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Nothing over the last few weeks has done anything to dispel the uncertainty that hangs over Brexit. Parliament emphatically rejected the proposed EU withdrawal agreement on 15 January and the last week has seen a number of proposed amendments* to the withdrawal agreement defeated. There are now only around 50 days until Brexit and the UK’s position hasn’t changed much since Article 50 was triggered nearly two years ago…. (more…)
The differences between US and European patent law can often trip up practitioners unless they are careful – while most European patent law is (fairly) well harmonised, US patent law is quite different. While the two are closer in some ways than they have been – obviousness in the US has become much more like inventive step in Europe since KSR v. Teleflex, for example – there are some sharp differences. One subtle one is the interplay between confidentiality and sale. The recent decision in Helsinn Healthcare S.A: v. TEVA Pharmaceuticals USA INC., et al., reported here in IPKat, shows that one very real trap still exists. (more…)
Companies that have not yet considered how their products or services may fall within the definition of Research & Development (R&D) for tax purposes are likely to be missing out on significant tax savings through R&D tax relief.
R&D tax relief rewards companies that are seeking advancement in the state of knowledge in their sector. In the definition for tax purposes1, R&D does not necessarily mean the development of a new product. R&D can involve development of new or improved products, processes, services, devices or materials. Importantly, R&D is not limited to a particular industry. For example, R&D claims can be made in industries such as retail (e.g. improved processes), IT and telecommunications (e.g. software development), food and beverage (e.g. innovative recipes), engineering (e.g. new materials), manufacturing (e.g. automation) as well as the more well-known R&D industries such as pharmaceutical, biotechnology and energy. (more…)
On 14 November, Charlotte Wilding, Senior Associate at Keltie, attended and spoke at the Managing Intellectual Property’s IP Enforcement Forum 2018, which took place in the beautiful Le Méridien, Piccadilly.
The theme of the day concerned how best to deal with IP enforcement in view of the ever-expanding online world. Presentations included a range of topics relevant to IP and covered both the legal aspects of protection, as well as perspectives from marketing experts and academics. (more…)
Whilst Research & Development (R&D) tax relief is now an adult, given that is has been in the UK tax legislation for over 18 years, there are many companies still not claiming the relief they are entitled to or are only scratching the surface in their claims.
Most companies don’t claim because they are simply not aware. HMRC estimate that around 200,000 companies in the UK could be claiming R&D tax relief but only around 40,000 actually do.
As a reminder – to an SME a claim uplifts qualifying costs by an additional 130%, substantially reducing a tax liability or, in the case of losses, an increased loss that can be surrendered in return for 14.5% cashback from HMRC, whether or not that company has paid any tax in the past! A claim can be submitted up to two years after the end of the accounting period.
What are the three main misconceptions or barriers to make a claim? (more…)
It’s probably fair to say that the Prime Minister’s meeting in Salzburg last week did not go as well as the government would have hoped. Talk has now turned to the negotiations being at an impasse and the possibility of a No-Deal Brexit becoming reality seem to have increased.
Given that we’re now all staring out over the cliff edge again it seems a fitting time to take a quick look at the UK Government’s advice notices, that were published yesterday, in respect of patents, trade marks, designs and geographical indications in the event of a No-Deal Brexit. (more…)
The UK Intellectual Property Office recently updated its “IP and BREXIT: The facts” page with further details on its plans for handling European Union Trade Marks (EUTMs), Registered Community Designs (RCDs) and Unregistered Community Designs as the UK exits the EU (see our earlier post on the subject here).
The UKIPO Brexit page also has a few new things to say on the subject of the rights of UK IP professionals to represent clients before the EU Intellectual Property Office (EUIPO). It should be remembered that as a consequence of leaving the EU (and, as things stand, leaving the EEA) UK based IP professionals who can currently represent clients on EUTM and RCD matters before the EUIPO will lose their rights of representation (see more on this subject on the CITMA website). (more…)
Following statements made recently in the House of Commons during an “Exiting the European Union” debate, the UK Intellectual Property Office has updated its “IP and BREXIT: The facts” page with further details on its plans for handling European Union Trade Marks (EUTMs), Registered Community Designs (RCDs) and Unregistered Community Designs as the UK exits the EU.
By way of a brief recap readers will recall the March 2018 version of the draft Withdrawal Agreement covering the UK’s departure from the EU confirmed a number of IP related elements that had been agreed (see the sections in green between Articles 50-57) but that the registration procedure (for the conversion of EUTMs and RCDs) was still the subject of negotiations. (more…)
The 2018 FIFA Football World Cup is well underway in Russia with the teams having played through most of the group games at the time of writing. England fans’ spirits remain unhealthily optimistic with the Three Lions having recorded their highest ever victory in a World Cup match at the weekend with a 6:1 win over Panama. Other major teams have looked unconvincing it must be said, with Argentina scraping through to the knock-out stages a couple of nights ago and defending champions Germany failing to progress out of the group stages following three abysmal performances. Who knows maybe it is England’s year after all…
Although football is the main focus, it’s hard not to notice the role that branding and sponsorships play at the World Cup. Many businesses want their brand to be associated with (and profit from) the world’s most widely viewed sporting event. Following the recent news that England striker Jesse Lingard has registered his goal celebration as a trade mark, we thought we’d have a little look into other trade marks that footballers have registered to protect their personal brands, enabling them to reap rewards both on and off the pitch. (more…)