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Keltie LLP

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About IPcopy

IPcopy is an intellectual property related news site covering a wide variety of IP related news and issues. We will also take the odd lighthearted look at IP. Feel free to contact us via the details on the About Us page.

Unless stated otherwise, the contributors to IPcopy (the “IPcopy writers”) are patent and trade mark attorneys or patent and trade mark assistants at Keltie LLP or are network attorneys at K2 IP Limited. Guest contributors will be identified.

This news site is the personal site of the contributors and is not edited by the authors’ employer in any way. From time to time however IPcopy may publish practice notes, legal updates and marketing news from Keltie LLP or K2 IP Limited. Any such posts will be clearly marked.

This news site is for information purposes only. Information posted to this news site is not legal advice and should not be taken as such. If you require IP related legal advice please contact your legal representative.

For the avoidance of doubt Keltie LLP and K2 IP Limited have no liability as to the content of IPcopy and any related tweets or social media posts.

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Archive

Oh, Jeremy Corbyn! A look at Labour’s “Medicines for the Many” Policy Paper

DSC05699-BLast Tuesday the UK’s Supreme Court delivered their verdict in the “prorogation of Parliament” case and found that the advice provided to the Queen was unlawful with the effect that prorogation had never happened. Parliament was duly recalled on Wednesday where the Speaker directed that the item in the Journal of the House of Commons relating to Prorogation was to be expunged and replaced with a reference to the House being adjourned instead.

The Commons session last Wednesday went ahead with a series of Urgent Questions and the atmosphere in the chamber steadily deteriorated as things went on. Last week also marked the return to UK TV of the show The Good Place, and in honour of that show and its main character Eleanor Shellstrop, the session in Parliament last Wednesday could probably fairly be summed up as a forking shirtshow.

Lost a little in the noise generated by the Supreme Court decision and the subsequent recall of Parliament however was an announcement from Labour in Jeremy Corbyn’s conference speech (and associated policy paper) regarding medicines and the use of the patent system. (more…)

Has Brexit scuppered the UPC?

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The unitary patent system is aiming to create a European patent registration and litigation system. To bring the whole system into being, 13 EU member states, including France, Germany and the UK, need to ratify the UPC agreement and currently 16 member states (including France, the UK but crucially not Germany) have done so.

For some time, the unitary patent project has been stalled because an ongoing legal challenge in Germany has prevented Germany’s ratification process from being completed. In addition to this, the fallout from the UK’s Brexit vote has also cast a sense of uncertainty over the planned system because the unitary patent system is only, in its current form, open to EU member states to join. The UK’s expected departure from the EU therefore casts some doubt on whether the system will even take place.

In the face of the above two challenges however the UPC Preparatory Committee has continued to make technical and operational preparations in anticipation of a positive result from the German Constitutional Court.

Recently however the German Federal Ministry of Justice made a statement to the German Parliament indicating that an examination of the UK’s exit from the EU on the proposed unitary patent system will need to take place before ratification can occur. (more…)

POP trade mark – case review

POP1

UKTM Application No. 3315911

Background

Positive Organisations & People Ltd (the Applicant) is the proprietor of UK Trade Mark Application No.  3315911 in Classes 35 and 41 (copy of mark shown).

This mark was opposed* by PSP COMPANY BVBA (the Opponent) under the fast track procedure on the basis of its earlier EUTM Registration Nos. EU016150773 (Mark 1) and EU016150807 (Mark 2) below in Classes 35 and 41 under Section 5(2)(b) of the Trade Marks Act 1994.

POP2

Mark 1

POP3

Mark 2

The Applicant filed arguments against the opposition arguing that there were clear differences between ‘POSITIVE ORGANISATIONS & PEOPLE’ and ‘People On Point’, which would be recognised by consumers.

A decision was made on the papers on 15 March 2019. (more…)

No Deal Brexit, Boris and IP

brexit-1481028_640Following Boris Johnson becoming the Prime Minister of the UK last month, and given his desire to leave the EU by the 31 October 2019 deadline with or without a deal, we have highlighted the UK government’s plans for trade marks, designs and patents in the event of a “No Deal” Brexit in more detail.

