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25 June 2012 – Intellectual Property consultancy Novagraaf UK has further expanded its growing patent team with the hire of IP specialist Dr Oliver Harris. Dr Harris will be providing patent services to businesses in South East England, from Novagraaf’s Norwich office.

Dr Harris is a qualified UK and European Patent Attorney with extensive experience of patent drafting and prosecuting patent applications on a worldwide basis. He handles a range of subject matter, but specialises in the Life Sciences, particularly pharmaceuticals and biotechnology (including molecular biology, genomics, microbiology, plant science, agrochemicals and immunology). Dr Harris obtained a Masters Degree in Biochemistry from the University of Oxford and a PhD in Cell Biology at UCL/Cancer Research UK under the supervision of Nobel Laureate, Sir Paul Nurse. Following a year in the medical research analysis and brand monitoring sectors, he trained as a patent attorney at a London-based IP firm, working in its biotech team before relocating to his hometown of Norwich. In his career to date, Dr Harris has worked for clients ranging from individual inventors through to multinational pharmaceutical companies, including universities and public sector research and healthcare institutions. At Novagraaf, Dr Harris will be advising clients in the Life Sciences industry with a particular focus on start-ups, technology transfer offices and spin-out ventures.

Dr Harris said: “Eastern England and the Home Counties have a vibrant Life Sciences sector with many new start-up companies joining established businesses at the growing number of science parks in the region. Patents play a crucial role in this sector, but with budgets often tight, many small- and medium-sized companies need expert assistance if they are to capture their valuable IP rights. I’m looking forward to working with Novagraaf’s established Life Sciences patent team to help these businesses recognise, protect and exploit their assets.” Dr Tracey Cooke, Managing Director, Patents at Novagraaf UK, added: “Dr Harris’s appointment will further strengthen the Life Sciences expertise of Novagraaf’s patent team, enabling us to meet the needs of the growing pharmaceutical and biotech sector in Eastern England.

“The region’s science parks are an incredibly vibrant concentration of world leading scientific and research organisations,” added Dr Cooke, “These organisations need an equally vibrant, pro-active and expert IP partner, if they are to obtain the maximum protection and value for their important scientific advancements. By continuing to strengthen and grow our patent team, we are able to ensure the right expertise to meet their needs.”

About Novagraaf Novagraaf is an international patent and trademark consultancy that advises clients on Intellectual Property (IP) strategy and management. Our expertise and day-to-day work includes advising on new ideas or new discoveries and inventions, and on strong brands, new brands or innovative new products. Whether trademarks, patents, domain names or designs, Novagraaf specialises in the protection and global management of IP rights, including identifying abuse and acting decisively if and when infringements take place.

With over 400 IP professionals across 13 offices, Novagraaf provides all kinds of core IP services and consults on strategic issues every day. From our offices in Belgium, France, the Netherlands, Switzerland and the UK, among others, we work for innovative start-ups, for organisations operating at a regional or national level, and for multinationals with a global portfolio of strong brands and innovative inventions. For more information, visit our website www.novagraaf.co.uk.

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For further information To arrange an interview, or to request images or any other information, please contact: Emma Wilson Novagraaf UK T: +44 (0)20 7469 0957 E: [email protected]

The May 2012 survey was emailed to the over 500 contacts. The response rate for the survey was five percent.

Summary of results There was a broad cross-section of industry sectors who responded to the survey including engineering, retail and marine services.

In the past six months, half of the respondents have experienced an increase in orders, compared to 23 percent that had seen a reduction in the number of orders received. Forty-six percent of respondents saw an increase in their costs, compared to nine percent who saw a reduction. Nine percent of respondents experienced an increase in that staff numbers compared to 18 percent who saw a reduction in staff levels.

Over the next year, 43 percent of respondents are planning investments with just under a thirty percent are expecting to increase staff levels. However, 43 percent are delaying their investment plans, which is due to insufficient demand (63 percent) and a lack of available finance (31 percent).

Forty seven percent of respondents would like general business advice events, whilst 21 percent of respondents said that they would like general business training, skills development and customer retention advice.

Attached is a full graphical summary of responses

Three members of the firm’s Franchising Team (Jonathan Chadd, Ed Savory and Vicki Mitman) recently attended the British Franchise Association’s (BFA) Annual Conference in Telford.

