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IPcopy: Top 10 IP posts in 2016
![Every year you make me wear this. Santa better bring me a bone this time....[Photo by ellierhu at Morguefile.com]](https://ipcopy.blog/wp-content/uploads/2013/12/christmas-dog.jpg)
Every year you make me wear this. Santa better bring me a bone this time….[Photo by ellierhu at Morguefile.com]
So here it is Merry Christmas
Everybody’s having fun
Look to the future now
It’s only just begun.
Based on what happened this year I can only hope Slade are wrong when they say that “it’s only just begun” – Brexit, the US elections, Ed Balls making it to Blackpool – the shocks have come thick and fast this year and I was rather hoping 2017 might be a little…boring.
So, what does next year have in store? Who knows …. but IPcopy notes that the effects, if any, of the unexpected outcomes of the Referendum and the US Election probably won’t really start to bite until 2017….Merry Christmas everyone!
In the rest of the post below we take a quick look back IPcopy’s Top 10 IP related posts from 2016. Before we do that however I’d like to remember in a small tribute two members of the Keltie family that are sadly not with us this Christmas, David Keltie and Lindsey Gordon-Thomas. David of course set up the firm I am part of just over 28 years ago and succeeded in his desire to “create something amazing”. Lindsey worked in our accounts department and was, like David, one of the nicest, happiest and most positive guys you could ever meet. David and Lindsey both possessed an infectious laugh and wherever they are right now I’m certain it’s buzzing. David, Lindsey, it was my pleasure to have known you both.
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Brexit and the Supremes
The UK held a referendum five months ago on whether it should remain a member of the European Union. One simple question was asked: Should the UK remain a member of the EU or leave the EU?
I know this because the question was written on my ballot paper – see below
The UK and UPC: is the UK trying to have its cake and eat it?
Is the UK serious about ratifying the UPC Agreement?
Last week the UK announced at an EU Competitiveness Council meeting that it was proceeding with preparations to ratify the Unified Patent Court Agreement (UPCA). This announcement was greeted with some surprise but seemed to be generally viewed as “a good thing”: the unitary patent system could get back on track, the UK and Germany could ratify the agreement and we might see the first unitary patents rolling off the production line some time in the back half of 2017.
There was, however, some cynicism expressed online with some commentators pointing out that the official announcement is, when you really look at it, pretty light on actual detail1.
Now, I’m not one to shy away from a good healthy dose of cynicism but I thought the announcement was actually heralding the restarting of the ratification process. However, I’ve recently heard some background to the announcement which has made me wonder – “Is the UK trying to have its cake and eat it?” (more…)
UK to continue with the Unitary Patent System despite Brexit Referendum result
The UK is to continue participation in the unitary patent system by ratifying the Unified Patent Court (UPC) Agreement.
Following rumours that have been circulating since last week, the UK confirmed yesterday, at an EU Competitiveness Council meeting, that it will continue with its preparations for ratification of the Unified Patent Court Agreement. This announcement seemingly gets the unitary patent system back on track and a start date at some point during 2017 once again seems a possibility.
The full announcement from the UK government can be found here and is also reproduced at the end of this post. In this post, IPcopy takes a closer look at what was said, what needs to happen next and then speculates what might happen post-Brexit. (more…)
Keltie hosts Sports IP Seminar with LawInSport
(l-r): Adam Lovatt, Manuela Macchi, Sean Cottrell, Zane Shihab, Sean Corbett
Last Thursday, Keltie joined forces with LawInSport to present an afternoon of interactive presentations and discussions regarding the importance of IP in Sport.
To kick off the presentations, Sean Corbett, Brand Protection Manager at Formula One Management Limited, discussed the use and protection of IP and, in particular, trade marks, in sport and the battles that major sports brands face in protecting their trade marks and enforcing their rights. The take home message was to ensure that trade mark owners in the sports field allocate adequate resources and time to maintain, police and enhance their portfolios of registered trade marks to support the value of their brand and attract sponsors. (more…)
Shining a light under Europe’s patent troll bridge
The European Commission’s science and knowledge service, the Joint Research Centre (JRC) carries out research with the aim of providing independent scientific advice and support to EU policies. The JRC has released a Science for Policy Report that looks at “Patent Assertion Entities in Europe”. (more…)
Brexit: Labour’s 170 Questions for the Government
The Labour Party released a set of 170 Brexit related questions last week to cover each day between 13 October 2016 and the Article 50 notification deadline announced by the Prime Minister at the Conservative Party conference, 31 March 2017.
IPcopy took a quick look at the questions to see whether any were IP themed ones and, if there were any such questions, how far down the list these came.
We found references to the unitary patent system and also to geographical indications. (more…)
New Technology and IP – ITMA Seminar Review
ITMA held its annual Autumn Seminar in Birmingham on 6 October 2016. The theme of the event was New Technology and IP.
The first talk by Alexandra Brodie of Gowling WLG reviewed wearable technology and its implications for IP. Alexandra initially considered the meaning of wearable technology and noted that it is no longer only stuck on a wrist, but also woven in to fabric, for example, and is becoming increasingly design led. Wearable technology is not simply about the technology itself, but also the aesthetics. We were treated to some shots of models and film stars wearing the latest fibre optic LED dresses by top designers such as Richard Nicoll and Zac Posen, giving a new meaning to the ‘sparkly dress’ and demonstrating the enthusiasm for use of new technologies in high fashion. (more…)
Did Theresa May just end UK participation in the UPC?
A couple of weeks ago we wrote about an opinion from Richard Gordon QC and Tom Pascoe of Brick Court Chambers about the UK’s potential continued participation in the unitary patent system.
The authors’ view was that it would be legally possible for the UK to continue subject to certain safeguards being in place. They did however note that the unitary patent and UPC raised “significant political as well as legal issues”.
So, the legal flesh seemed willing, would the political will be strong or weak? (more…)
Brexit and the Uncertainty Principle Conundrum (UPC)
Since the result of the UK’s referendum on the EU there has been much discussion about what will happen to the unitary patent system in the period before Brexit and also once Brexit has occurred.
Prior to the EU Referendum, many articles that discussed Brexit (including on this blog) referenced the CJEU Opinion 1/09 as the basis for saying that only EU Member States could take part in the UPC Agreement. Following the EU Referendum however a number of commentators posted articles that presented potential mechanisms for the UK’s continued participation in the unitary patent project (UPP).
The future prospects for the UPC and the unitary patent project as a whole have looked somewhat uncertain following the Referendum.
Last week, an opinion (herein the “UPC Opinion”) by Richard Gordon QC and Tom Pascoe of Brick Court Chambers was published which considers the UK, Brexit and the UPP in great detail. Can the UK continue to be a part of the UPP? The short answer seems to be “yes, but…” and further detail on the opinion and the issues discussed is summarised below. (more…)
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