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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.

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Archive

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

brexit-1481028_1920

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…)

Misleading Invoices: The Brexit Edition

brexit-1481028_1920In April 2019, the EU agreed a second delay to the UK’s departure from the EU and set a new departure date of 31 October 2019. Following EU leaders’ talks about the new Brexit delay, President Donald Tusk told the UK: “Please don’t waste this time”.

A couple of months on from Tusk’s press conference the UK appears to be doing everything it can to ignore that request as we watch the Conservative Party continue to tear itself apart by holding a leadership contest and the Labour Party leader continue the party’s policy of constructive ambiguity as far as its Brexit policy is concerned.

Although the UK political parties and most of the country seem to be gripped by an ongoing Brexit paralysis (#JustMakeItStop), one group of people have been quick off the mark hoping to cash in on the uncertainty around Brexit.

Yes, misleading IP related invoices are back and this time the companies sending the “invoices” are hoping to persuade their recipients into parting with their hard earned cash by paying for totally unnecessary UK trade mark and design registrations. (more…)

When Harry met Selfridges

cocktailA name is not reason for confusion

In a decision of the UKIPO (O/219/18, HARRY GORDON’S BAR and HARRY GORDONS (Opposition), 5th April 2018), the IPO found in favour of retailer Selfridges, allowing the registration of its trade mark applications for HARRY GORDON’S BAR and HARRY GORDONS.

In May 2013, Selfridges applied for the above trade marks covering classes 29, 30, 32, 33 and 43 for goods including alcohol and services for providing drinks.

In August 2013, Harry’s New York Bar filed a notice of opposition against all of the goods and services in both applications. The Opponent argued that the use of the name HARRY in Selfridges’ trade marks resulted in similarities with its earlier marks HARRY’S, HARRY’S BAR and HARRY’S NEW YORK BAR, which it claims were first used in Paris in 1911.

The Opponent submitted that its bars can be found in luxury hotels that would be visited by the same sort of people who frequent Selfridges’ store on London’s Oxford Street. Therefore, use of the mark in such a prestigious establishment would “ride on the coat tails” of its existing reputation.

Selfridges rejected these claims, stating that its bar was named after the retailer’s founder, Harry Gordon Selfridge, and inspired by the popular TV series, Mr Selfridge, about his life. (more…)

Mental health – How to help in the workplace?

mental-health-2019924_1920

Image by Wokandapix from Pixabay

People often say that they have no idea what to say or how they can help me when I’m in the grips of mental illness. They want to be able to help, but have no idea how to go about it. There is no doubt that it is a difficult and incredibly personal topic, especially to be discussing at work. However with poor mental health being one of the main reasons for people taking time off work it is not something that can be ignored, particularly if we are aiming for workplaces in which staff are happy and in which everyone can thrive.

A lot of the conversation currently seems to focus on what people with mental illness can do in order to get help or to improve their condition. I believe that some of the pressure that currently rests on the mentally ill to adequately explain themselves should be lifted. In my opinion, the best way that you can help co-workers struggling with mental illness is to educate yourself about what they’re dealing with in order to truly empathise and to thereby create a working environment free of shame and stigma.

We are seeing workplaces implement more mental health related policies, which is clearly a very good thing! There has been more of a focus put on the ways in which we work, implementing more flexible hours and training mental health first aiders to name a few. These steps forward are obviously incredibly important, but here I am instead choosing to focus on what we can all do on a personal level in order to make a difference. Change does not just come from workplace policy, but in the way we interact with each other on a daily basis.

Below I have laid out what are, in my opinion, the most important and helpful things you can do in order to support people who are experiencing ill mental health. (more…)

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