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Patents for the Summer Holidays

Motorised ice cream cone

Summer is here which can mean only one thing. It’s time to give you a run down of the weird and wacky intersection of the vacation industry and the patent system! (more…)

How Wimbledon secured their colour mark

Wimbledon

Photo courtesy of Roy Scott

In a first for IPcopy, we have a podcast for you today!

Zane Shihab,  partner at Kerman & Co LLP, and Manuela Macchi, partner at Keltie LLP, speak to LawInSport CEO, Sean Cottrell and Editor, Chris Bond about the importance of trade mark registration in sport and take review the merits of Wimbledon’s successful registration of the purple and green colour mark.  (more…)

20 Years on – Hong Kong and the Handover

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Image from pixabay.com

IPcopy is delighted to post the following article from Tim Hancock at Haldanes in Hong Kong in advance of the 20th anniversary of the Hong Kong Handover.

It is hard to believe that 20 years have passed since the event that dominated headlines at the time.  30 June 1997 was the last day that sovereignty in Hong Kong resided in United Kingdom.  1 July 1997 was the first day on which China re-acquired that sovereignty.  Many colonial powers have returned control of their former dominions to the inhabitants.  The situation in Hong Kong, with sovereignty transferred to a different country, was unique.  Portugal then reached a similar arrangement with China in relation to Macau, but that grabbed less attention as the transfer took place on 1 January 2000 (a date on which there was considerable competition for headline news).

I have many vivid memories of the time.  Rain is one such memory – almost as much rain as fell on INTA when it was held in Hong Kong in 2014.  I also remember Chinese troops pouring over the border (only to return the next day – not to be seen again).  Others will have their own memories, but for readers under 35, perhaps a brief history will help place the event in context. (more…)

IP Unjustified Threats Act 2017

WestminsterIn what has been a politically and legislatively busy period, IPcopy notes that the new Intellectual Property (Unjustified Threats) Act 2017 was granted Royal Assent on 27 April 2017. The purpose of this act is, in essence, to prevent groundless threats being issued against a party relating to purported IP rights while harmonising the position across patent, trade mark and design rights. Currently available provisions can expose an IP rights holder with a potentially genuine claim to the risk of becoming a defendant themselves, resulting in the rights holder bearing the burden of proof of infringement. For a claimant who may be financially unable to expose themselves to such a risk, this potentially provided a steep barrier to entry and could lead to genuine grievances being abandoned. It is also acknowledged that, whilst it is necessary to offer a defendant a method of defence against a baseless and aggressive threat, it has the potential to create an overly litigious atmosphere, and disputes which could be solved with discussion are instead hauled in front of the courts.

The reforms presented in the Act aim to remove such deficiencies by more clearly defining what does and does not constitute a ‘threat.’ In addition, provisions are now included which bring trade mark and design legislation into accordance with the position for patents. A summary of the key changes brought into effect with this Act are outlined below. (more…)

Designing design right protection in the Cayman Islands

Cayman Islands flagBackground

Design registration will go live in the Cayman Islands on 1st of August this year and here is how it all started. (more…)

Did the “inventor” of the fidget spinner really miss out on a fortune?

SpinnerFidget devices are everywhere. My own kids have somehow acquired at least two variants including the fidget cube and the fidget spinner. Recently the explosion in popularity of these toys has been accompanied by a series of news articles (The Guardian, The Daily Mail, The New York Times) focusing on the inventor of the spinner,  Catherine A. Hettinger, a small time inventor who, as the story goes, missed out on a huge payday because she couldn’t afford the renewal fee on her patent for the spinner toy.

This story seems to have caught the imagination of the public (or at least the press) with its story of the lone inventor who was cut off from the success that followed.

Only, it seems to IPcopy that this story is misleading, “fake news” to use the terminology of the moment, since the patent arguably doesn’t cover the fidget spinner device and would not have lasted this long under any circumstances…. (more…)

Two Keltie events for London Tech Week 2017

LTW_728x90London Tech Week, a week long festival of events in London showcasing the best of tech, returns this summer (12-16 June) and Keltie is again taking part with two separate events.

1)  Surviving the Valley of Death – and having a good business afterwards

On 13th June Keltie will be co-hosting a seminar focusing on the legal, IP and finance challenges facing start-up companies. We’re delighted to be presenting this seminar with experts from Moore Blatch (legal service provider to the tech sector), Newable (startup business advice)  and Seraphim Capital (a UK based venture capital firm). Our seminar listing (see link below) has full details of the event including how to book and firm and speaker biographies.

Link to Seminar listing

 2)  Intellectual Property Clinics: protecting your inventions, branding and designs

We will also be running a series of IP clinics again which are the perfect opportunity for start-ups and entrepreneurs wanting to discuss the protection of their inventions, trade marks and designs.

Each clinic session lasts 45 minutes. Our clinic listing (see below) has full details including how to book (Note: booking essential). IP clinics are available anytime from now until 16th June.

Link to IP Clinics listing

Franchising

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Swarovski rank in the top 50 franchises in Europe*

This post provides an overview of the recent seminar: Franchising presented by Jas Cheema of Moore Blatch LLP.

 

The seminar aimed to give an overview of franchising and in particular current trends in franchising growth, importance of developing a brand and demonstrating a proven business model and key issues to be aware of when entering into a franchise agreement. (more…)

Start Ups… are about Structures, Money and People

By getting things right at the beginning, a Start Up can facilitate growth at a faster pace and be ready for the bigger challenges and hurdles coming down the line. (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…)