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Unitary Patent Package – The Ratification Game (The Netherlands completes its ratification formalities)

EU shirt2Update (15 September 2016)

According to the website of the Council of the European Union, the Netherlands has now deposited its instrument of ratification (on 14 September 2016) to become the 11th country to complete its ratification formalities. The Netherlands joins Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the eleven countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. The target date for the unitary patent system was May 2017 but the result of the EU Referendum in the UK has thrown the timescale into doubt.

There are now enough countries to have ratified the the unified patent court agreement that the system will come into effect if just the UK and Germany complete their own ratification procedures. If the UK (and Germany) were to do this then it would open up a question about what will happen to the UK once Brexit happens. If the UK decides not to ratify the UPC agreement then the system will be on pause until either Brexit occurs or the various unitary patent agreements can be re-negotiated to remove the problems caused by the results of the UK’s EU Referendum from the equation.

Now that the Netherlands has completed all of the formalities we have updated our ratification infographic (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).

netherlands-upc

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IPcopy’s Summer Summary 2016

sunglassesThe kids are back at school, Starbucks has started selling pumpkin spice lattes and, despite the hottest September day for over 50 years predicted today, the nights are beginning to close in. Yes, summer 2016 is coming to a close.

It has been an unusual summer this year. Back in May we had a number of large sporting events to look forward to: the Rio Olympics/Paralympics, where Team GB covered/is covering itself in glory and Euro 2016, where England contrived to get knocked out by a team with a dentist-manager.

But Summer 2016 wasn’t satisfied with just some sporting events for news and the last two months have been filled with so much news it’s been hard to keep track. Sometimes it’s felt like the News Gods have just said: “Sod it, I can’t wait for this news to happen slowly anymore. Let’s put on the Big Box Set of News and just binge watch the whole thing this summer.”

And so we’ve had: a departing UK Prime Minister; a Conservative Party leadership contest; a new Prime Minister; what felt like more Shadow Ministers than there were actually Labour MPs; Corbyn staying, staying, sitting on the floor but still staying; Farage preparing his concession speech before going on to win more friends in the EU Parliament; blue on blue action and through it all the ongoing leap into the unknown that is Brexit.

What follows, just in case you missed us over the last few weeks, is a summary of IPcopy’s posts since we took back control…. (more…)

Brexit – IP Myths and Misconceptions 2

brexit-1481028_1920IPcopy is returning to the subject of the moment today and taking another look at Intellectual Property and Brexit. Just over a month ago we posted our first “Myths and Misconceptions” post with the aim of highlighting any Brexit related commentary in the area of IP that presented a misleading take on the possible changes to the IP world following Brexit.

Today’s article picks up on a comment made about the future of the unitary patent system. IPcopy has highlighted the section of the article we had a slight issue with below. (more…)

Brexit means Brexit

brexit-1481028_1920It’s been just over two months since the UK decided to take back control and, as the summer parliament recess comes to an end, IPcopy thought it would be a good time to take stock of where things stand.

The process of Brexit has been split between three Ministers – the Three Brexiteers of Johnson, Fox and Davis – which has already resulted in some turf wars. David Davis, heading up the Department for Exiting the European Union, has raised some eyebrows by claiming that the UK could do one-to-one trade deals with individual member states of the EU (it can’t) and that he wants to negotiate a trading area 10 times the size of the EU which sounds impressive until you realise that that would actually be 1.5 times bigger than the economy of the entire planet Earth1. (more…)

UK Unregistered Design Right – A Brief Guide

Outspan carWhat is UK design right?

UK unregistered design right (also referred to as UK design right) covers the shape or configuration of an object, but does not protect surface decoration.  It is an automatic right, meaning that no registration is required.

To be protected by UK design right, a design must be original. This means that the designer must have designed the design independently and the design must not be “commonplace” in the design field in question. “Commonplace” means that the design must not be widely known in the design field in question in the UK, the EU or any one of a number of other qualifying countries mentioned below. (more…)

Customs Enforcement on IP Rights

customsBackground

Regulation (EU) No. 608/2013, which concerns the enforcement of Intellectual Property Rights (IPR), has been in force since January 2014, replacing the previous Council Regulation (EC) No. 1383/2003. The aim of the 2013 legislation is to simplify and clarify the procedure and existing system.

Importantly, the new Regulation extends the scope of IPR covered by Customs enforcement to:

  • trade marks
  • trade names
  • copyright
  • design rights
  • patents
  • utility models
  • devices designed, produced or adapted for the purpose of enabling or facilitating the circumvention of technological measures
  • supplementary protection certificates for medical products or for plant protection
  • plant variety rights
  • topography of a semi conductor
  • geographical indications

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Brexit – IP Myths and Misconceptions

brexit-1481028_1920As far as IPcopy is concerned, the level of political debate recently has not risen much beyond playground banter with facts and detailed arguments being sacrificed for soundbites and quotable political mantras such as “Let’s take back control”, “Let’s make Britain/America great again”, “We’re gonna build a wall” etc. It seems politics these days just requires the collective unconsciousness to be exposed to such sayings over a long enough period of time to ensure the votes follow…after all, who needs experts, eh? (more…)

The Brexit Referendum, Article 50 and IPcopy

GB+EU flagJust a few days ago the UK went to the polls and returned a verdict which shocked the country, Europe and the world. Oh, and wiped $3 trillion off the world stock market.

The following days in Westminster have been (mild understatement follows) somewhat interesting. The UK Prime Minister is on his way out, the Conservative Party is gearing up for a leadership contest,  Boris has been betrayed by the Govefather, Jeremy Corbyn has installed a revolving door in his Shadow Cabinet and Nigel Farage went to the EU Parliament to suggest a cardiac surgeon born in a Soviet gulag had never had a real job in his life. (more…)

IP in the UK after the Brexit Referendum

GB+EU flagOn 23 June 2016 the UK public voted in favour of the UK leaving the EU (commonly referred to as ‘Brexit’). If and when the UK formally starts the exit procedure, there will be at least a two-year negotiation period before the exit itself occurs. So, any changes won’t be implemented for some time yet.

Any UK national IP rights will be unaffected by Brexit. Some EU IP rights that have effect in the UK will be affected to different extents. Crucially, no IP rights will be lost as a result of Brexit, although some transitional measures are inevitable.

IPcopy takes a look at the key impact Brexit will have on IP, and what you should be considering now. (more…)

Unified Patent Court – News and June 2016 Update 2

IMG_8533-1This Thursday, 23 June 2016, is of course Referendum Day here in the UK, the outcome of which could have a significant impact on the unitary patent system. This Thursday also marks the day on which two bills relating to Germany’s ratification procedure for the UPCA will come before the German parliament. This hearing is apparently the first of three hearings. With the German Parliament due to take a summer break throughout most of July and August it may be the autumn before the necessary steps have been taken to ratify the UPCA in Germany. [German Parliament calendar; Draft Bill 1; Draft Bill 2] (more…)