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According 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…)
Innovation & Entrepreneurship START! Challenge hosted by the Imperial College Business School’s Enterprise Lab
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…)
Joining the ranks of hybrid food combos such as the Cronut, Duffin and Cruffin this week was the Hamdog (click for image), an unholy alliance/mashup of genius (delete as appropriate) of a hamburger and a hotdog1. What got IPcopy’s interest however wasn’t the culinary flair on display but the fact that seemingly every mainstream news outlet was reporting that the inventor (if that’s not too strong a word) of the Hamdog had “patented” his creation (see this BBC article by way of example).
The article in The Mercury goes further with the story and notes that the “inventor” Mark Murray was successful in “securing a US patent for the “combination hamburger hot dog bread bun” in 2009.” Mr Murray himself is quoted as saying “Everyone told me it wasn’t possible, because you’d need a patent lawyer and it would cost millions of dollars“.
Now this IPcopywriter may just be demonstrating the pedantic leanings of the average patent attorney but we couldn’t let this story pass by without comment, for Mr Murray has not “patented” his gastro-creation (in the sense that we’d normally use the word patent in the UK and Europe). Instead, as we’ll explain below, this “news” item is just another example of a particular type of terminology confusion that arises when reporting IP in the media2. (more…)
It’s been just over two months since the UK decided to take back control and, as the summer parliament recess comes to an end, IPcopy thought it would be a good time to take stock of where things stand.
The process of Brexit has been split between three Ministers – the Three Brexiteers of Johnson, Fox and Davis – which has already resulted in some turf wars. David Davis, heading up the Department for Exiting the European Union, has raised some eyebrows by claiming that the UK could do one-to-one trade deals with individual member states of the EU (it can’t) and that he wants to negotiate a trading area 10 times the size of the EU which sounds impressive until you realise that that would actually be 1.5 times bigger than the economy of the entire planet Earth1. (more…)
What is UK design right?
UK unregistered design right (also referred to as UK design right) covers the shape or configuration of an object, but does not protect surface decoration. It is an automatic right, meaning that no registration is required.
To be protected by UK design right, a design must be original. This means that the designer must have designed the design independently and the design must not be “commonplace” in the design field in question. “Commonplace” means that the design must not be widely known in the design field in question in the UK, the EU or any one of a number of other qualifying countries mentioned below. (more…)
On 23 June 2016 the UK public voted in favour of the UK leaving the EU (commonly referred to as ‘Brexit’). If and when the UK formally starts the exit procedure, there will be at least a two-year negotiation period before the exit itself occurs. So, any changes won’t be implemented for some time yet.
Any UK national IP rights will be unaffected by Brexit. Some EU IP rights that have effect in the UK will be affected to different extents. Crucially, no IP rights will be lost as a result of Brexit, although some transitional measures are inevitable.
IPcopy takes a look at the key impact Brexit will have on IP, and what you should be considering now. (more…)
The UK design sector is extremely important to the UK with the Design Council’s Design Report of 2015 suggesting that the UK’s design economy generated over £70 billion in gross value added (GVA). The ability to protect intellectual property is vital and for the design sector the registered design right is a crucial available means of protection.
The recent Trunki decision at the UK Supreme Court made headlines recently with some designers fearing that the decision would cause uncertainty within the design industry (see, for example, “this decision will create chaos and confusion”; the “blow to Britain’s design community”; and, “this plunges design law into an abyss”). (more…)
The only alternative to the EU is chaos? Brexit and trade marks/designs discussed at the CIPA Symposium
The European Council president Donald Tusk suggested recently that Brexit could bring chaos. Does this doom laden warning extend to the world of IP?
In an earlier post we covered the discussion at the CIPA Symposium on Brexit as it related to the unitary patent system (summary: Brexit probably won’t be good for the unitary patent). In this post we recap some of the issues discussed in the sessions on general legal implications of withdrawal from the EU, the impact on European trade marks and Community registered designs and some wider implications of Brexit. (more…)
On 19 April 2016, two members of Keltie’s Design and Trade Mark Team, Emily Weal and Manuela Macchi, hosted a panel at the Managing Intellectual Property (MIP) Luxury Brand & Retail Forum in New York. Please see here for the conference programme.
The conference was attended mostly by New York based attorneys representing both US and European luxury and retail brand owners as well as by a good number of US private practitioners and a few European attorneys.
The Keltie-hosted panel included also Lynn Schreier, Senior Intellectual Property Counsel of the crystals, jewellery and accessory manufacturer Swarovski and brought to the delegates a European perspective on design protection, pre-product launch design clearance and 3D trade marks as a complement to design protection. (more…)
Easter is upon us and across the land thousands of children are planning on celebrating the story of the Resurrection by stuffing themselves full of chocolate. (Those of you idly wondering what the Easter Bunny has to do with the Resurrection of Jesus are cordially pointed to this explanation!)
IPcopy thought we’d take this opportunity to see what kind of Easter related IP we could find…
US Design Patent USD703277 discloses a set of toy bunny Easter egg ears. Of note however is the downright sinister bunny depicted in the drawings (see for yourself below). My 9 year-old son saw this picture and declared “he looks like he wants to kill someone”. Possibly not the angle the draftsman was aiming for… (more…)