Last week, Keltie was delighted to host the 50th speaker event for the Lawyers’ Business Development Club at our offices at No. 1 London Bridge in London. The guest for this event was Bjarne P. Tellmann, Senior Vice President and General Counsel of Pearson Plc, who joined Colin Carroll, the founder of the LBDC, for a fireside chat about his career path and “Leading Legal Teams in an Age of Innovation and Divergence”.
Black Belt, Brown Belt
Colin and Bjarne opened with the revelation that they both hold belts at karate (Bjarne is a black belt (“though it’s been a few years…”) and Colin is a brown belt) and Colin asked Bjarne what lessons he had been able to take from the discipline. Bjarne noted that in karate you need to be able to keep cool, remember to breathe and just react. It’s important to focus on the moment and learn not to underestimate any opponent, all of which are lessons that he’s taken away into life in general. The other take away from the world of karate is that attaining a black belt is just the start, you never really attain mastery and there’s always something else to learn and experience. (more…)
A couple of weeks ago we wrote an article about bringing intellectual property (IP) actions in front of the Intellectual Property Enterprise Court (IPEC). Like the High Court in England and Wales, the IPEC can handle a range of IP disputes. As a result of its streamlined process however the IPEC provides a less expensive option for parties who feel the need to go to court.
For cases with a Scottish angle however there is another option, namely to bring a claim before the Court of Session in Edinburgh. This post provides an overview of Scottish IP disputes and the similarities and differences with the High Court and IPEC in England and Wales.
IPcopy is grateful to have received input from Susan Snedden at Maclay Murray & Spens LLP in the preparation of this post. Any insights may be attributed to Susan while IPcopy claims ownership of any errors that the reader may find! (more…)
Today we have an update on progress towards the unitary patent and the implementation of the UPC.
The Preparatory Committee met last week in Luxembourg to discuss a number of matters including the recruitment package for judicial appointments. Adverts for UPC judges should begin to appear from early next month. It is noted that UPC First Instance judges are to be paid in the region of 132,000 Euros per year and Court of Appeal judges will receive 144,000 Euros per year.
The Committee also discussed a draft code of conduct for practitioners. This code of conduct, which is not yet available for review, is expected to be signed towards the end of May. (more…)
A recent webinar about addressing section 101 issues in US patent prosecution following the Alice decision provided a handy overview of the best way to avoid and counter Alice objections and also helpfully highlighted the relevant USPTO patent eligibility examples to look at when drafting claims to different types of invention. A summary of some of the highlights of the webinar is presented below: (more…)
Intellectual property such as trade marks and patents can be important assets to a business. In instances where negotiation or arbitration or mediation are not appropriate a company may need to consider opening litigation proceedings.
As far as intellectual property cases are concerned there can be a perception that such proceedings in the UK are lengthy and costly affairs compared to other jurisdictions, such as Germany. However, there are options available to claimants that can provide litigation that is both quicker and cheaper than may generally be understood. In particular, claimants may take advantage of the streamlined procedures on offer in the Intellectual Property Enterprise Court. (more…)
As noted recently the Secondary Legislation Scrutiny Committee has been considering the secondary legislation being used to bring the UPC system into effect in the UK. Of interest in their report is the additional clarifications received in respect of the inclusion of the infringement exception at Article 27(k) of the UPC Agreement into UK law, the computer program exception.
The Committee’s report details comments raised on the draft Order from Baroness Bowles of Berkhamstead including comments relating to the computer program exception. The Committee had put the Baroness’ concerns to the Department for Business, Innovation and Skills (BIS). The full reply from BIS can be found in the Appendix to the Report. (more…)
The draft “The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016” made its way through debate and approval in both the House of Commons and the House of Lords recently. This gets the UK that little bit closer to being in a position to ratify the UPC Agreement*. (more…)
The UKIPO has released a consultation on proposed changes to the Patents Rules. The deadline for making comments is 22 April 2016 (at 11:45pm). Eleven different changes are proposed which range from the helpful (providing a notice of intention to grant) to the nerdier end (removing the need to paper forms in triplicate) of the spectrum.
A summary of the various changes is provided below. The proposed changes are geared towards simplifying aspects of the patents legislation and should reduce the burdens on businesses and the IPO. (more…)
The Preparatory Committee released the agreed rules relating to UPC court fees last week. The main reported piece of news relating to the publication of the fees seems to have been the removal of the 80 Euro opt-out (and withdrawal of opt-out) fee. However, there are a number of other changes in the rules which are summarised below. For reference the Rules document can be found here and the Guidelines for the determination of Court fees and the ceiling of recoverable costs of the successful party can be found here. (more…)