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UPC Update – March 2017 (including UK ratification update)

IMG_8533-1The UK Prime Minister announced this week that Article 50 would be triggered on 29 March 2017.

It had been previously reported that the UK might try and conclude its ratification procedure for the Unified Patent Court Agreement prior to the Article 50 notification but the ratification procedure has slipped sufficiently that this will not now be possible.

IPcopy understands from the UKIPO that there is currently no confirmed date for laying the Statutory Instruments (on Privileges and Immunities) before Parliament that are required to complete the UK’s ratification formalities. It is expected that this will now occur after the Easter recess towards the end of April. Further details on the UK’s path to ratifying the UPC Agreement can be found here.

The recess dates for the House of Commons can be found here and for the Lords, here. (more…)

Scam invoices – domain name renewal

DSC03616-BWe’ve previously written about the problem of scam invoices in which UK, European and other IP rights holders receive invoices inviting them to pay for the publication of their IP right in some official sounding register. Variations of the scam involve offers to renew IP rights or even apply for IP rights. Previous IPcopy articles can be found here and all the main IPOs have their own sections which keep tabs on the latest examples of such scams (UKIPO, EPO, EUIPO, WIPO).

A more recent example of such scams is one in which the target is invited to buy domain names. According to the UKIPO the initial contact is a telephone call from an organisation that says they are the “Trade Marks Intellectual Property Office”. (more…)

TV show Suits does patent law….badly

suit-1971670_960_720Season 6 of the US TV show Suits came to a close over the weekend. If it taught us one thing it’s that you should never use the firm Pearson Specter Litt to prosecute your patent applications.

OK, seeing as Pearson Specter Litt is a fictional law firm there’s not much chance of you engaging the services of Louis Litt as your patent attorney but the show did show a blatant disregard for the basics of the patent system which is why this post is subjecting Suits to the full IP Hit or Miss? Treatment. Is the show’s IP depiction accurate or does it fall short? (You can probably guess which way this one is going to turn out). (more…)

Theresa the Brexit Slayer?

brexit-1481028_1920IPcopy has wondered for a while how the UK’s somewhat surprising announcement last November that we would continue preparations for ratifying the UPC Agreement would play out if the news got wider attention in the media. Despite the Government’s insistence that the UPC is an international court rather than an EU institution I couldn’t see this argument playing well with the readership of certain portions of the press who are champing at the bit for the moment we can retake control of our country. (more…)

Brexit through the Lens of IP Law

brexit-1481028_1920According to the Government’s White Paper on exiting the EU, the 65 million people of the UK are now willing the Government to make the negotiations happen (see PM’s Foreword, paragraph 4). I must have missed my reprogramming session as I’m still waiting for reality to snap back to normal….

However, even if we are now all on board the Brexit Bus, next stop the cliff edge followed swiftly by the foot of the cliff, it’s still good to see a well researched article on the impacts of Brexit on the IP sphere. The world has, of course, been awash with Brexit News Bulletins ever since the result came in but the latest addition,  The Legal Consequences of Brexit through the Lens of IP Law, comes with a sterling pedigree, namely Richard Arnold (a judge at the High Court), Lionel Bentley (University of Cambridge), Graeme Dinwoodie (University of Oxford) and Estelle Derclaye (University of Nottingham). (more…)

Westminster Legal Policy Forum – The future for the UK’s patent framework – Review


logo2wfpIPcopy attended the Westminster Legal Policy Review seminar on 2 February 2017. This post provides a summary of some of the issues raised and discussed at the seminar. (more…)

Unitary Patent Package – The Ratification Game (Italy completes its ratification formalities)

EU shirt2Update (13 February 2017)

According to the website of the Council of the European Union, Italy has now deposited its instrument of ratification (on 10 February 2017) to become the 12th country to complete its ratification formalities. Italy joins the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the twelve countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. Although the EU Referendum in the UK threw the timescale into doubt, the Preparatory Committee recently confirmed that the target date for the unitary patent system to go live is December 2017.

There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if just the UK and Germany complete their own ratification procedures.

Now that Italy has completed all of the formalities we have updated our ratification infographic (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).

ratification-feb-2017

(more…)

UPC update – February 2017

IMG_8533-1IPcopy recently attended two events that discussed updates to the Unitary patent and Unified Patent Court: CIPA’s “The UPC: Where we are and Why” and the Westminster Legal Policy Forum’s “The future for the UK’s patent framework”.

The CIPA event included presentations from Kevin Mooney (Simmons & Simmons and Chairman of the Drafting Committee of the Rules of Procedure of the UPC), Dr Laura Starrs (UK Intellectual Property Office) and Tony Rollins (CIPA President) and the WLPF event included contributions from Kevin Mooney, Tim Frain (Nokia), Tony Rollins, Matt McBrien (BAE Systems) and Margot Fröhlinger (EPO).

IPcopy has summarised some of the points below. (more…)

Euratom, the CJEU, Brexit and the UPC

brexit-1481028_1920IPcopy is finding it difficult to reconcile the UK Government’s various announcements regarding the CJEU with continued participation in the unitary patent scheme.

As discussed in an earlier post we suggested that the Government was going to argue that continued participation in the unitary patent scheme was OK, despite the presence of the CJEU within the unified patent court structure, because domestic patent law would be unaffected by the limited influence the CJEU would have over UPC decisions.

Last week it became clear from the explanatory notes  accompanying the European Union (Notification of Withdrawal) Bill (the “Article 50 bill”) that the Government was intending on pulling out of the European Atomic Energy Community (Euratom) as well as the EU. (more…)

New UPC Implementation Timetable and further UK ratification progress

IMG_8533-0Following the Brexit vote last June progress on bringing the unitary patent system into operation ground to a halt. The last few weeks however have seen a resumption of activities which was confirmed last week when the Unfied Patent Court Preparatory Committee website posted a new timetable for the UPC Agreement to come into force and the Court to open.

All things being equal the Preparatory Committee sees the Court becoming operational in December 2017. Keeping its end of the bargain, for now, the UK also took the next step in its own ratification process. (more…)