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Franchising

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Swarovski rank in the top 50 franchises in Europe*

This post provides an overview of the recent seminar: Franchising presented by Jas Cheema of Moore Blatch LLP.

 

The seminar aimed to give an overview of franchising and in particular current trends in franchising growth, importance of developing a brand and demonstrating a proven business model and key issues to be aware of when entering into a franchise agreement. (more…)

UKIPO consultation on new fees for patent applications

ConsultationThe UKIPO is currently running a consultation on proposed changes to patent fees. The fee structure is being reviewed as the Government has made a manifesto commitment to make the UK the best place in Europe to patent new ideas [IPcopy note – this consultation was opened a few days prior to the Prime Minister calling the General Election]. To support this, the IPO is investing in electronic services and increased examination capacity and therefore is considering an increase to their fees. (more…)

Supreme Court Axes Laches: Major Change, But Modest Impact

photo-3rToday on IPcopy we have a summary courtesy of Wolf, Greenfield & Sacks, P.C. of a significant patent decision in the U.S. Supreme Court (SCA Hygiene Products v. First Quality Baby Products, LLC).

Summary

On Tuesday March 21, 2017, the Supreme Court issued a 7-1 decision in SCA Hygiene Products v. First Quality Baby Products, LLC, ruling that laches—the notion that a plaintiff prejudiced a defendant by waiting too long to sue—cannot be invoked as a defense against a claim for patent infringement damages that accrued prior to the date of the suit. Explaining that a laches defense would undermine the Patent Act’s statute of limitations for damages, the Supreme Court relied heavily on its analogous copyright decision from 2014, Petrella v. Metro-Goldwyn-Mayer, Inc., to overrule a 6-5 en banc decision from the Federal Circuit.

SCA is a favorable decision for patent owners, but is unlikely to have a profound impact on patent litigation. Laches defenses were always difficult to prove except in the most extreme situations—situations in which the separate doctrine of equitable estoppel remains available. SCA will likely be most significant in cases where the patent owner never actually communicated with the defendant before the suit but instead silently waited a long time to sue, perhaps until sales of an accused product are greatest, significantly prejudicing the defendant in the process (e.g., as a result of significant investments in the accused products or important evidence becoming unavailable). Even in those cases, the defendant may still cite laches as a reason to deny injunctive relief. (more…)

Start Ups… are about Structures, Money and People

By getting things right at the beginning, a Start Up can facilitate growth at a faster pace and be ready for the bigger challenges and hurdles coming down the line. (more…)

Intellectual Property Clinics: Protecting your inventions, branding & designs (Free event)

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Keltie will be offering face-to-face clinic sessions (free of charge) for startups and entrepreneurs to discuss protection of inventions, branding and designs. If you have a new idea/invention and you’re not sure how it can be protected or if you’ve designed your product and want to launch to market, or if you’re branding (or re-branding) your company and are looking for advice, then book on to one of our clinic sessions for a free, no obligation chat with one of our patent, trade mark or design attorneys.

To attend an IP clinic please either email Marketing@keltie.com or call 0207 329 8888 to arrange a mutually convenient time.

We are able to arrange clinic sessions during London Tech Week (12-16 June 2017) and also at any convenient time in the weeks leading up to London Tech Week.

Please note that BOOKING IS ESSENTIAL. We cannot accept drop in visitors to our IP clinics as space is limited.

To return to Keltie’s London Tech Week Listing – click here.

Innovation & Entrepreneurship START! Challenge hosted by the Imperial College Business School’s Enterprise Lab

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HackScience presented with their prize by Dr Markus Perkmann (left) and Bruno Cotta (right)

IPcopy welcomes Monica Patel back to the blog today with a report on the recent I&E START! Challenge Final 2016 at Imperial College’s Business School in which three finalists pitched their business to a panel of investors and competed for a £10,000 prize.

As I walked into the room, I couldn’t help but feel like I was entering the Dragons’ Den (despite the fact that I was in a brightly-coloured lecture theatre at Imperial College’s Business School). Sat behind the three “Dragons”, I had front row seats to the final round of the I&E START! Challenge, hosted by Imperial College Business School’s Enterprise Lab.

The top three teams of the competition, whittled down from a total of eight teams, were each about to deliver their pitch to a panel of judges. Evaluated on market opportunity, product feasibility and plans for growth, the winning team was to be presented with a prize of £10,000 to further develop their business venture. (more…)

Gowling WLG – Patent Seminar 2017

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Elephant in the Room

Various IPCopiers were present last week for the annual patent seminar at Gowling WLG, helmed by the inimitable Gordon Harris.

Alex Brodie opened with some potentially unsettling statistics.  Although the numbers of decisions, decisions per court, number per subject matter and type of action were almost identical between 2015 and 2016, the ‘win’ (valid/infringed, valid (at least in part) and infringed) vs. loss stats differed markedly:  (more…)

Protected Food Name status and Brexit: the considerations and implications

brexit-1481028_1920Today on IPcopy we have a guest post from Nicola McNeely of Capital Law. This post has been reproduced with the permission of the author.

The European Protected Food Name (EUPFN) Scheme provides important protection to many household brands across the UK, including several in Wales. Post Brexit, there will be some negotiating to do to ensure that this protection is upheld – and that it continues to be available. But why is EUPFN status is so important – and why does it need to be firmly on the negotiating agenda for Wales?  (more…)

Common soft IP related mistakes made by SMEs

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Photo by DTL at morguefile.com

IP value and risk

Risk is the chance of something going wrong, and the danger that damage or loss will occur. By its very nature, there are both rewards and risks associated with IP. For anyone involved in IP, then IP related risks are part of working life.

However many ignore the risks associated with IP or only react when the risk has materialised, which is most times too late. Also, many of the IP related risks that companies face are due to their own lack of awareness or proper understanding of IP, and/or their own actions or lack of actions.

Soft IP

There are multiple forms of IP such as patents, trademarks, copyright, etc. etc.

The term ‘soft IP’ is sometimes used to refer to trademarks, copyright, and domain names, in contrast to ‘hard IP’, which is sometimes used to refer to patents.

I accept that use of this phrase is controversial among some IP practitioners, and that the term soft IP may mean slightly different things from one IP practitioner to another

This paper focuses on soft IP and in particular on trademarks, domain names and social media handles, and some of the common mistakes made by SMEs as far as these forms of IP are concerned. (more…)

EQE 2017: Walsall is back on!

epo-eqeEQE 2017 updates are coming thick and fast today.

An email is now doing the rounds from the EQE which states that: “We are glad to inform you that this [an increase in seating capacity at Walsall] will now allow all interested candidates to sit the EQE at Walsall Football Club, Banks’s Stadium, Bescot Crescent, Walsall, West Midlands, WS1 4SA, U.K”. The text of this email is reproduced at the bottom of this post.

“I’m so glad I’m going to Walsall” was probably not a phrase many would have thought they’d be saying at the start of the year, but 2016 has been a strange year…. (more…)