Back in June IPcopy noted that there were three questions pending in front of the European Parliament from Marc Tarabella (Member of the European Parliament – see his biography here) that related to the unitary patent system. There was also a fourth question regarding relations between the EPO and the EU from another Member of the EU Parliament.
Answers to these questions were recently posted and are highlighted below.
As noted earlier this week, I had the pleasure of attending Fieldfisher’s recent Patent Experts Seminar on 10th July. The seminar comprised contributions from guest speakers including Frank L. Bernstein from Kenyon & Kenyon LLP in the US who spoke to the issue of Alice v CLS Bank (Alice v. CLS Bank: Through the Looking Glass, or Through a Glass Darkly?). (more…)
Dragon’s Den returned to our screens last night and this therefore seemed like the perfect time to summarise one of the talks given at Fieldfisher’s recent Patent Experts Seminar on 10th July in their fabulous new offices overlooking the Thames.
In the opening session of the seminar David Knight looked over the recent Trunki decision (PMS’s Kiddee case versus Magmatic’s Community Registered Design (CRD) for the Trunki – see image below). While reviewing a design case in the context of a patent seminar seemed a little strange at first it ultimately proved to be an interesting take on the Trunki story and made us look at the position, assumed by one of the Dragons, that the product was not patentable.
Setting the scene David noted that designs protect how “it” looks whereas patents will protect how “it” works. When the Trunki design was originally presented to the Dragons back in 2006 they all decided against investing in the product after Theo Paphitis managed to break the strap on one of the suitcases. During the course of the grilling that inventor Rob Law received he was told by Peter Jones (the tall dragon) that “This type of product is not patentable…..I could have a competing product on the market within 7 days”. But how accurate was this patentability assessment? (more…)
Today on IPcopy we have a guest post from Tom Lingard of Stevens & Bolton LLP.
It’s always nice to have a hobby to keep you busy in retirement; perhaps never more so than when the job from which you have retired is Leader of the Free World. This was presumably former US President George W. Bush’s thinking when he took up painting, but whereas the artwork of most amateur painters will never be seen by anyone other than immediate family, one of the unique benefits of being an ex-President is having a 14,000 sq. ft. exhibition space at your eponymous Presidential Center in which to exhibit them. However, instead of earnest criticism about the obvious influence of early 20th century Fauvism and Post-Impressionist era Gauguin on Mr Bush’s portraits of various world leaders (including Tony Blair, Angela Merkel, Hamid Karzai, Vladimir Putin and the Dalai Lama), the pictures have attracted attention for the striking similarity they bear to photographs that appear at the top of the search results when the leaders’ names are put into search engines. So has Mr Bush inadvertently walked into a legal minefield?
The Legal Working Group of the Preparatory Committee has recently launched a consultation on their proposals for the European Patent Litigation Certificate. The consultation timeframe is relatively short and runs until Friday 25 July 2014. Comments are to submitted electronically to email@example.com. The consultation document can be found here and an explanatory memorandum can be found here.
At a recent CIPA seminar The Hon Mr Justice Birss suggested that the best way to influence the Prep Committee’s position on the content and form of the EPLC would be to present a united front with other countries in Europe. To that end IPcopy would be interested to hear from readers in other countries, e.g. Ireland, Sweden, the Netherlands, regarding their reaction to the content of the EPLC proposal. Additionally if any reader wants to share their response to the consultation then IPcopy will be happy to start a consultation round-up post.
The comments below form the basis of this ipcopywriter’s response to the EPLC consultation. These are personal views.
This post covers the afternoon sessions from the “Unitary patent and the Unified patent court” conference in Paris on 4 July. This post covers a session from a number of European judges on the UPC and views from some IP intensive companies (such as Google, Microsoft and GSK). [Part I and Part II cover sessions (1) through (4).] (more…)
As noted yesterday, I attended the 2nd annual conference on the “Unitary patent and Unified patent court” held in Paris on 4 July. The report of the early morning sessions ((1) and (2)) from this conference can be found in yesterday’s post. Today’s post takes in the sessions ((3) and (4)) between the mid-morning break and lunch (Ratification update and a keynote speech from Margot Fröhlinger). (more…)
Last week on 4 July I had the good fortune to attend the 2nd annual conference on the “Unitary patent and Unified patent court” held in Paris.
The strapline for the conference was “The Patent Revolution is ON” which was an effort to highlight the most significant change in European patent law in 40 years or so. In reality, as many of the panelists were keen to point out, the unitary patent system represents a modification of the existing systems and should be perhaps viewed as an evolution rather than revolution.
There was a significant amount of ground covered at the one day event and many of the panelists at the conference are people who are actually involved in bringing the new patent system into being. We had judges from around Europe as well as members of the both the EPO Select Committee and the Preparatory Committee.
Given the ground covered I’m going to go session by session to highlight the issues that were discussed. (more…)
As reported here previously, Spain is challenging both of the regulations that create the unitary patent. The CJEU heard the action brought by Spain on 1 July 2014 and a report of the hearing has popped up on an Allen & Overy eAlert (Luisa Deas from A&O was at the CJEU hearing).