The Conference comprised as follows:

•keynote speech from the UK Trade & Industry on the services which are available to UK businesses looking to expand into foreign jurisdictions

•update from the BFA on it’s the progress of “One Vision” with the introduction of franchisee membership so that the BFA will become truly representative of the entire franchising industry in the UK

•retirement of Sir Bernard Ingham as President of the BFA

•keynote speech from Sarah Walker (freelance writer journalist) on engaging with the media

There were also three sets of concurrent seminars lead by BFA franchisors and professional adviser members (known as Affiliates) on the following topics:

•Session 1: Advanced Franchising – Exit planning for franchisors; Franchising Essentials – Building the right support structure; Legal & Ethics – Making sure your agreements are up to date; and Sales & Marketing – The dangers & pitfalls of social media

•Session 2: Advanced Franchising – How to use successful profiling in franchise recruitment; Franchising Essentials – Avoiding franchisee first year failures; Legal & Ethics – Managing franchisee disputes; and Sales & Marketing – Local franchisee marketing

•Session 3: Advanced Franchising – Managing franchisees out of the comfort zone; Franchising Essentials – Ongoing training and levels of support; Legal & Ethics – Advising on the Ethics of Franchising; and Sales & Marketing – Online marketing

The highlight was undoubtedly on the evening of Thursday 21 June which saw a glittering awards ceremony for the 2012 bfa HSBC Franchisor of the Year Awards, supported by Express Newspapers. The winners were as follows:

bfa HSBC Franchisor of the Year Award

•Gold – Autosmart

•Silver – Home Instead Senior Care

•Bronze – Driver Hire

•Other finalists – McDonalds and Tax Assist Accountants

HSBC Franchisee Support Award

•Winner – Auditel

•Other finalists – Countrywide Signs; Jaspers; Maid2Clean and O2

Express Newspapers Brand Builder Award

•Winner – Cafe2U •Other finalists – Mac Tools; Envirovent and Wiltshire Farm Foods

Leathes Prior was proud to support clients nominated for awards and sends its warmest congratulations to all of this year’s finalists. To find out more about the 2012 awards winners click on: www.thebfa.org/news/bfa-news/uks-top-franchisors-revealed

Mark Greenwood of East Anglian marketing agency Greenwood&Bell is one of the people behinda new charity cycle ride,the Double Nelson. Itstarts at Nelson’s Column in Trafalgar Square and finishes at Nelson’s Monument in Great Yarmouth. Along with a team of ten, Mark will pedal off after dawnon Saturday 2nd July 2016 aiming to cycle the entire 140 miles in one day. The ride is in aid of the Jubilee Sailing Trust’s STS ‘Lord Nelson’.

The Jubilee Sailing Trust own and operate the Lord Nelson and Tenacious, the only two tall ships in the world designed and built to enable people of all physical abilities to sail side-by-side as equals, resulting in experiences that really do change people’s lives.

Mark Greenwood said “A few months ago, doing the Double Nelson in one day seemed like a good idea. Now the day is getting close, the challenge looks a lot tougher! But Greenwood&Bell clients andfriendshave been really generous towards the JTS, so we will just get out there and do it!”

If anyone is able to make a donation to this amazing charity, the team would be incredibly grateful, and any support will undoubtably give themthe extra boost needed on the day when Great Yarmouth seems impossibly far away.

Chamber members can help the Jubilee Sailing Trust and STS Lord Nelson by sponsoring the DoubleNelson here

Steeles Law’s Head of Employment, Oliver Brabbins, considers the implications of a recent Court of Appeal decision in which an employee who set up a business competing with his employer was held not to be in breach of his contract of employment.

In this case, the employee (R) had been recruited straight from university as an applications consultant by a specialist IT consultancy firm, Customer Systems plc (CS). During the period of his employment, from 2001 to 2009, R was promoted a number of times and in his final year of employment he was responsible directly or indirectly for 59 per cent of the group’s total revenue. Crucially to the case, however, R’s contract of employment remained unchanged during the period of his employment. The original contract he entered into in 2001 contained a confidentiality provision, but no post-termination covenants to restrict his activities after his employment ended.

R resigned and left CS in February 2009. Both before and during his notice period, he had made preparations to establish a competing business, including discussing potential work with existing clients of CS.

CS brought a claim against R for breach of his contractual obligations, and breach of his fiduciary duty to the company by failing to report his contact with the clients to CS. A ‘fiduciary duty’ is essentially a duty to act in the company’s best interests and is a duty owed by all directors, but not necessarily employees, of a company. The company’s claim was upheld by the High Court.

