A stocktake of your IP
Today on IPcopy we are pleased to welcome guest contributor Annette Freeman:
This article by Ian Cockburn lists five reasons why businesses should identify, understand, account for and manage their intellectual property, the so-called “intangible assets” that often hide real and unexploited value. You might be surprised by some of these reasons. Let’s take a closer look:
How to Cut the Cost of Filing PCT applications in the UK (and Europe)

In a world where it is rare to get something for nothing, most would view the headline for this story with a hint of cynicism and an expectation that somewhere there is a hidden catch. However, this IPCopy correspondent wishes to assure you that there is a way for the UKIPO and other national receiving offices in Europe to cut the costs of filing PCT applications without losing a single penny/cent/krona of national revenue. The answer is to follow the market-led approach of our enlightened American counterparts. (more…)
IP challenges and solutions
Today on IPcopy we are pleased to welcome the return of guest contributor Annette Freeman (Freeman IP/K2):
In 2012 IQPC released a paper reporting on trends in IP as seen by owners and practitioners worldwide.
Some of the Key Findings make interesting reading: (more…)
G1/10 – Portion vs Position: Where are they now?
Around 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…)
Bad Faith & trade marks: Frost Products Ltd v F C Frost Ltd
On Friday 26th July 2013 Mr Justice Vos, sitting in the PCC, delivered a detailed judgment which is a stark reminder to traders not to “turn a blind eye” to competitors. In a complex case, in which the papers filled 17 lever arch files, the judge complimented counsel for managing to remain within the 2 day allocated time frame for this PCC matter. Although there was plenty of legal argument, the case ultimately turned on facts. Who was doing what, when, who knew what, when, and what they ought to have done about it. (more…)
Unitary Patent Package – The Ratification Game [Updated: 12 August 2013]
[Update (12.8.13) – Austria has apparently deposited its instrument of ratification. The Info graphic and State of Play text below have been updated.]
As discussed in our Q&A post on the unitary patent package, the unified patent court agreement requires 13 or more participating member states to ratify the agreement before the unitary patent system can get up and running. Furthermore, three of those 13 member states need to be France, Germany and the United Kingdom.
We will be following the ratification process here on IPcopy but thought we’d try and do so via the medium of football and info graphics.
So, without further ado here’s the process of ratification re-imagined in the form of a (wildly stretched) football analogy. The European team “UPP United” (Unitary Patent Package) are at the ground for their match against the Rest of the World (an aim of the unitary patent system is to make the European patent system more competitive compared to the systems in the US and Japan). This being a slightly inaccurate analogy the European team will comprise 13 players (instead of the usual 11) and will form up in a 5-5-2 formation! The info graphic is below and more notes are further down the post. We hope you enjoy.
Unitary patent package – Timeline for implementation
The dolly zoom is a camera effect, famously used by Alfred Hitchcock in Vertigo, in which the background in a shot suddenly appears to change size in relation to the foreground subject matter. Those of you following the implementation of the unitary patent system may have noted that despite the main legislative regulations and agreements being in place the actual “go live” date for the system appears to be performing the legal equivalent of a dolly zoom by disappearing into the distance!
Since the original implementation date was April 2014 but is now being reported as late 2015/2016, we thought we’d take a quick look at the timeline as it appears now.
Trade Mark Review: Snickers versus Kickers
In the case of Hultafors Group AB (Hultafors) V OHIM (Case T-537/11, April 19 2013), the decision of the Fourth Board of Appeal was upheld by the General Court confirming that there was a likelihood of confusion between a figurative Community trademark application incorporating the word ‘SNICKERS’ and an earlier Italian registration for the word mark ‘KICKERS’ in Class 25. Both marks covered goods including ‘clothing, footwear and headgear’. (more…)
Trade Mark Tribunal – Fast Track Opposition Procedure at the UKIPO
Back at the beginning of May we looked at a consultation that was running at the UKIPO which sought the views of users and potential users of the UK national trade mark registration system about the introduction of a lower cost “fast track” opposition based on earlier registered or pending marks (see original post here). The consultation closed on 17 May 2013 and the Government’s response was released recently. In this post we take a quick look at the consultation again and the Government’s response.
Unified Patent Court News: European Commission Adopts Proposal for Amendment to Brussels I Regulation
Breaking 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.



