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Top 10 Points from UK Court Decisions from 2013 (CIPA Event 27 November 2013)
Today we have a guest post from Suleman Ali of Holly IP and K2. This post was originally posted on the Holly IP blog IP Trends and is reproduced with the permission of the author.
These decisions were discussed at a CIPA event on 27 November 2013, and the following points are based on the cases selected by the speakers.
Criminal courts as a forum for design infringement
Parliamentary copyright images are reproduced with the permission of Parliament
We’ve written quite a bit about Clause 13 of the Intellectual Property Bill on IPcopy but with the IP Bill now on the verge of its second reading in the Commons the time left to change the Bill is running out. The specific clauses and their wording will be discussed in the Committee stage of the Bill which may occur before Christmas.
It would be my preference for Clause 13 to be deleted in its entirety from the Bill for a number of reasons, one of which is discussed in more detail below. The intention behind the clause is to provide stronger rights for designers which is, of course, a laudable aim. However, I question whether this clause is the correct vehicle for those improved rights. Alternatives such as extending the small claims track of the Intellectual Property Enterprise Court to hear registered design cases would also enable registered design rights holders to bring cases more cost effectively. ACID themselves appear to have had great success with mediation which is a process that could be formalised and expanded in my view to provide another option to rights holders.
However, instead we have Clause 13 which will make it a criminal offence to copy a design. In this article we’ll look a little more at the forum that such cases will be heard in.
IP News Nuggets
Here’s a selection of IP related news articles that caught the eye of IPcopy in the last few days. (more…)
Proposal to amend Brussels I Regulation rumbles on
As noted back at the end of July the European Commision adopted a Proposal (2013/0268 (COD), which can be found here) for a regulation amending the Brussels I Regulation on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Reg. No 1215/2012). This amendment is necessary to bring the Agreement on the Unified Patent Court into effect. (more…)
UK: Intellectual Property Bill – Date of 2nd reading in Commons announced
Parliamentary copyright images are reproduced with the permission of Parliament
A brief update on the Intellectual Property Bill. The Parliament website has just been updated with a date, 9th December 2013, for the Bill’s second reading in the House of Commons. The current version of the Bill, as brought from the Lords, can be found here.
The first reading of a Bill in the House of Commons is usally a formality and takes place without debate. The second reading of the Bill rsepresents the first time that MPs can debate the general purpose of the Bill. Individual clauses and amendments will be covered in the next stage, Committee stage.
Update (10.12.13): the 9th December session in the House of Commons was devoted to tributes to Nelson Mandela. It is IPcopy’s understanding that the second reading of the IP Bill will now occur after the Christmas break.
Mark Richardson 29 November 2013
Scotland’s future & IP
The Scottish government released its White Paper on Wednesday mapping out Alex Salmond’s vision for an independent Scotland. The full 670-page report is available here and it details “the most comprehensive blueprint for an independent country ever published” (BBC). Whether that’s completely accurate or not I guess only time will tell but a quick skim seems to suggest that it could be summarised as “anything that we’ve got now that’s good, we’ll keep. Everything else will be better.”
Buried deep within the White Paper in the Q&A section of Part 5 are a couple of references to intellectual property.
CIPA “The UPC Needs You” webinar & other unitary patent snippets
A couple of weeks ago, on 13 November, CIPA held a webinar (“The UPC is calling You”) on the application process for unified patent court judges. The closing date for expressions of interest for UPC judges was 15th November 2013 and according to the Unified Patent Court website there has been an overwhelming response to the call for expression of interest of candidate judges. Not bad for a job where the salary, benefits, exact training schedule etc are not yet known!
IP Bill & Clause 13 – an IPcopy response to an ACID response to a Katpost
Parliamentary copyright images are reproduced with the permission of Parliament
Last night IPKat posted a reply from Dids Macdonald of ACID on the recent series of posts relating to Clause 13 of the Intellectual Property Bill. Merpel (of IPKat) interspersed some comments into Dids’ views which helped throw a light on some of the comments being made.
However, having read the post a couple of times we felt moved to write a response to the post on IPKat. Since the resultant response was so long we’ve posted it here on IPcopy and have submitted a link to this article for inclusion in the comments section of the original post on IPKat. (more…)
Movember patents: Top five moustache-related patents
It’s Movember folks! The time of year when gentlemen around the world cultivate facial topiary to raise money for excellent causes. And so that they can look dashing, of course.
IPCopy is celebrating Movember with a run-down of our favourite moustache-related patents. Why some of these products are no longer available for purchase in a gentleman’s fashion establishment near you is a total mystery…
The Unitary Patent and the UPC – CIPA seminar 19th November 2013
Yesterday I had the pleasure of speaking at the CIPA seminar “The Unitary Patent and the UPC” with Alan Johnson of Bristows LLP and Tim Roberts. A copy of the slides for my section of the talk is enclosed below along with some links to additional information covered in the talk (the Poland Deloitte report and some views on the impact of the Scottish Referendum).
IPcopy 