R’s appeal to the Court of Appeal has since been successful. The Court did not agree with the judge’s conclusion that there was no material difference between R’s situation and that of a director. The judge had failed to take into account the express terms of R’s contract and had failed to properly consider whether, as an employee of the company, R had any fiduciary duties at all. In the Court’s view, there was nothing to suggest a fiduciary duty applied to R, and there was no express contractual term prohibiting him from contacting clients or setting up in competition.

Comment

This case illustrates very well the danger of failing to ensure that contractual documentation is regularly reviewed and updated to ensure that it accurately reflects the relationship between the parties and provides adequate protection for the employer. A contract of employment for a junior employee will rarely be suitable for an employee who has been promoted to a more senior position and who is likely to pose a much greater risk to the employer’s business when he or she departs.

Confidentiality provisions and post-termination restrictions (“restrictive covenants”) should always be carefully tailored, depending on the nature of the business and the position of the individual employee within that business. When an employee is promoted, proper consideration should be given to the question of whether a new contract of employment is appropriate to reflect the employee’s seniority.

A copy of the Court of Appeal’s judgment is available at: https://www.bailii.org/ew/cases/EWCA/Civ/2012/841.html

A Great Yarmouth businessman has successfully completed one of the toughest and most notorious triathlon events in the world, the annual Escape from Alcatraz.

Pasta Foods managing director Karl Jermyn had to swim a mile and a half across San Francisco Bay from the legendary island prison and then cycle 18 miles and run another eight.

Even though his sponsored effort will raise hundreds of pounds for Great Yarmouth charity Centre 81, 40-year-old Karl admitted that he would have taken up the challenge for nothing.

“I’ve been in triathlons before. I like setting a goal, pushing the boundaries and seeing what you can achieve,” he said.

That attitude is also important to members of Centre, 81 – where he is a trustee – which supports people with physical and other disabilities and helps focus on their abilities rather than disabilities. He was delighted that his achievement helped their 30th anniversary appeal.

The swim from Alcatraz to the shore, something never successfully achieved by a prison inmate in its 29-year history, was the toughest obstacle.

“Once, it was thought to be impossible and the adrenaline kicks in when you plunge into icy waters with strong swirling currents and the potential for sharks,” said Karl. “Not everyone makes it. There are about 100 small craft standing by to help in an emergency.

“At first, it is silent. Then you hear the announcer on the far side encouraging swimmers ashore. Then you hear the cheers of the crowd and see the shore and that spurred me on.

“I had trained hard and always thought I would make it but it was a mixture of relief and joy to get there.”

There was no time to rest; he then had the gruelling cycling stage around the steep, undulating streets of San Francisco, followed by the demanding run, a mile of it on sand.

“Having completed the swim, nothing was going to stop me. Most of the 2,000 competitors are American and as I approached the finishing line it was brilliant to hear the announcer calling my name from Norwich, England.”

Karl clocked 3hr 53m 25s for the event, just under an hour of it on the swim. Afterwards, he received a medal, a recovery drink and, appropriate to his day job, a pasta meal.

Norwich and Diss based law firm Steeles Law has recently recruited a new Marketing Manager and Business Development Executive, signalling a major investment in these areas for the future growth of the Whiting Road based business (which also has established offices in Diss and a city based team in Central London).

Matt Reed joins the team as Business Development Executive, a new position at Steeles Law, bringing with him with 12 years’ direct sales experience in a variety of industries, including IT/software sales, education, advertising and financial services.

Gemma Pendleton is the new Marketing Manager, having previously worked for another Norwich based law firm in a similar role and with extensive prior experience in the voluntary, e-commerce and professional services sectors.

Commenting on the new appointments, Stephen Drake, Managing Principal, said: “Steeles Law has always considered itself as a modern, forward thinking firm. Over 20 years ago, we were the first local law firm to take a place on one of the modern business parks on the outskirts of the city – a move which is now being echoed by many other firms wishing to become more accessible to the modern client. With the appointment of Matt and Gemma, we are again adapting to the changing landscape of the legal profession, following the advent of the Legal Services Act last year, to future proof our business and ensure that we continue to provide the personal, high quality service that our clients have come to expect.”

The new legislation may improve the image of enforcement, but will it achieve the correct balance between the rights of creditors and those of debtors? Steeles Law’s Tom Bailey and Denise Cushine investigate.

Click here to view the article in full (reproduced with the kind permission of the Solicitors Journal): https://www.steeleslaw.co.uk/news-item.aspx?id=7190c072-3505-42b3-9e91-02e0e82d6cb7

Vicki Mitman, a solicitor in the firm’s Franchising team, recently attended the bfa Affiliate and Midlands Regional Forums. The bfa works closely with its members and affiliate members to help advance knowledge and expertise within the franchise industry and acts as the voice of ethical franchising in the UK providing information and advice to businesses looking to expand their current operations through franchising and to people considering joining a franchise. At forums, bfa members and professional advisors share information and ideas along with discussing current market trends and debating certain “hot” topics.

