Sir Robin Jacob
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Sir Robert Raphael Hayim "Robin" Jacob, PC (born 26 April 1941) is a former
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
in the
Court of Appeal of England and Wales The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wal ...
.


Personal life

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.


Education and professional career

He read Natural Sciences (physics) at
Trinity College, Cambridge Trinity College is a constituent college of the University of Cambridge. Founded in 1546 by Henry VIII, King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any college at either Cambridge ...
(1960-1963) and law at the
London School of Economics , mottoeng = To understand the causes of things , established = , type = Public research university , endowment = £240.8 million (2021) , budget = £391.1 millio ...
(1963-1967). He was called to the bar by
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...
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. He took
silk Silk is a natural protein fiber, some forms of which can be woven into textiles. The protein fiber of silk is composed mainly of fibroin and is produced by certain insect larvae to form cocoons. The best-known silk is obtained from the coc ...
in 1981. In 1993, he was appointed a High Court judge (a designated Patent Judge) and to the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
in 2003. His primary area of expertise is intellectual property rights. He was admitted to the IP Hall of Fame in 2006. He was awarded the Outstanding Achievement in IP award by MIP in 2012. 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. 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). He retired from the Court of Appeal in March 2011 (acknowledged in a valedictory address before a court-room packed with well-wishers) to take up his current position as the
Sir Hugh Laddie Sir Hugh Ian Lang Laddie (15 April 1946 – 28 November 2008) was a judge of the High Court of England and Wales.The Guardian, obituary.Caroline ByrneFormer Judge, London Law Professor Hugh Laddie Dies at 62 Bloomberg L.P., 2 December 2008. Cons ...
Chair in Intellectual Property Law at th
Institute of Brand and Innovation Law (IBIL)
University College London , mottoeng = Let all come who by merit deserve the most reward , established = , type = Public research university , endowment = £143 million (2020) , budget = ...
. However, in accordance wit
section 9
of the
Senior Courts Act 1981 The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom. The Act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as ...
, 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. In 2018, Jacob took up the post of a Justice at the
Astana International Financial Centre The Astana International Financial Centre (AIFC) is a financial hub in Astana, Kazakhstan that officially launched on July 5, 2018. On 20 May 2015, the President of Republic of Kazakhstan Nursultan Nazarbayev announced the “100 Concrete Steps ...
in the capital of Kazakhstan.


Selected cases in which Jacob appeared as counsel

* Interlego AG v Tyco Industries (Hong Kong)
988 Year 988 ( CMLXXXVIII) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Fall – Emperor Basil II, supported by a contingent of 6,000 Varangians ...
UKPC 3 - in which he successfully argued that designs for
Lego Lego ( , ; stylized as LEGO) is a line of plastic construction toys that are manufactured by The Lego Group, a privately held company based in Billund, Denmark. The company's flagship product, Lego, consists of variously colored interlocking ...
's bricks were not protected by copyright * Smith Kline & French Laboratories v Evans Medical
989 Year 989 (Roman numerals, CMLXXXIX) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Basil II uses his contingent of 6,000 Varangians to he ...
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
993 Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...
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


High Court

* Henry Brothers (Magherafelt) Ltd v Ministry of Defence
997 Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Japan * 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...
RPC 693 - concerning a patent for a prefabricated blast-proof building designed for use in Northern Ireland during
the Troubles The Troubles ( ga, Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it is sometimes described as an "i ...
*
Mars UK v Teknowledge
'
999 999 or triple nine most often refers to: * 999 (emergency telephone number), a telephone number for the emergency services in several countries * 999 (number), an integer * AD 999, a year * 999 BC, a year Books * ''999'' (anthology) or ''999: ...
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 The tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are ...


