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UPC Rules of Procedure Consultation Event for Stakeholders: A round-up, and a few views

EU flagLast week, ipcopymark and ipcopyemily ventured out of the open plan, into the late summer sunshine, and headed towards Bristows’ offices for the ‘UPC Rules of Procedure Consultation Event for Stakeholders’, jointly hosted by Bristows LLP, the IPO, CIPA and the IP Federation. What unfolded was a thoroughly interesting two hours of discussion, explanation, comment and debate. The level of knowledge of the UPC among the audience was remarkably high, and it was clear that everyone in the auditorium was highly invested in the eventual content of the Rules of Procedure.

The event was chaired by Bobby Mukherjee from the IP Federation; Neil Feinson from the IPO, who is a member of the Preparatory Committee, also spoke, and the discussion panel consisted of Lord Justice Floyd, Kevin Mooney of Simmons and Simmons (both members of the Drafting Committee that has been preparing the draft of the Rules of Procedure), Alan Johnson of Bristows and Richard Vary of Nokia. A recording of the event can be found here.

Seven topics of particular interest were discussed, and below is a brief summary of the issues and commentary on each. But before we turn to these seven topics. IPCopy would like to offer some brief musings of its own on why all of this matters… (more…)

G1/10 – Portion vs Position: Where are they now?

epologoAround this time last year, decision G1/10 of the Enlarged Board of Appeal was published by the EPO, and over at IPCopy, we’re paying it a little re-visit. ‘Why ever is that?’ I hear you cry! Well, I’m so glad you asked. Separate opposition proceedings relating to the patent in question were in progress when G1/10 was issued; the oral proceedings were scheduled for this month, and an interesting decision was due to be made, so IPCopy took a little look at the EP patents register to see what happened. (more…)

Unified Patent Court News: European Commission Adopts Proposal for Amendment to Brussels I Regulation

EU flagBreaking news from IPCopy (with a shout-out to the eagle-eyed Giles Parsons of Browne Jacobson for the heads-up): The European Commission has adopted the Proposal for a Regulation amending Regulation No 1215/2012 (the ‘Brussels I’ regulation). This amendment has been eagerly anticipated by Unitary Patent spotters, and is necessary to bring the Agreement on the Unified Patent Court into effect.

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Patent Marking on Vintage Recreation Products – Inspired by Gretsch® Guitars

Gretsch for blogYou may not believe it, but in her spare time, this IPCopy writer does occasionally turn to pursuits other than combing through Unitary Patent legislation (no, really). Not so long ago, she was perusing the website of Gretsch® guitars, on the brink of doing some damage to her wallet, and stumbled across something that caught her eye*.

Gretsch® has been around since the 1880s, and started out making banjos and ukuleles, soon progressing to guitars. Today, they  focus on vintage-style guitars,  some being recreations of earlier instruments. Why on earth might you care about this? Well, recreating the appearance of  a vintage instrument is relevant to the important subject of patent marking (no, really).

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Refund of Search and Examination Fees at the EPO – Increased Transparency

Administration Process at the EPO is not the sexiest of IP subjects, this IPCopy writer will admit. But when that process affects your wallet (or your client’s wallet), it becomes a bit more interesting.

The EPO is finally increasing the transparency of the process for the refund of Search and Examination fees, and IPCopy is pleased to have seen it! Here’s a quick look at what the problem has been until recently, and the ‘technical and administrative solution’ that the EPO has now implemented.

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Name that IP Right – A Cheat-Sheet

newspaperAre you writing about Intellectual Property Rights?

Are you writing about the right Intellectual Property Rights?

Experience suggests there’s a good chance you aren’t (see ipcopymark on this subject here). But don’t worry, IPcopy is here to help! Here’s a handy flow chart you can follow to make sure you don’t get your trade marks confused with your design rights, or your patents confused with your copyright. Run through it if you find yourself about to type a phrase like “Company X have patented the copyright in this technology” or “the manufacturing process infringes Company Y’s trade marks“. And if you’re still stuck, feel free to drop us a line to check!

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The Official Fifteenth Draft Rules of Procedure of The Unified Patent Court – What’s new!

EU flagThe official (fifteenth) draft of the rules of procedure of the unified patent court has officially been unleashed on the world (take a look here), and the public consultation has now begun. You have until 1 October 2013 to submit your comments to the preparatory committee (details here), so get writing.

IPCopy has produced a tracked-changes version of the draft rules, comparing the newly-released official fifteenth draft, and the previous fourteenth draft, which you can find here. We’ve been combing through the new draft Rules to see what’s of interest.

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The Unitary Patent and the Fee-saving Myth: Time to put that misleading £20,000 figure back in its box, please.

Anger levels versus pork pie consumptionOver at IPCopy, we’re annoyed. Sighs are echoing around the open plan. Hands are being thrown up into the air in despair. Ipcopymark is particularly riled, and had to be placated with a helping of pork pie.

What could have ruffled our collective feathers, I hear you ask? Well, the UKIPO website has a new webpage with details of the UK Intellectual Property Bill. This in itself is not the source of our aggravation (indeed, there is some good juicy stuff to be found there, including a link to a marked-up copy of the proposed changes to legislation, and details of the proposed secondary regulation, which the IPCopy team has been surveying with interest1), but this informative new webpage includes something that really got on our wick.

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Kim Dotcom and the Two-Factor Authentication patent: Inventor or not?

Twitter has finally got itself two-factor authentication in a bid to help stem the flow of account hacking. Following Twitter’s announcement, Kim Schmitz (better known as Kim Dotcom), the man behind Megaupload (you know, that file sharing site in a spot of hot water over in the US right now), made an announcement of his own: he, in fact, was the inventor of two-factor authentication, and holds a patent for it.

So is this true? IPCopy delves into the public records…

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The 15th Draft Rules of Procedure of the UPC: What’s new? [Updated]

EU flag

Recently, a copy of the 15th draft rules of procedure of the Unified Patent Court, was released. We now understand from the Bristows UPC website that this version of the 15th draft rules has not been approved by the rules committee and may be subject to further change. We will keep you updated on the official 15th draft and will link to it on IPCopy as soon as we can get our mitts on it. Before it became apparent that the circulated version was unofficial, IPCopy put together a tracked-changes version of the Rules comparing the fourteenth and (unofficial) fifteenth drafts, so you could spot the revisions easily.

We’ve decided to keep this tracked-changes version available on IPCopy for now, and when the official 15th draft is released we’ll be taking another look. For the time being, and on the understanding that some of these changes might be undone in the official version, here’s a look at the changes that caught IPCopy’s collective eye…

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