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Monthly Archives: June 2019

A sad announcement from Keltie – Roy Scott 1968 – 2019

Roy Scott 1968-2019 (2)It is with great sadness that we have to announce that our dear friend and colleague, Roy Scott, passed away on 21 June following a long battle with illness.

It is an incredibly sad time for us at Keltie who have had the pleasure of Roy’s company for more than sixteen years. He was our Senior Paralegal and brought vast experience, in so many imaginative ways, to our paralegal team and to us all. Keltie would simply not be the place it is now without Roy’s overwhelming contribution and infectious charisma. He was also renowned for his contributions to the profession as a whole and inspired so many through his lectures and training, both internally at Keltie and externally through CITMA, CIPA and TMAP.

Roy was an incredible man with an amazing spark and the most joyous and upbeat character which shone through always, even in more recent and difficult days. He is completely irreplaceable to us, as a friend and colleague, and we will miss him dearly. Our thoughts and prayers are with Roy’s family especially at this very sad time.

Brexit and IP – updated overview

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This article is an updated version of a previous Brexit related article which takes into account the UK’s revised date for leaving the EU.

Following an extension agreed by EU leaders back in April, the UK is now expected to leave the European Union on 31 October 2019. The UK’s departure from the EU may have an effect on your Intellectual Property Rights. This article is designed to briefly set out those potential changes.

“Exit Day”

There is a key ‘switch-over’ date for IP, which is referred to here as “Exit Day”. The exact date of Exit Day will be different depending on the manner in which the UK leaves the EU.

In the event of a “No Deal” Brexit, where a Withdrawal Agreement has not been agreed by both sides, the UK will leave the EU without any transition period and Exit Day will be the end of the Article 50 period. Currently the end of the Article 50 period is 31 October 2019, though this date could potentially be extended again if there is still no agreement by that date.

If the Withdrawal Agreement is agreed by the EU and ratified by the UK, this provides for a transition period during which the UK will no longer be part of the EU, but will still be bound by EU rules. In this scenario ‘Exit Day’ is the end of this transition period (the end of December 2020 at least though potentially this date could also be extended).

References to “Exit Day” below should therefore be read as encompassing either the “No Deal” exit day or the exit date at the end of the transition period.

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Patent Amendment in the US and Europe

us-europe flagThis article compares amendment of patent applications before the USPTO and the European Patent Office (EPO), focussing on the differences in law and practice between these jurisdictions.  Adaptation of a PCT application for regional phase entry in each jurisdiction is also discussed.  References are made to the EPO Guidelines, which is the main source for European Patent Office practice.  Some guidance is also provided on differences between claim interpretation in Europe and the US. (more…)

Misleading Invoices: The Brexit Edition

brexit-1481028_1920In April 2019, the EU agreed a second delay to the UK’s departure from the EU and set a new departure date of 31 October 2019. Following EU leaders’ talks about the new Brexit delay, President Donald Tusk told the UK: “Please don’t waste this time”.

A couple of months on from Tusk’s press conference the UK appears to be doing everything it can to ignore that request as we watch the Conservative Party continue to tear itself apart by holding a leadership contest and the Labour Party leader continue the party’s policy of constructive ambiguity as far as its Brexit policy is concerned.

Although the UK political parties and most of the country seem to be gripped by an ongoing Brexit paralysis (#JustMakeItStop), one group of people have been quick off the mark hoping to cash in on the uncertainty around Brexit.

Yes, misleading IP related invoices are back and this time the companies sending the “invoices” are hoping to persuade their recipients into parting with their hard earned cash by paying for totally unnecessary UK trade mark and design registrations. (more…)