laws/people/sir-robin-jacob

Personal life edit

Jacob's father was Sir Jack Jacob, a Senior Master of the High Court who is well-known for editing the White Book on civil procedure in the UK.[3]

Education and professional career edit

He read Natural Sciences (physics) at Trinity College, Cambridge (1960-1963) and law at the London School of Economics (1963-1967). He was called to the bar by Gray's Inn in 1965 (Treasurer 2007). From 1976 to 1981, he was the Junior Counsel for the Comptroller of Patents and for Government departments in intellectual property.[4] He took silk in 1981. In 1993, he was appointed a High Court judge (a designated Patent Judge) and to the Court of Appeal in 2003.[5]

His primary area of expertise is intellectual property rights. He was admitted to the IP Hall of Fame in 2006.[6] He was awarded the Outstanding Achievement in IP award by MIP in 2012.[7] The position he held before includes member of the Scientific and Advisory Board of the European Patent Office and the European Commission’s Expert Group on the development and implications of patent law in the field of biotechnology and genetic engineering.[8] He is the President of the Intellectual Property Judges’ Association (the association of European IP, particularly patent, judges) and the Chairman of the Advisory Board concerning appointment and training of Judges to the Preparatory Committee for the Unified Patent Court (and also a member of the Committee’s Expert Panel).[9]

He retired from the Court of Appeal in March 2011 (acknowledged in a valedictory address[10] before a court-room packed with well-wishers) to take up his current position as the Sir Hugh Laddie Chair in Intellectual Property Law at the Institute of Brand and Innovation Law (IBIL), University College London.[11] However, in accordance with section 9 of the Senior Courts Act 1981, he has continued on occasion since that date to sit as a judge in the High Court and the Court of Appeal until April 2015. Jacob is currently a door tenant at 8 New Square Chambers.[12]

In 2018, Jacob took up the post of a Justice at the Astana International Financial Centre in the capital of Kazakhstan.[13]

Selected cases in which Jacob appeared as counsel edit

  • Interlego AG v Tyco Industries (Hong Kong) [1988] UKPC 3 - in which he successfully argued that designs for Lego's bricks were not protected by copyright
  • Smith Kline & French Laboratories v Evans Medical [1989] 1 FSR 561 - in which it was held that private acts can infringe upon a patent if they are done for commercial purposes
  • Lux Traffic Controls v Pike Signals [1993] RPC 107 - it was held that a prototype tested publicly such that an observer would be able be to figure out how it worked would be disclosed, and thus constitute prior art

Judgments edit

High Court edit

  • Henry Brothers (Magherafelt) Ltd v Ministry of Defence [1997] RPC 693 - concerning a patent for a prefabricated blast-proof building designed for use in Northern Ireland during the Troubles
  • Mars UK v Teknowledge [1999] EWHC 226 (Pat) - where he held that the mere fact of encryption will not make information confidential for the purposes of the action for breach of confidence

Court of Appeal edit

  • Walton v Independent Living Organisation [2003] EWCA Civ 199, [2003] ICR 688, [2003] IRLR 469 - UK labour law, regarding the National Minimum Wage Act 1998
  • Reed Executive Plc & Anor v Reed Business Information Ltd & Ors [2004] EWCA Civ 159 - UK trademark law, on the test of confusion
  • Hyperion Records v Dr Lionel Sawkins [2005] EWCA Civ 565 - concerning copyright in unfinished works by Lalande that had been completed by the claimant
  • IDA v University of Southampton [2006] EWCA Civ 145 - concerning a patent for a cockroach trap
  • Pozzoli SPA v BDMO SA and others [2007] FSR 37 - he set out the prevailing test for inventive step, reformulating the test set out by Oliver LJ in the Windsurfing case
  • Aerotel Ltd v Telco Holdings Ltd [2007] RPC 7 - UK patent law, regarding the excluded subject-matter (software) in the UK patent law
  • European Central Bank v Document Security Systems [2007] EWCA Civ 192 - notable for the graphical illustration of the importance of consistency in interpreting patent claims in relation to validity and infringement:

    ... Professor Mario Franzosi likens a patentee to an Angora cat. When validity is challenged, the patentee says his patent is very small: the cat with its fur smoothed down, cuddly and sleepy. But when the patentee goes on the attack, the fur bristles, the cat is twice the size with teeth bared and eyes ablaze.

