IPcopy watched CIPA’s seminar on Standard Essential Patents (SEPs) recently which was presented by Kevin Scott and Richard Vary. The seminar covered a number of topics: What is a SEP?; FRAND – what does it mean?; Licensee/licensor behaviour; Litigation venues (this part was also of wider interest than the SEP world); Unwired Planet v Huawei; SEP arbitration and the future.
What is a SEP?
The seminar started with definitions of “essential”, in the context of standard essential patents, from both the ETSI and IEEE organisations (see bottom of post for a copy of these definitions) before noting that this was quite a dry definition and the SEPs that we come across in today’s world are small improvement patents that can save a bit of power in a transmitted message or add a few extra transmitters into a particular radio channel.
The core technologies behind the smartphone in your pocket were standardised around 20 years ago but in the time since then many small improvements have been made. Kevin noted that the result of such improvements means that multiple people can now stream video while on their commute to work using a broadly similar amount of radio spectrum to that which was used to broadcast a few channels to the whole country. (more…)
Following her Majesty the Queen’s approval of the ITMA’s Royal Charter and the news that the Trade Mark Administrators had in turn undergone a rebrand and become CITMA Paralegals, Keltie LLP were delighted to host the first CITMA Paralegal seminar on 27th October 2017 at their London office.
The seminar was chaired by Roy Scott from Keltie LLP, who in turn introduced the guest speakers: Sharon Fleet and Melanie Oliver (UKIPO), Jonathan Clegg (Cleveland Scott York) and Daniel Smart (Colman + Smart). (more…)
The unitary patent and UPC are within touching distance of going live. However, recent developments in the UK and Germany potentially put the whole system at risk. So, simply put, where are we now?
When the unitary patent system first came to IPcopy’s attention we were at a conference in Brussels in December 2012 where the keynote speaker from the European Commission suggested that the system would be up and running in just over a year, i.e. Spring 2014. The reality and difficulties of setting up the unified patent court meant that the “go live” date consistently slipped further and further along. Back in August 2013 we had adjusted the expected go live date to “late 2015” and last May, a start date somewhere within 2017 was expected. (more…)
Season 4 of the US TV show Silicon Valley aired earlier this year. For those that aren’t familiar with Silicon Valley, IPcopy notes that it is a comedy show that follows six people who have founded a startup company, Pied Piper, relating to an innovative data compression algorithm developed by one of the founders of the company.
The situations that the members of Pied Piper find themselves in feel, for the most part, plausibly accurate perhaps because one of the co-creators of the show, Mike Judge (of Beavis and Butthead and King of the Hill fame) worked in a silicon valley startup earlier in his career.
Since the show’s fictional startup is working in the Silicon Valley environment you might expect intellectual property issues to crop up now and then and this was indeed the case in the most recent season with a couple of episodes dealing with a patent relating to a decentralised, peer to peer network.
The UK Intellectual Property Office has issued a consultation calling for views on “maximising the incentives of the Intellectual Property system to stimulate collaborative innovation and licensing opportunities”. The consultation, “Industrial Strategy: Intellectual Property Call for Views [PDF]” closes on 15 November 2017.
The consultation forms part of the government’s plans for an “ambitious new industrial strategy” and asks the question what can the government do to encourage innovators to do more collaboration and commercialisation and to stimulate knowledge exchange and follow-on innovation. (more…)
The two year legal battle over the infamous ‘monkey selfie’ between a photographer and an animal rights group has finally reached its conclusion. Last month, a settlement was reached between the two parties, bringing this copyright drama to a quiet end.
By way of background, in 2011 a macaque monkey, named Naruto, took an image of itself in the Indonesian jungle after it picked up an unattended camera owned by photographer, David Slater. Disputes arose over ownership of the image when it was published on Wikipedia, without Mr Slater’s permission, and he asked for it to be taken down. The People for the Ethical Treatment of Animals (PETA) defended Naruto, arguing that he owned the copyright in the image.
However, Mr Slater contended that he had a valid copyright claim based on the fact that he engineered the situation that resulted in the picture. He befriended the group of wild macaques and set up his camera equipment in such a way that a “selfie” picture might come about. (more…)
Autumn has officially arrived and so, as we get stuck into another academic year, IPcopy thought we’d quickly take stock of where we are with the unitary patent project. Since our last update back in July it seems like we’ve had a fair amount of news but little in the way of progress. (more…)
Today on IPcopy we have a guest post from Tyrone Walker of Moore Attorneys on the subject of a soft drink trade mark battle in South Africa. This post has been reproduced with the permission of the author.
The soft drink battle of “PEPSI TWIST” versus “LEMON TWIST” continued in South Africa in the Supreme Court of Appeal.
In 2006, PepsiCo had applied for the registration of the trade mark “PEPSI TWIST”. Atlantic Industries (“Atlantic”), a wholly owned subsidiary of The Coca-Cola Company had opposed these trade mark applications. The basis of Atlantic’s opposition was that “PEPSI TWIST” was confusingly similar to their current trade marks “TWIST”, “LEMON TWIST” and “DIET TWIST”. PepsiCo responded with a counter action by applying for the expungement (“removal”) of Atlantic’s marks. (more…)
Back in June this year IPcopy noted that the UKIPO was running a consultation on proposed changes to statutory patent fees. The Government has now published its response and it appears that the UKIPO will now be joining the EPO in charging both excess claim fees and additional page fees.
It is noted that the proposed changes will require amendments to both the Patents (Fees) Rules 2007 and the Patents Rules 2007 but the Government anticipates a commencement date of 6 April 2018. (more…)
While listening to the radio last week I had cause to feel old when the presenter introduced the next track as celebrating 19 years of airplay. The track in question? Britney Spears’ “Hit Me Baby One More Time”. Unbelievably this was released in 1998 and even more unbelievably it was almost considered for the group Five….
Another “where has the time gone?” moment came later in the week when our blog notification alert went off to note that IPcopy is five years old. This got us thinking about our most viewed posts and so here are our top 10 patent, trade mark and IP posts from our first five years. (more…)