Court of Appeal

*''
Walton v Independent Living Organisation ''Walton v Independent Living Organisation'' 003EWCA Civ 199is a UK labour law case regarding the National Minimum Wage Act 1998. Facts Miss Julie Walton was a care worker, who looked after Miss E Jones, who had epilepsy but was a relatively ea ...
''
003 003, O03, 0O3, OO3 may refer to: *003, fictional British 00 Agent *003, former emergency telephone number for the Norwegian ambulance service (until 1986) *1990 OO3, the asteroid 6131 Towen * OO3 gauge model railway *''O03 (O2)'' and other related ...
EWCA Civ 199,
003 003, O03, 0O3, OO3 may refer to: *003, fictional British 00 Agent *003, former emergency telephone number for the Norwegian ambulance service (until 1986) *1990 OO3, the asteroid 6131 Towen * OO3 gauge model railway *''O03 (O2)'' and other related ...
ICR 688,
003 003, O03, 0O3, OO3 may refer to: *003, fictional British 00 Agent *003, former emergency telephone number for the Norwegian ambulance service (until 1986) *1990 OO3, the asteroid 6131 Towen * OO3 gauge model railway *''O03 (O2)'' and other related ...
IRLR 469 - UK labour law, regarding the
National Minimum Wage Act 1998 The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom.. E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 6(1) From 1 April 2022 this was £9.50 for people age 23 and over, £9.18 for 21- to 22-year-olds, £6. ...
*
Reed Executive Plc & Anor v Reed Business Information Ltd & Ors
'
004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda ...
EWCA Civ 159 - UK trademark law, on the test of confusion *
Hyperion Records v Dr Lionel Sawkins
'
005 ''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...
EWCA Civ 565 - concerning copyright in unfinished works by Lalande that had been completed by the claimant *
IDA v University of Southampton
' 006EWCA Civ 145 - concerning a patent for a cockroach trap *
Pozzoli SPA v BDMO SA and others
'
007 The ''James Bond'' series focuses on a fictional British Secret Service agent created in 1953 by writer Ian Fleming, who featured him in twelve novels and two short-story collections. Since Fleming's death in 1964, eight other authors have ...
FSR 37 - he set out the prevailing test for inventive step, reformulating the test set out by Oliver LJ in the ''
Windsurfing Windsurfing is a wind propelled water sport that is a combination of sailing and surfing. It is also referred to as "sailboarding" and "boardsailing", and emerged in the late 1960s from the aerospace and surf culture of California. Windsurfing ga ...
'' case *''
Aerotel Ltd v Telco Holdings Ltd ''Aerotel v Telco and Macrossan's Application'' is a judgment by the Court of Appeal of England and Wales. The judgment was passed down on 27 October 2006 and relates to two different appeals from decisions of the High Court. The first case invo ...
''
007 The ''James Bond'' series focuses on a fictional British Secret Service agent created in 1953 by writer Ian Fleming, who featured him in twelve novels and two short-story collections. Since Fleming's death in 1964, eight other authors have ...
RPC 7 - UK patent law, regarding the excluded subject-matter (software) in the UK patent law *
European Central Bank v Document Security Systems
'
007 The ''James Bond'' series focuses on a fictional British Secret Service agent created in 1953 by writer Ian Fleming, who featured him in twelve novels and two short-story collections. Since Fleming's death in 1964, eight other authors have ...
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 Angora may refer to: Places *Angora, the historic name of Ankara, the capital city of Turkey *Angora, Philadelphia **Angora (SEPTA station), a commuter rail station *Angora, Minnesota * Angora Township, Minnesota *Angora, Nebraska *Angora Lakes ...
. 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
'
007 The ''James Bond'' series focuses on a fictional British Secret Service agent created in 1953 by writer Ian Fleming, who featured him in twelve novels and two short-story collections. Since Fleming's death in 1964, eight other authors have ...
EWCA Civ 936 - UK design law


Publications


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

{{DEFAULTSORT:Jacob, Robin 1941 births Academics of University College London 20th-century English judges Knights Bachelor Living people Lords Justices of Appeal Members of Gray's Inn Members of the Privy Council of the United Kingdom Alumni of Trinity College, Cambridge Alumni of the London School of Economics Honorary Fellows of the London School of Economics Governors of the London School of Economics 21st-century English judges