  • Procter & Gamble Co v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936 - UK design law

Publications edit

  • A Guidebook to Intellectual Property: Patents, Trade Marks, Copyright and Designs (6th edn, 2013)
  • "Is IP out of control?" (2020) 15(2) Journal of Intellectual Property Law and Practice 98

References edit

  1. ^ W. Rubinstein; Michael A. Jolles (27 January 2011). The Palgrave Dictionary of Anglo-Jewish History. Palgrave Macmillan UK. p. 464. ISBN 978-0-230-30466-6.
  2. ^ Judiciary of England and Wales, [1], 4 May 2011, not yet updated to reflect his retirement.
  3. ^ Glasser, Cyril (1 January 2001). "Obituaries: Sir Jack Jacob". The Guardian. Retrieved 26 April 2021.
  4. ^ "International Comparative Legal Guides". International Comparative Legal Guides International Business Reports. Retrieved 16 June 2020.
  5. ^ . Archived from the original on 25 May 2014. Retrieved 24 May 2014.
  6. ^ "Robin Jacob – iphalloffame".
  7. ^ "2012". Managing IP Awards 2020. Retrieved 16 June 2020.
  8. ^ "International Comparative Legal Guides". International Comparative Legal Guides International Business Reports. Retrieved 16 June 2020.
  9. ^ "International Comparative Legal Guides". International Comparative Legal Guides International Business Reports. Retrieved 16 June 2020.
  10. ^ (PDF). Archived from the original (PDF) on 25 July 2011. Retrieved 4 May 2011.{{cite web}}: CS1 maint: archived copy as title (link)
  11. ^ . Archived from the original on 12 October 2016. Retrieved 14 August 2023.
  12. ^ . Archived from the original on 19 July 2012. Retrieved 20 July 2012.
  13. ^ "UK royal judge to head AIFC". Kazinform. 7 February 2018.

