Opt out fee
The regulations and agreements surrounding the unitary patent package have been picked over many times which has resulted in discussions about “hard coded bifurcation“, the Malta problem and just what the “exclusive competence” of the UPC means. To add to that list we now have the question: “Just what is the legal basis for the opt out fee?” (more…)
Keltie LLP was pleased to host a workshop for in-house counsel on the topic of designs. The programme kicked off with a refresher by Emily Weal, associate at Keltie, on Registered vs Unregistered designs, followed by a talk from Lynn Schreier, Senior Intellectual Property Counsel at Swarovski, who gave some insights into handling freedom-to-operate in the luxury goods market. The workshop closed with an open forum discussion moderated by Michael Moore, partner at Keltie. (more…)
Standards Essential Patent (SEP) matters are the giant squid of the intellectual property ocean. Enormously powerful and capable of making or disrupting the commercial plans of some of the world’s largest companies, they prowl a zone so mired in technical complexity and commercial confidentiality that their mighty struggles are largely obscured from view, despite their potential to swing hundreds of millions – even billions – of dollars from one group of companies to another. Under these circumstances, it is not so surprising that a universally respected commenter on IP matters openly wondered what all the fuss was about after delivering an impeccable summary of the most important decision in this area for several years. At first sight, the lack of excitement is understandable – the decision just seems to be a lot of stuff about who should do what when and looks about as thrilling as the rules for filing a tax return. Let us, in the manner of James Cameron descending into the Challenger Deep, see if we can shed a little light on the ecosystem of the sea bed and explain why this decision might matter. (more…)
IPcopy and Keltie LLP were treated to an excellent presentation by Rob Carter of K2 IP on the subject of due diligence from an in-house perspective (Rob worked in Shell’s intellectual property legal team for over 25 years, the last 10 years as Associate General Counsel and as part of the Global IP leadership team).
A typical M&A transaction passes through a number of stages and IP plays a key role in many of these stages:
- Identification (to work out what IP is key?, how to extract value from the IP? etc.);
- Assessment (what information will need to go into the data room?, what IP assets does the target company have? what IP agreements will be needed?)
- Select (How do the IP due diligence results affect the proposed transaction?)
- Define (what IP-related agreements will be required – a brand licence, process licence, patent/trade mark assignments, etc?. What IP rights will a retained business need?)
- Execute (Negotiation and drafting of the IP-related agreements)
- Operate (the fun task of recording licences and assignments and transferring files)
- Asset Review (how did it go? How can we do better next time?)
Proof of use should be timely and clear – case law review T-41/12 LS Fashion, LLC v OHIM
This case concerns an opposition filed by Sucesores de Miguel Herreros, SA (the Opponent), the predecessor in title to the Intervener, Gestión de Activos Isorana, SL (Isorana) on the basis of Article 8(1)(b) Council Regulation (EC) No 207/2009 (CTMR), claiming a likelihood of confusion with its earlier Spanish trade mark registration for LOREN SCOTT, covering “clothes for ladies, men and children, included [sic] boots, shoes and slippers” in class 25. (more…)
Another of our semi regular updates on the progress of the unitary patent and UPC. (more…)
Last week, senior members of Keltie’s Design Team, Manuela Macchi, Michael Moore and Emily Weal, attended the MARQUES Luxury Brands Symposium, which took place in the suitably exquisite surroundings of the Hotel Baur au Lac in Zurich.
The theme of the 2-day conference was the protection of luxury brands in a fast moving world. The full program can be viewed here.
Presentations covered a range of topics relevant to luxury brands and included not only the legal aspects of their protection but also perspectives from a marketing expert, an academic and a financial analyst on the industry and its outlook. (more…)
Last week saw the London meeting of the joint CIPA/IPO/IP Federation event relating to the consultation on court fees for the Unified Patent Court. Earlier this week IPcopy posted our notes on the event. Today we have some further notes gleaned from the Q&A session that followed the main event. (more…)
Wragge Lawrence Graham and Co held its annual Brands & Designs Seminar in London on 25 June 2015. As you would expect, the Seminar was extremely informative and interesting, and well attended!
Kate Swaine kicked off proceedings by discussing the rise in passing off cases throughout the last year. Kate posed the question as to whether the recent increase in passing off cases was highlighting a new trend. She asked whether this was due to misrepresentation seemingly being easier to define than likelihood of confusion, the fact that a brand has now expanded considerably further than just a ‘name’ and celebrities are more conscious of their own brand power, as well as the apparent constraints of a trade mark registration, making passing off a more attractive option. (more…)