At the forums last week the following issues were discussed:

– How to grow franchising

– What franchisors do to launch a new franchise

– How to motivate franchisees in a mature network

– How franchisors use their networks to help them recruit new franchisees

– Review of the bfa Annual Conference (21/22 June 2012) – including ideas and discussion topics for the next annual conference.

– Update on the bfa/NatWest survey – the survey monitors the performance, attitude and opinions within the franchise industry. The survey revealed that the annual contribution to UK turnover within the franchising industry is now £13.4bn and that there are 929 active franchises. Both the annual turnover and the number of active franchises have increased quite considerably from 2011.

– bfa News and Update – including the launch of franchisee membership and the upcoming roundtable discussions and social evening on 19 July 2012

Leathes Prior is an affiliate member of the bfa and has specialised in franchising for over 30 years.

OpenContact has been awarded the contract to manage telephone bookings and customer service calls for The View from The Shard. The Shard, the iconic, landmark building on the London skyline, designed by Master Architect Renzo Piano will be the tallest building in Western Europe. The View from The Shard is nearly twice as high as any other viewing platform in London and will offer an unparalleled encounter with an incredible building that invites guests to experience the most spectacular views of London past, present and future like never before.

The View from The Shard spans floors 68, 69 and 72 at a height of 800ft or 244m. The visit provides guests with a multi-sensory experience and exhilarating 360° views for 40 miles across London. Opening on 1st February 2013, tickets for The View from The Shard are available by pre-booking and are now on sale online at www.theviewfromtheshard.com. Norfolk based OpenContact beat national competition to be the partner that will help to deliver the customer experience required by The View from The Shard as a premium visitor attraction to local, national and international audiences.

OpenContact will be reporting to The View from The Shard’s management team including Anders Nyberg, Chief Executive and Sandy Clark, Operations Director.

OpenContact’s Head of Client Services, Steve Gregory said: “The Shard is an international icon and work of art. The View from the Shard will enable visitors to unlock London’s culture, architecture and history and we are thrilled to be involved in one of the most significant international launches of 2013.”

Anders Nyberg, Chief Executive Officer, Shard Viewing Gallery Management Group said: ‘We are delighted to have OpenContact on board to help us provide the highest level of customer experience for The View from The Shard. OpenContact’s expertise in managing customer services for visitor attractions will help us to ensure that our guests have the best possible experience, even before they arrive.’

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Press contacts:

OpenContact Steve Gregory: 01603 895406 / [email protected] Susanna Yellop: 01603 895426 / [email protected] Fiona Temple: 01603 895405 / [email protected] Website: https://www.opencontact.co.uk

The View from The Shard Ruth Howlett: 020 3102 3973 / [email protected]

About OpenContact: Established over 11 years ago in Norwich, OpenContact is an outsourced customer contact centre designed to manage customer encounters on behalf of our clients and deliver the customer experience they need. Still family owned and operated, Fiona Temple and her team always create a bespoke service to match every client’s specific requirements and deliver to them consistently.

OpenContact’s work includes: GoApe, UK General Insurance, Mattressman, Harrod Horticultural, National Trust, Booking.com and Christian Aid

About The View from The Shard A premium visitor experience, The View from The Shard offers guests an unparalleled encounter with an incredible building and the creativity, history and culture of London.

The View from the Shard is the highest viewing point from any building in Western Europe, nearly twice as high as any other view in London.

Guests will reach The View from The Shard through a two-stage, state of the art lift experience with music and light effects, which build anticipation, excitement and exhilaration. Guests will arrive at level 68 before ascending to The View on level 69, a triple-height, light-filled main level where the view is revealed and London past, present and future is laid before you like you’ve never seen it before.

On level 72, guests have the opportunity to experience the elements with part of the building exposed through the fractures where the shards of glass come together and the opportunity to gaze at the giant glass shards disappearing into the sky.

Guests exit via a small boutique on level 68 prior to descending in the lifts back through reception where they will have an opportunity to browse the main boutique as well as purchase a souvenir photograph.

The View will be open from 9.00am to 10.00pm to enable guests to enjoy the experience by day and night.

Advance adult tickets for The View from The Shard are £24.95 and available by pre-booking, a system that ensures an unpressured, premium quality experience with no waiting and no queues.

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