robin, jacob, confused, with, robert, raphael, hayim, jacob, born, april, 1941, known, former, judge, court, appeal, england, wales, right, honourable, sirpclord, justice, appealin, office, 1993, 2011sir, hugh, laddie, chairincumbentassumed, office, 2011preced. Not to be confused with Robin Jacobs Sir Robert Raphael Hayim Jacob PC born 26 April 1941 known as Robin Jacob is a former judge in the Court of Appeal of England and Wales 2 The Right Honourable SirRobin JacobPCLord Justice of AppealIn office 1993 2011Sir Hugh Laddie ChairIncumbentAssumed office 2011Preceded byHugh LaddiePersonal detailsBornRobert Raphael Hayim Jacob 1941 04 26 26 April 1941 age 83 1 OccupationJuristWebsitewww wbr ucl wbr ac wbr uk wbr laws wbr people wbr sir robin jacob Contents 1 Personal life 2 Education and professional career 3 Selected cases in which Jacob appeared as counsel 4 Judgments 4 1 High Court 4 2 Court of Appeal 5 Publications 6 ReferencesPersonal life editJacob s father was Sir Jack Jacob a Senior Master of the High Court who is well known for editing the White Book on civil procedure in the UK 3 Education and professional career editHe read Natural Sciences physics at Trinity College Cambridge 1960 1963 and law at the London School of Economics 1963 1967 He was called to the bar by Gray s Inn in 1965 Treasurer 2007 From 1976 to 1981 he was the Junior Counsel for the Comptroller of Patents and for Government departments in intellectual property 4 He took silk in 1981 In 1993 he was appointed a High Court judge a designated Patent Judge and to the Court of Appeal in 2003 5 His primary area of expertise is intellectual property rights He was admitted to the IP Hall of Fame in 2006 6 He was awarded the Outstanding Achievement in IP award by MIP in 2012 7 The position he held before includes member of the Scientific and Advisory Board of the European Patent Office and the European Commission s Expert Group on the development and implications of patent law in the field of biotechnology and genetic engineering 8 He is the President of the Intellectual Property Judges Association the association of European IP particularly patent judges and the Chairman of the Advisory Board concerning appointment and training of Judges to the Preparatory Committee for the Unified Patent Court and also a member of the Committee s Expert Panel 9 He retired from the Court of Appeal in March 2011 acknowledged in a valedictory address 10 before a court room packed with well wishers to take up his current position as the Sir Hugh Laddie Chair in Intellectual Property Law at the Institute of Brand and Innovation Law IBIL University College London 11 However in accordance with section 9 of the Senior Courts Act 1981 he has continued on occasion since that date to sit as a judge in the High Court and the Court of Appeal until April 2015 Jacob is currently a door tenant at 8 New Square Chambers 12 In 2018 Jacob took up the post of a Justice at the Astana International Financial Centre in the capital of Kazakhstan 13 Selected cases in which Jacob appeared as counsel editInterlego AG v Tyco Industries Hong Kong 1988 UKPC 3 in which he successfully argued that designs for Lego s bricks were not protected by copyright Smith Kline amp French Laboratories v Evans Medical 1989 1 FSR 561 in which it was held that private acts can infringe upon a patent if they are done for commercial purposes Lux Traffic Controls v Pike Signals 1993 RPC 107 it was held that a prototype tested publicly such that an observer would be able be to figure out how it worked would be disclosed and thus constitute prior artJudgments editHigh Court edit Henry Brothers Magherafelt Ltd v Ministry of Defence 1997 RPC 693 concerning a patent for a prefabricated blast proof building designed for use in Northern Ireland during the Troubles Mars UK v Teknowledge 1999 EWHC 226 Pat where he held that the mere fact of encryption will not make information confidential for the purposes of the action for breach of confidence Court of Appeal edit Walton v Independent Living Organisation 2003 EWCA Civ 199 2003 ICR 688 2003 IRLR 469 UK labour law regarding the National Minimum Wage Act 1998 Reed Executive Plc amp Anor v Reed Business Information Ltd amp Ors 2004 EWCA Civ 159 UK trademark law on the test of confusion Hyperion Records v Dr Lionel Sawkins 2005 EWCA Civ 565 concerning copyright in unfinished works by Lalande that had been completed by the claimant IDA v University of Southampton 2006 EWCA Civ 145 concerning a patent for a cockroach trap Pozzoli SPA v BDMO SA and others 2007 FSR 37 he set out the prevailing test for inventive step reformulating the test set out by Oliver LJ in the Windsurfing case Aerotel Ltd v Telco Holdings Ltd 2007 RPC 7 UK patent law regarding the excluded subject matter software in the UK patent law European Central Bank v Document Security Systems 2007 EWCA Civ 192 notable for the graphical illustration of the importance of consistency in interpreting patent claims in relation to validity and infringement Professor Mario Franzosi likens a patentee to an Angora cat When validity is challenged the patentee says his patent is very small the cat with its fur smoothed down cuddly and sleepy But when the patentee goes on the attack the fur bristles the cat is twice the size with teeth bared and eyes ablaze Procter amp Gamble Co v Reckitt Benckiser UK Ltd 2007 EWCA Civ 936 UK design lawPublications editA Guidebook to Intellectual Property Patents Trade Marks Copyright and Designs 6th edn 2013 Is IP out of control 2020 15 2 Journal of Intellectual Property Law and Practice 98References edit W Rubinstein Michael A Jolles 27 January 2011 The Palgrave Dictionary of Anglo Jewish History Palgrave Macmillan UK p 464 ISBN 978 0 230 30466 6 Judiciary of England and Wales 1 4 May 2011 not yet updated to reflect his retirement Glasser Cyril 1 January 2001 Obituaries Sir Jack Jacob The Guardian Retrieved 26 April 2021 International Comparative Legal Guides International Comparative Legal Guides International Business Reports Retrieved 16 June 2020 8 New Square Rt Hon Professor Sir Robin Jacob Archived from the original on 25 May 2014 Retrieved 24 May 2014 Robin Jacob iphalloffame 2012 Managing IP Awards 2020 Retrieved 16 June 2020 International Comparative Legal Guides International Comparative Legal Guides International Business Reports Retrieved 16 June 2020 International Comparative Legal Guides International Comparative Legal Guides International Business Reports Retrieved 16 June 2020 Archived copy PDF Archived from the original PDF on 25 July 2011 Retrieved 4 May 2011 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link Institute of Brand and Innovation Law Archived from the original on 12 October 2016 Retrieved 14 August 2023 Members of Chambers Archived from the original on 19 July 2012 Retrieved 20 July 2012 UK royal judge to head AIFC Kazinform 7 February 2018 Retrieved from https en wikipedia org w index php title Robin Jacob amp oldid 1184621790, wikipedia, wiki, book, books, library,

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