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CIPA webinar – A practical perspective of the UP/UPC (from an in-house position)

IMG_8533-1The CIPA UP/UPC seminar series continued recently with “A practical perspective of the UP/UPC (from an in house perspective)” from Maja Schmitt, Head of Global Administration at DSM.

Maja presented a slightly different perspective on the unitary patent system and rather than focussing on the unitary patent/unified patent court rules or the intricacies of using the UPC’s case management system, Maja looked at the challenges of mobilising an in-house team into being ready for a system that could move from a state of “nearly ready” to “live” within the space of 6-8 months. (more…)

UK Government White Paper – Brexit and Intellectual Property (IP)

Brexit, the UK Government’s real time demonstration of how not to conduct an international negotiation, rumbles on. The last two weeks have seen a “collective” stance on a Brexit plan thrashed out at Chequers, the subsequent resignations of David Davis and Boris Johnson who it seems weren’t quite ready to be part of May’s Collective, the visit of the US President who apparently suggested that the UK should sue the EU and, perhaps most tellingly of all, a sign on a broken toilet door in the Commons which not unreasonably asked “If we can’t fix a toilet in six weeks, what are our chances of negotiating Brexit in eight months? Just asking.” (I’m not joking. Picture at the bottom of this post!)

As well as all of the above and in amongst the usual chaos of knife edge votes in the Commons and a former Cabinet Minister asking for a second Referendum (surely if that happens we need best of three?), the UK Government published its White Paper on “The Future Relationship Between the United Kingdom and the European Union”. The White Paper mentions a little bit about IP so let’s dive in. (more…)

CIPA Seminar: Unitary Patent and Unified Patent Court for Attorneys

IMG_8533-0The CIPA seminar series relating to the unitary patent and Unified Patent Court resumed last week with the session “Unitary Patent and Unified Patent Court for Attorneys”. This session, which was presented by Julia Gwilt, took a look at the ways in which the unitary patent system may impact the way that European Patent Attorneys will need to work.

The session provided a quick overview of the unitary patent system and then took a closer look at the procedure before the EPO (when requesting unitary effect) and the procedure before the Unified Patent Court (when requesting or withdrawing an opt-out).

We won’t cover the basics of the unitary patent system again here and readers wanting a quick recap of the system are invited to check out IPcopy’s report on the first CIPA seminar on this subject which can be found here. (more…)

UPC – still a long way to go…

brexit-1481028_1920On 26 April 2018, World IP Day, the UK surprised more than a few people by ratifying the UPC Agreement and in the process taking the total number of countries who have ratified the agreement to 16. The UK press release that accompanied this announcement stated “Our ratification brings the international court one step closer to reality”.

Since the ratification process only requires 13 member states, including France, Germany and the UK, to ratify then it might appear to some that German ratification is the only remaining obstacle to the unitary patent system going live.

However, IPcopy suggests that it is still too soon to be able to say if and when the system will come into force. (more…)

UPC Ratification: The UK completes its ratification formalities

EU shirt2According to the website of the Council of the European Union (and just about every other official IP channel), the UK deposited its instrument of ratification (on 26 April 2018) to become the 16th country to complete its ratification formalities. The UK joins Latvia, Lithuania, Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the sixteen countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. However, the German Constitutional Court challenge has thrown the timescale and the long term future of the unitary patent system into doubt.

There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if Germany completes its own ratification procedures and sufficient approvals to the PPA are obtained.

Infographic UK

(more…)

Mark Richardson 27 April 2018

UPC Update February 2018: UK and DE progress and the future of the UPC

IMG_8533-0The UK has now completed all its legislative steps with respect to the UPC Agreement and UPC’s Protocol on Privileges and Immunities and is in a position to ratify the UPC Agreement. However, the potential timescale of the constitutional court challenge in Germany and the remaining ratification/implementation period means, in IPcopy’s view, that the UPC system will not come into force, at least in its current configuration. (more…)

UPC ratification: Latvia completes its ratification formalities

IMG_8533According to the website of the Council of the European Union, Latvia has now deposited its instrument of ratification (on 11 January 2018) to become the 15th country to complete its ratification formalities. Latvia joins Lithuania, Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the fifteen countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. Brexit in the UK and a court challenge in the German Federal Constitutional Court (GFCC) has put the brakes on the progress of the unitary patent system. (more…)

Is it time to bury the UPC yet?

IMG_8533-1Just before Christmas, the Preparatory Committee for the Unified Patent Court (UPC) published an online article, looking ahead into this new year. Optimistic as usual, the committee expressed to be “hopeful the New Year will bring closure to [its] endeavours and the Unified Patent Court will become a reality”. Some words were spent on the delay caused by the challenges to the German ratification of the Agreement at the German Federal Constitutional Court (GFCC), but most of the article was meant to inform the future users of the unified patent system about the provisional application of the Agreement in the months before the Court will actually start. The article included no words on Brexit and the as yet unclear future relation between the EU and the UK. (more…)

Brexit and IP – looking ahead in 2018

IMG_8533Following the UK’s EU referendum and the triggering of the Article 50 notification, the UK is currently scheduled to leave the European Union on 29 March 2019. Until the final arrangements between the UK and the EU are known there is widespread uncertainty in a range of areas including the intellectual property system within the UK.

For example, a particular IP related area of concern is what will happen in respect of EU Trade Marks (EUTMs) and Registered community designs (RCDs) post-Brexit. Without arrangements to the contrary it is unlikely that such EUTMs and RCDs will continue to cover the UK post-Brexit. [However, it is noted that it is completely within the UK’s ability to arrange for the implementation of an equivalent UK trade mark or design right to mirror the EU right. As such, holders of EUTMs and RCDs should expect that, even if arrangements are currently unclear, it is highly likely that the UK will announce the mechanism for continued protection in due course.]

As the UK and the EU move into the next phase of the Brexit negotiations IPcopy thought that this would be a good opportunity to recap how the referendum result impacts the IP world, what the current official announcements are and what action IP right holders can consider taking now. (more…)

The Lords consider the UPC: “Where is it?”

IMG_8533With the ongoing UPC related court case in Germany and the uncertainties arising due to Brexit, the preparations for the unitary patent system have, for the moment at least, something of the feel of a dead rubber match in a sporting competition.

Perhaps, once (if?) the German case allows German ratification preparations to continue and the UK has managed to make its intentions clear, the project will get up and running again. Until then any developments have, to my mind at least, the feel of going through the motions.

It was against this backdrop that the House of Lords Grand Committee met on 6 December 2017 to consider the draft Unified Patent Court (Immunities and Privileges) Order 2017. The approval of this Order by the House of Lords and its subsequent approval (along with the corresponding Scottish Order) by the Privy Council are the last pieces of the UK’s ratification process that need to be completed before the UK can formally ratify the UPC Agreement. (more…)