The CIPA seminar series relating to the unitary patent and Unified Patent Court resumed last week with the session “Unitary Patent and Unified Patent Court for Attorneys”. This session, which was presented by Julia Gwilt, took a look at the ways in which the unitary patent system may impact the way that European Patent Attorneys will need to work.
The session provided a quick overview of the unitary patent system and then took a closer look at the procedure before the EPO (when requesting unitary effect) and the procedure before the Unified Patent Court (when requesting or withdrawing an opt-out).
We won’t cover the basics of the unitary patent system again here and readers wanting a quick recap of the system are invited to check out IPcopy’s report on the first CIPA seminar on this subject which can be found here. (more…)
On 26 April 2018, World IP Day, the UK surprised more than a few people by ratifying the UPC Agreement and in the process taking the total number of countries who have ratified the agreement to 16. The UK press release that accompanied this announcement stated “Our ratification brings the international court one step closer to reality”.
Since the ratification process only requires 13 member states, including France, Germany and the UK, to ratify then it might appear to some that German ratification is the only remaining obstacle to the unitary patent system going live.
However, IPcopy suggests that it is still too soon to be able to say if and when the system will come into force. (more…)
London Tech Week, the week long festival showcasing the best of tech and innovation, returns again this year between 11th and 17th June and Keltie will be taking part with the following two free events: (more…)
The EU-UK draft withdrawal agreement was republished recently to show which sections have been agreed and which sections require further discussions. The agreement has been helpfully colour coded into green sections (agreed provisions, technical legal revisions only) and yellow sections (policy agreement, drafting changes required). Sections that are left white represent terms proposed by the EU where negotiations are still required.
The draft withdrawal agreement contains a provision for a transitional period (Article 121) which will run from the UK’s official exit from the EU (on 29 March 2019) until the end of 2020.
A summary of the provisions that relate to intellectual property (IP) is provided below. It is noted that the articles of the withdrawal agreement that relate to IP (Articles 50-57) contain a mixture of green and white sections. The “green” provisions that have, in principle, been agreed are: (more…)
According to the website of the Council of the European Union (and just about every other official IP channel), the UK deposited its instrument of ratification (on 26 April 2018) to become the 16th country to complete its ratification formalities. The UK joins Latvia, Lithuania, Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the sixteen countries who have completed their ratification processes.
The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. However, the German Constitutional Court challenge has thrown the timescale and the long term future of the unitary patent system into doubt.
There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if Germany completes its own ratification procedures and sufficient approvals to the PPA are obtained.
Mark Richardson 27 April 2018
Late last month the European Commission issued a notice regarding the impact of Brexit on .eu domain names.
The notice states that, unless the EU and the UK agree otherwise in the withdrawal agreement, from 30 March 2019 the “EU regulatory framework for the .eu Top Level Domain” will no longer apply to the UK. This has a number of consequences: (more…)
The EUIPO has recently published a Q&A document relating to the impact of Brexit on EU trade marks (EUTMs) and registered community designs (RCDs). This document was effectively the third publication on the impact of Brexit on Intellectual Property after the EU Commission’s position paper last year and the EUIPO’s notice which was published in December 2017 (and updated in January 2018). (more…)
Last Wednesday the European Commission published its draft Withdrawal Agreement relating to the withdrawal of the UK from the EU and the European Atomic Energy Community. This was followed a couple of days later by a speech from the Prime Minister which set out some more details about the UK position. Intellectual property got a mention in both the Withdrawal Agreement and the Mansion House speech. (more…)
The UK has now completed all its legislative steps with respect to the UPC Agreement and UPC’s Protocol on Privileges and Immunities and is in a position to ratify the UPC Agreement. However, the potential timescale of the constitutional court challenge in Germany and the remaining ratification/implementation period means, in IPcopy’s view, that the UPC system will not come into force, at least in its current configuration. (more…)
The Winter Olympics in PyeongChang are in full flow and while curling has been winning a new fan in the A-Team’s Mr T (#curlingiscoolfool), IPcopy has been watching the ice hockey. Or, more accurately, our colleague Samantha Walker-Smith was watching the preliminary round match between the USA and Finland. Now, while most of us might be content in marvelling at the skating skill levels on display and mentally comparing those skills to our feeble efforts at the Christmas wonderland ice rink a few weeks ago (…or maybe that was just me), Sam had other things on her mind. In particular, Sam noticed1 that the hockey sticks of the Finnish team were displaying patent markings! (more…)