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…)
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…)
Episode 4 of the CIPA series on the unitary patent system looked at factors that might impact an applicant’s patent strategy. This entry into the CIPA UPC series covered some similar ground to the first three seminars and so we’ve tried to represent the main points in the table below. This session was notable for the extended Q&A session (which IPcopy personally enjoyed) which, in our view, suggested that there may still be some misunderstandings over how the unitary patent system will work in practice. Some of the themes from the Q&A are also discussed below along with a few other titbits of information.
The speaker, Dave Croston of Withers & Rogers, pointed out that the webinar would not be an algorithm that you could plug factors into in order to develop a patent strategy. Neither would it be an exhaustive look at all strategy based points. Rather the seminar aimed to provide a headline look at a number of the issues. (more…)
We’ve had some developments of sorts over the last week as far as ratification progress for the UK and Germany is concerned. A new version of the Case Management System for the UPC is also expected to arrive shortly. (more…)
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…)
In 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…)
Design registration will go live in the Cayman Islands on 1st of August this year and here is how it all started. (more…)
The Unified Patent Court website announced last week that the target date for the entry into force of the UPC is going to be delayed (the date being targeted was 1 December 2017).
As noted in the announcement the entry into force date was subject to a number of factors such as completing the required number of national ratification procedures and getting enough countries to participate in the Protocol on Provisional Application. A new timetable is expected to be published soon. (more…)
The third in CIPA’s unitary patent seminar series was delivered by Vicki Salmon. This webinar provided a detailed look at the whole unitary patent system, the current patent landscape in Europe and the differences between the two. (more…)