It is noted that in the event of a “No Deal” Brexit, the UK will leave the EU without any transition period and the “switch-over” date for IP, referred to as “Exit Day” below, will be 31 October 2019 (unless there are further extensions) (more…)

Roy Scott obituary

Roy Scott 1968-2019 (2)

When a teenage Roy Scott reported for his first day at the Ministry of Defence back in 1987, he was allocated to a department doing something he’d never heard of – called ‘IP’. Luckily for IP, Roy caught the bug and took his first steps in a profession on which he was to have a profound influence. For Roy wasn’t just a consummate professional: he devoted himself to shaping the IP community too.

After a couple of years with the MoD, Roy moved into private practice with Lloyd Wise. Next, he joined Jenkins before moving to Field Fisher and then Nabarro, where he led sizeable IP support teams. From there, Roy brought his outstanding experience to Keltie in 2003, where he rose to become the firm’s Senior Paralegal.

(more…)

Canada’s Patent Rules come into force on October 30, 2019

Flag_of_CanadaToday on IPcopy we have a guest post from Wendy Lamson of Perley-Robertson, Hill & McDougal LLP on the subject of national phase entry in Canada. This post has been reproduced with the permission of the author.

The new Patent Rules were published on 10 July 2019 in Canada Gazette, Part II.  The amendments will bring the Canadian Patent Rules into conformity with the Patent Law Treaty and will come into effect on October 30, 2019.

Highlights of some of the more important changes are discussed below.  Notably, certain deadlines will be shortened and the ability to reinstate an abandoned patent application or revive a lapsed patent will become more difficult in certain circumstances. (more…)

European patent prosecution – impact of the International Searching Authority (ISA)

EPO4Overview

When entering the European regional phase from the PCT phase the choice of the international searching authority (EPO or non-EPO international searching authority) has an impact on the actions that are required shortly after regional phase entry and also an impact on the fees that are payable. This article provides a high level overview of the main points of difference. (more…)

A sad announcement from Keltie – Roy Scott 1968 – 2019

Roy Scott 1968-2019 (2)It is with great sadness that we have to announce that our dear friend and colleague, Roy Scott, passed away on 21 June following a long battle with illness.

It is an incredibly sad time for us at Keltie who have had the pleasure of Roy’s company for more than sixteen years. He was our Senior Paralegal and brought vast experience, in so many imaginative ways, to our paralegal team and to us all. Keltie would simply not be the place it is now without Roy’s overwhelming contribution and infectious charisma. He was also renowned for his contributions to the profession as a whole and inspired so many through his lectures and training, both internally at Keltie and externally through CITMA, CIPA and TMAP.

Roy was an incredible man with an amazing spark and the most joyous and upbeat character which shone through always, even in more recent and difficult days. He is completely irreplaceable to us, as a friend and colleague, and we will miss him dearly. Our thoughts and prayers are with Roy’s family especially at this very sad time.

Brexit and IP – updated overview

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This article is an updated version of a previous Brexit related article which takes into account the UK’s revised date for leaving the EU.

Following an extension agreed by EU leaders back in April, the UK is now expected to leave the European Union on 31 October 2019. The UK’s departure from the EU may have an effect on your Intellectual Property Rights. This article is designed to briefly set out those potential changes.

“Exit Day”

There is a key ‘switch-over’ date for IP, which is referred to here as “Exit Day”. The exact date of Exit Day will be different depending on the manner in which the UK leaves the EU.

In the event of a “No Deal” Brexit, where a Withdrawal Agreement has not been agreed by both sides, the UK will leave the EU without any transition period and Exit Day will be the end of the Article 50 period. Currently the end of the Article 50 period is 31 October 2019, though this date could potentially be extended again if there is still no agreement by that date.

If the Withdrawal Agreement is agreed by the EU and ratified by the UK, this provides for a transition period during which the UK will no longer be part of the EU, but will still be bound by EU rules. In this scenario ‘Exit Day’ is the end of this transition period (the end of December 2020 at least though potentially this date could also be extended).

References to “Exit Day” below should therefore be read as encompassing either the “No Deal” exit day or the exit date at the end of the transition period.

(more…)

Patent Amendment in the US and Europe

us-europe flagThis article compares amendment of patent applications before the USPTO and the European Patent Office (EPO), focussing on the differences in law and practice between these jurisdictions.  Adaptation of a PCT application for regional phase entry in each jurisdiction is also discussed.  References are made to the EPO Guidelines, which is the main source for European Patent Office practice.  Some guidance is also provided on differences between claim interpretation in Europe and the US. (more…)

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