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High Court quashes private copying exception

MontyPythonIn October 2014, new legislation came into effect that legalised format shifting (e.g. CD-ripping or e-book conversion etc.) for private non-commercial use. However, a High Court judgement before Mr Justice Green issued last week quashed the Statutory Instrument used to bring in the legislation. This means that ripping music and films you own is illegal, again.


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

EU shirt2

Update (22 May 2015)

According to the website of the Council of the European Union, Luxembourg has now deposited its instrument of ratification (on 22 May 2015) to become the seventh country to complete its ratification formalities. Luxembourg joins Malta, Denmark, Belgium, Sweden, France and Austria as one of the seven countries who have completed their ratification processes.

Regular readers will recall that we noted back in March that Luxembourg had ratified the UPC Agreement but had not deposited its instrument of ratification in Brussels.  Now that Luxembourg 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 May 2015



UPC Court Delivers Swift Justice

EU flagOn 2nd April 2015 we saw, for the first time, an approximation of the Unified Patent Court (UPC) in action during an excellent live-from-Paris webinarized event set up by a plethora of French IP institutions. Indeed, the sheer number of acronymical institutions (thirteen!) representing the interests of the French IP industry was almost as impressive as the high quality of the broadcast itself. (more…)

UKIPO report on 3D printing lacks dimension

3D printExcitement around 3D printing waned somewhat in 2014 from its meteoric rise in late 2013. Nonetheless, lawmakers and policymakers have been keeping an eye on this disruptive technology, leading to a UK Intellectual Property Office-commissioned report entitled A Legal and Empirical Study into the Intellectual Property Implications of 3D Printing, for which the executive summary was recently published.

The report is actually a wrapper for two separate studies. These were jointly carried out by the Centre for Intellectual Property Policy & Management (CIPPM) at Bournemouth University and Econolyst Ltd, a consultancy specialising in 3D printing.

The first study comprised an analysis of how copyright law may be may be affected by the emergence of 3D scanning, and the creation and modification of digital design files. Additionally, it reviewed file-sharing websites including MakerBot’s Thingiverse, Autodesk’s 123D and GrabCad which are dedicated to computer-aided design (CAD) to provide a view on the types of print products available, their price, popularity and usage licences.


Unitary Patent Package – The Ratification Game (Malta Ratifies the UPC Agreement)

EU shirt2

Update (10 December 2014)

According to the website of the Council of the European Union, Malta deposited its instrument of ratification on 9 December 2014 to become the sixth country to complete its ratification formalities. Malta joins Denmark, Belgium, Sweden, France and Austria as one of the six countries who have completed their ratification processes.

Now that Malta has joined the “ratification” group it means that the “Malta Problem”, which is discussed in depth here, will kick in once the unitary patent system is up and running. In a nutshell, no European patent application filed before 1 March 2007, and which is still pending, will be eligible to become a unitary patent (assuming it grants after the unitary patent system goes live).

Recent unitary patent themed seminars have given the impression that additional UPC ratifications in 2014 were unexpected so this news is something of a surprise. However, we had heard suggestions back in January this year that Malta might have ratified. If the news story we picked up on earlier in the year was correct then presumably Malta delayed depositing its instrument of ratification for nearly a year for some reason.

IPcopy’s ratification infographic has been updated to reflect the news from Malta (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).

Ratification Dec 2014 - Malta


What’s my line? The role of a paralegal

paralegalRoy Scott, Keltie LLP’s Senior Paralegal and a member of the ITMA Seminar Working Group, recently had an article published in the ITMA Review regarding the role of paralegals. Here is a copy.

The Oxford Dictionary definition of the role of a paralegal is “a person trained in subsidiary legal matters but not fully qualified as a lawyer” – an interesting definition that is interpreted in many different ways in both the UK and US.

It also provided a stimulating topic for discussion at ITMA’s July and August roundtable discussions for Trade Mark Administrators. ITMA President Chris McLeod opened proceedings by addressing the audience and giving his interpretation of the role of a paralegal and how this varied from firm to firm. To highlight this point, the later discussions were focused around the role of a paralegal in-house, in a law firm and in a Trade Mark Attorney business. (more…)

Intellectual Property Act – Patents Opinions Service

Court (Small)The Intellectual Property Act 2014 received Royal Assent on 14 May 2014 and makes a number of changes to intellectual property (IP) law in the UK.  The provisions of the Intellectual Property Act start to come into force from 1 October 2014. In this post we take a look at the UKIPO’s Patents Opinions Service. (more…)

Private Copying and Parody Exceptions – What’s Changed?

Image from Wikipedia. User: Hellisp

Image from Wikipedia. User: Hellisp

IPKat broke the news this Monday that revised draft Statutory Instruments for Personal Copies for Private Use and Quotation and Parody copyright exceptions have been released by the government.

As readers may recall, in March this year, five draft legislations (covering Personal Copies for Private Use, Quotation and Parody, Disability, Public Administration and Research, Education, Libraries and Archives) were published that were to modernise UK copyright law. These were slated to become law on 1 June 2014. However, in May, it emerged that two of these exceptions, Private Use and Parody (arguably the two most important sets of changes), would be considered at a later stage.

Now, the amended draft legislation on these two outstanding exceptions has been published. So what has actually changed?


IP Bill becomes the Intellectual Property Act 2014

GB+EU flag[Update 19.5.2014: the Intellectual Property Act 2014 has now appeared on the legislation.gov.uk website and can be accessed here]

The Intellectual Property Bill left the “ping pong” stage last month after the House of Lords approved the amendments made to the Bill by the House of Commons. Yesterday evening, the IP Bill received Royal Assent to pass into law as the Intellectual Property Act 2014 (House of Lords Hansard; Parliament (Intellectual Property Act 2014)).

As noted on the Department for Business Innovation and Skills website it is expected that some measures within the Act will come into force in October 2014, with all the measures being implemented by late 2015. (more…)

Private copying and parody copyright exceptions removed from consideration [Updated]

Image from Wikipedia. User: Hellisp

Looks like we’ll be keeping those CDs for a little bit longer….. (Image from Wikipedia. User: Hellisp)

Labour MP Iain Wright tweeted yesterday afternoon that the exceptions for Personal Copies for Private Use and Quotation and Parody were “pulled from consideration” by the Government after the House of Lords Secondary Legislation Scrutiny Committee. (more…)


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