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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.

Disclaimer: 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.

Archive

EPO News – July 2016

epologoExamination refunds

Under current arrangements the EPO refunds 75% of the examination fee after the examining division has assumed responsibility for the case but before substantive examination has actually begun. In order to provide transparency over whether substantive examination has begun the EPO also posts a notice on the EP patents register to let applicants know when substantive examination has started.

As from 1 July 2016 the EPO is going a stage further (see EPO News Item) and is now starting to inform applicants, if operationally possible, at least two months in advance of the date on which it intends to start substantive examination. Any application that is withdrawn, refused or deemed to be withdrawn before such substantive examination has begun will get a full (100%) exam fee refund instead of the previous 75% rate. (more…)

Brexit – IP Myths and Misconceptions

brexit-1481028_1920As far as IPcopy is concerned, the level of political debate recently has not risen much beyond playground banter with facts and detailed arguments being sacrificed for soundbites and quotable political mantras such as “Let’s take back control”, “Let’s make Britain/America great again”, “We’re gonna build a wall” etc. It seems politics these days just requires the collective unconsciousness to be exposed to such sayings over a long enough period of time to ensure the votes follow…after all, who needs experts, eh? (more…)

Unified Patent Court Update – July 2016 – KBO*

IMG_8533Despite the result of the referendum in the UK, it would appear that technical preparations for the Unified Patent Court are going to continue.

The UK’s ratification of the Unified Patent Court Agreement is a required step in bringing the unitary patent system into play. Without the UK’s participation the remaining members of the project are faced with either waiting for the UK to leave the EU (which appears to be at least 2.5 years away now) or renegotiating the UPC Agreement to remove the UK.

However, in a joint statement from the Chairmen of the UPC Preparatory Committee and the EPO Select Committee dealing with the Unitary Patent it is noted that “it is too early to assess what the impact of this vote [the Referendum] on the Unified Patent Court and the Unitary Patent Protection eventually could be”. The statement ends with the Preparatory and Select Committees stating that “work dedicated to the technical implementation should continue to progress as envisaged.(more…)

The Brexit Referendum, Article 50 and IPcopy

GB+EU flagJust a few days ago the UK went to the polls and returned a verdict which shocked the country, Europe and the world. Oh, and wiped $3 trillion off the world stock market.

The following days in Westminster have been (mild understatement follows) somewhat interesting. The UK Prime Minister is on his way out, the Conservative Party is gearing up for a leadership contest,  Boris has been betrayed by the Govefather, Jeremy Corbyn has installed a revolving door in his Shadow Cabinet and Nigel Farage went to the EU Parliament to suggest a cardiac surgeon born in a Soviet gulag had never had a real job in his life. (more…)

MIP – IP IN ASIA FORUM 2016 – 23 June 2016 – London

Managing IPMIP held its IP in Asia Forum at Le Meriden Piccadilly, London, on 23 June 2016.

The first talk gave an overview of trade mark protection in China. Dr Guan Tang, a senior lecturer at Queen Mary University of London, looked at the academic view. She noted that there are three key dimensions to Chinese trade mark law; (1) the public interest in promoting a socialist market economy, (2) consumer rights, and (3) the rights of the proprietors of trade marks, and that there appears to be a conflict between the requirement of promoting a socialist market economy and protecting right holders. Next on the agenda was a review of the recent revisions to Chinese trade mark law. In this regard, the key points were the speeding up of the examination procedure, extending the scope of protection (sound marks are now registrable), tackling IP squatting and allowing for higher damages and penalties. Whilst it is Dr Tang’s opinion that the current enforcement of trade mark rights in China remains unpredictable and has not significantly improved, the law is now better written such that there is hope for the future provided it is managed correctly. (more…)

IP in the UK after the Brexit Referendum

GB+EU flagOn 23 June 2016 the UK public voted in favour of the UK leaving the EU (commonly referred to as ‘Brexit’). If and when the UK formally starts the exit procedure, there will be at least a two-year negotiation period before the exit itself occurs. So, any changes won’t be implemented for some time yet.

Any UK national IP rights will be unaffected by Brexit. Some EU IP rights that have effect in the UK will be affected to different extents. Crucially, no IP rights will be lost as a result of Brexit, although some transitional measures are inevitable.

IPcopy takes a look at the key impact Brexit will have on IP, and what you should be considering now. (more…)

Misleading invoices update: recent UKIPO activities

DSC03616-BIPcopy has been provided with a copy of an update from the UKIPO into the work they have been doing recently to combat misleading invoices. Previous IPcopy articles on this subject can be found here.

Following the recent successful trademark infringement and passing off cases against the Intellectual Property Agency and the Patent and Trade Mark Office/Organisation (see The Comptroller–General of Patents, Designs and Trade Marks and BIS v: Intellectual Property Agency Ltd and Harri Jonasson [2015] EWHC 3256 (IPEC) and also Misleading invoices – the UKIPO fights back), the UKIPO has also been tackling the problem of scam invoices in a number of other ways: (more…)

Unified Patent Court – News and June 2016 Update 2

IMG_8533-1This Thursday, 23 June 2016, is of course Referendum Day here in the UK, the outcome of which could have a significant impact on the unitary patent system. This Thursday also marks the day on which two bills relating to Germany’s ratification procedure for the UPCA will come before the German parliament. This hearing is apparently the first of three hearings. With the German Parliament due to take a summer break throughout most of July and August it may be the autumn before the necessary steps have been taken to ratify the UPCA in Germany. [German Parliament calendar; Draft Bill 1; Draft Bill 2] (more…)

Eye D (Case review O/094/16 – Opposition & Invalidity)

Eye D

This post contains a case review of O/094/16 (EYE D) Opposition – 10 February 2016; O/094/16 (EYE D) Invalidity – 10 February 2016.

Background

The matter concerns Vision Care At Home Limited (‘VCH’) and Visioncall Limited (‘VL’), both concerned with eye care passports or reports primarily aimed at care homes for the elderly to assist staff in identifying the correct glasses to be worn by those being cared for.

VCH applied to register the mark  under Application No. 3032938, as well filing a declaration of invalidity against VL’s UK Registration No. 2652006 for EYE D on the basis of Sections 47(2) and 5(4)(a) and Sections 47(1) and 3(6) of the Trade Marks Act 1994 (‘the Act’). VL later opposed VCH’s application on the basis of Sections 5(2)(b), 5(3) and 5(4)(a) and Section 3(6) of the Act. (more…)

Bad Faith and Trade Marks in China

Great WallAs IPcopy discussed back in 2013, Trade Mark Squatting has long been a concern of European businesses considering entering the Chinese market. Too often, European brands which have not registered their trade marks in China at the earliest possible stage, find that their trade marks are already registered to third parties without a legitimate interest in the mark by the time China features as a potential market in their business plans.

This can cause significant disruption to businesses as these earlier ‘bad faith’ applications act as bars to their own applications. Further, whilst trade mark registration is not a legal requirement to trade in China, many businesses find that their Chinese partners will actually request it as a condition to operate. The consequences of having one’s trade mark application refused in China because of an earlier bad faith application are, therefore, compounded, as walking away and trading without a registered mark may not be a viable option. (more…)

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