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Tag Archives: IP Federation
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…)
UPC Court Fees Consultation Event – the Q&A
Last week saw the London meeting of the joint CIPA/IPO/IP Federation event relating to the consultation on court fees for the Unified Patent Court. Earlier this week IPcopy posted our notes on the event. Today we have some further notes gleaned from the Q&A session that followed the main event. (more…)
UPC Court Fees Consultation London Event (CIPA/IPO/IP Federation)
Last week saw the London meeting of the joint CIPA/IPO/IP Federation event relating to the consultation on court fees for the Unified Patent Court. What follows below are IPcopy’s notes on the event and consultation.
If you are planning on submitting a response to the consultation then you have until midnight 31 July 2015. The consultation document can be found here. Anyone who missed the consultation can take advantage of the video recording of the event here to review what was said. (more…)
The unitary patent and double patenting – will the UK allow it?
Today on IPcopy an issue that was raised during the recent consultation relating to the implementation of the Unified Patent Court Agreement and the two unitary patent regulations into UK law – Double Patenting. (more…)
European Patent Litigation Certificate – responses to consultation
Before the summer recess the Unified Patent Court Preparatory Committee ran a consultation on the European Patent Litigation Certificate (EPLC). Regular readers will recall that this certificate links to Article 48 of the UPC Agreement which states that parties may either be represented by lawyers authorised to practice before a court of a Contracting Member State or by European Patent Attorneys who have “appropriate qualifications such as a European Patent Litigation Certificate”.
The consultation closed on 25 July and, according to the latest Preparatory Committee roadmap, a revised version of the EPLC rules is expected early 2015. In the meantime one of our Twitter followers (thank you Guillaume S./@EPpatent) kindly pointed us at the Bristows UPC website where a few of the responses to the EPLC consultation are hosted.
Given that these responses include representatives from patent attorneys and also from lawyers we thought it might be fun to see how far apart the responses were! (more…)
Implementing the Unitary Patent provisions in the UK – the unclear scope of the software directive on UK patent infringement
The UK recently held a consultation relating to the implementation of the Unified Patent Court Agreement and the two unitary patent regulations into UK law. One of the suggested changes was the addition of some new defences to patent infringement in section 60(5) of the Patents Act. (more…)
Representation at the UPC – feedback from Rules of Procedure Submissions
A CIPA/IPO meeting back in January (covered in posts here and here) looked into the issue of representation in front of the Unified Patent Court (see Rule 286 of the Rules of Procedure) and in particular whether UK patent attorneys will automatically have that right, might be “grandfathered” in or might have to sit some sort of additional qualification.
Back in October last year IPcopy collated a few of the submissions sent in response to the public consultation on the Rules of Procedure of the Unified Patent Court and last week the 16th draft of the Rules of Procedure published accompanied by a handy “comprehensive digest” that explains some of the reasons behind the changes to the Rules. We thought we’d take a quick look at both the original submissions and the comprehensive digest to see whether any of the respondents touched on this issue as well.
Out of the 12 submissions we listed back in October, three addressed the issue of representation and the comments made by the Association of IP Professionals in Swedish Industry, Bristows LLP and the IP Federation (the IP Fed paper downloads as a PDF document) are noted below. There are also a fair number of comments in the digest document (though the three listed above do not appear to be there). (more…)
IP Federation position on unregistered designs and the IP Bill
Parliamentary copyright images are reproduced with the permission of Parliament
The Intellectual Property Bill is still awaiting a date for the Report stage in the House of Commons. One of the parts of the Bill that got a lot a discussion time was, of course, Clause 13 which introduces criminal sanctions for the copying of registered designs.
One point of discussion in relation to Clause 13 was its possible expansion to include unregistered design rights. This is something that ACID (Anti-copying in Design) in particular is keen to see happen. IPcopy would prefer that Clause 13 wasn’t in the Intellectual Property Bill at all but the registered design sanctions of the clause appear to be here to stay. However, extending the clause to cover unregistered designs would, in this ipcopywriter’s opinion, be a disaster.
Recently, the IP Federation has issued a policy paper on this issue and they have the following to say on the matter: (more…)
Unified Patent Court Rules of Procedure Consultation – Submissions Round-up
Updated: Two further consultation submissions added 18 November
Following our recent posts highlighting some of the various rules of procedure consultation submissions that have come to light, more have popped up online. For your ease of reference we thought we’d pull together links to all the submissions we’ve seen in one place. If anyone has come across other submissions then please let us know and we’ll add them to the post.
Unified Patent Court Rules of Procedure Consultation – Bird & Bird Comments
After yesterday’s post about the Rules of Procedure consultation comments from the IP Federation comes news of Bird & Bird’s own response.
The full submission can be accessed here. Highlights of the submission were detailed in the email that popped into IPcopy’s Inbox a few minutes ago and these are reproduced below.
IPcopy 