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IP licensing

AgreementWhat is an IP licence?

An IP licence in its simplest form is an agreement where an IP owner (the Licensor) permits another person (the Licensee) to engage in activities that, in the absence of the IP Licence Agreement, would infringe the Licensor’s legal rights attaching to the IP. In return the Licensee pays the Licensor a fee or confers some other benefit. It is a written agreement that gives rights to do something that would otherwise be an infringement of the IP rights of someone else.

A typical case may involve the Licensor granting the Licensee the right to make and sell patented product perhaps worldwide and for the life of the patent(s). The Licensee agrees to pay the Licensor a royalty, defined as a percentage of Net Sales Value. The Licensor agrees not to make or sell patented product itself nor permit any 3rd Party to do so. (more…)

Avoid jointly owned intellectual property like the plague

ICONS_icon-teamNot all the smart people work for you

Traditionally, internal innovation was the paradigm in which most companies operated. Most innovating companies kept their discoveries highly secret and made no attempt to assimilate information from outside their own research and development laboratories. This was driven by the belief that “the smart people in our field work for us”. However, in recent years the world has seen major advances in technology and society, changes which have facilitated the diffusion of information. Companies have also come to realise that “not all the smart people work for us, and that we need to work with smart people inside and outside our company”. (more…)

Invention harvesting

HarvestTo invent:

To invent means to produce or contrive something previously unknown by the use of ingenuity or imagination. An inventor is therefore someone who invents, someone who devises some new process, appliance, machine, or article. When a new product appears, the person who first thought of it, and who first defined what the product should be, is recognised as the inventor. While many people may be involved in building the product and bringing it to market, the innovator is the person who provided the original idea that helped to define and shape the product.

Inventive ideas can take many forms. They can be disruptive, transformative, radical, breakthrough, incremental or step improvement in nature. They can be product, service, process or business model related. (more…)

EPO putting applications in the renewal grace period on hold?

epologoThe EPO apparently has a new internal procedure that debuted at some point in the last year which applies when a European patent application enters the six-month grace period for payment of an overdue renewal fee.  Once this happens the case file is apparently put on hold so that the Examiner is unable to work on it until the renewal fee has been paid.

IPcopy has heard that a colleague recently tried to briefly discuss a case with an Examiner to see if the claims looked in good shape from the Examiner’s point of view and also when the next exam report might issue. However the case in question was in the grace period for the renewal payment and so the Examiner was prevented from even opening the file to answer what were relatively basic questions. (more…)

No-go for Tokyo Olympic logo

tokyo logoToday we have a guest post from Kei Ikuta of the firm Nagashima Ohno & Tsunematsu. Kei Ikuta is a Japanese litigation lawyer specialising mainly in employment law, competition law and sports law.

The Tokyo Organising Committee of the Olympic and Paralympic Games (“TOC”) have decided to withdraw its Olympic logo (picture on the right).

On 24 July 2015, the logo was announced as having beaten 104 other candidates’ designs to be the 2020 Olympic logo.  TOC, making the announcement on 1 September 2015, have advised that they would start a new competition to choose a new Olympic logo.  (more…)

Live or let die? – Formal recommendations to abolish Australia’s Innovation patent system

PA106741Today on IPcopy we have a guest post from Caroline Bommer of Shelston IP on the subject of Australia’s innovation patent system. This post first appeared on the Shelston IP website and has been reproduced with the permission of the author.

In June 2014, following a three year plus review process with a broad range of inputs, ACIP (the Advisory Council on Intellectual Property), published a “final” report on the effectiveness of the Australian innovation patent system. Despite the results of its own economic research commissioned as part of that review, it was unable to come to any clear conclusions regarding retention or abolition of the system, and limited its recommendations to options for addressing concerns regarding the current low patentability threshold. (more…)

Summer Summary

rainA Bank holiday plus a torrential downpour must mean that summer’s just about over. Just in case you missed us over the last few weeks, here’s our summer round-up from mid-July through to the end of August. (more…)

Keltie: Charity Events

Keltie-Logo - tough mudder and run the river

This September Keltie teams will be raising money for a range of charities by taking part in the Run the River and Tough Mudder events. Full details including links to their team profiles and charity pages are below. (more…)

A Question of Data Protection

IMG_4334One trend in sport that is becoming increasingly prominent is the capture (and subsequent processing) of athlete data via wearable devices. While this is usually done for medical, training or performance purposes, the desire on the part of sports bodies to identify new revenue streams is strong and there is no doubt that the demand for this kind of data is growing. Alongside the technological difficulties, one of the most significant obstacles to the successful commercialisation of that data is data protection. Nick White, Partner at Couchmans LLP, examines the treatment of athlete personal data gathered via wearable technology and does so through the lens of the recent general approach adopted by the Council of the European Union (‘the Council’) on 15 June 2015 concerning the proposed draft General Data Protection Regulation (‘GDPR’).  (more…)

Book Review: ‘Inside Intellectual Property – Best Practice in Intellectual Property Law, Management and Strategy’

MikeJewess‘Inside Intellectual Property’ is written by a true ‘insider’ . Mike Jewess is the quintessential IP insider, his impressive career in IP having spanned private practice at a major London IP firm, senior in-house roles across a range of industries (including telecoms, packaging, aerospace and defence), and heading departments. He is a sought-after speaker, commentator and mentor in the IP community. If that isn’t enough, his comprehensive book is also informed by an in-depth survey of 25 UK IP practices. The result is a text that should become a seminal reference work. (more…)


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