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Unitary Patent System: On the ‘Unconstitutional’ Misuse of Conflict-of-Law Rules – Max Planck Institute Paper Overview
We previously highlighted Dr Stjerna’s recent analysis of the unitary patent package (UPP) and the Spanish challenges. This time round it’s the term of Prof. Dr. Josef Drexl, the Director of the Max Planck Institute for Innovation and Competition, and the paper “The European Unitary Patent System: On the ‘Unconstitutional’ Misuse of Conflict-of-Law Rules” which can be accessed here. A very brief set of points arising in the Drexl paper is summarized below and the reader is encouraged to read the entire paper (that at 20 pages is a fairly quick read).
Unitary patent updates from the UK’s UPC Taskforce & No Irish Referendum in 2015?
Things are relatively quiet in unitary patent land but an update email from the UK’s UPC Taskforce plopped into IPcopy’s Inbox last week with the latest state of play. A summary of the update email plus a quick look at Ireland’s planned referendums this year is below. (more…)
The Unitary Patent Package: Two years on, what to do now?
Back in December last year IPcopy started to take a look back at the unitary patent package and where we are in delivering this new unitary patent system. Our first “Where are we now?” post provided an overview of the Unified Patent Court itself and the second post looked at the progress there had been towards delivering the system. This entry asks what progress has there been on the road to getting the system up and running. Remember that although the original implementation date (end of 2014) was missed there has been some significant progress in delivering the new system. (more…)
The Unitary Patent Package: Two years on. What progress has been made?
Back in December last year IPcopy started to take a look back at the unitary patent package and where we are in delivering this new unitary patent system. Our first “Where are we now?” post provided an overview of the Unified Patent Court itself. This entry asks what progress has there been on the road to getting the system up and running. Remember that although the original implementation date (end of 2014) was missed there has been some significant progress in delivering the new system. (more…)
IPcopy’s Top 10 Posts from 2014
It’s nearly the end of 2014 which means that, along with the rest of the World+dog, it’s time to wheel out an End-of-Year ListTM of some description.
So here, in reverse order to try and build a modicum of excitement, are our Top 10 most read posts from 2014.
10. Unpacking the Trunki Judgement: Designs and Copyright with Magmatic vs PMS International
In at number 10 is a post from 2013 relating to the Trunki case in the High Court. Things have moved on now and we’ve had a Court of Appeal decision (see here) and more recently still the Supreme Court has given permission to appeal the Court of Appeal decision. Full details regarding the Supreme Court appeal can be found here but the “legal issue in this case relates to the significance attached to the fact that a graphical representation of a Community Registered Design shows no surface decoration”. (more…)
Unitary patent: News Nuggets (December 2014)
It’s very nearly Christmas but just before we all go off to stuff ourselves with turkey and overdo it slightly on the eggnog, here’s a quick update on some unitary patent news including a possible venue for the UPC in the UK. (more…)
The Unitary Patent Package: Two years on. Where are we now? (Overview of the Court)
Back in December 2012 it was announced, in an historic agreement, that the European Parliament had adopted two regulations relating to the creation of the unitary patent. A third element of the unitary patent package, the agreement on the unified patent court, was signed in February 2013 and the EPO expected the first unitary patent to roll off the production line in Spring 2014. It’s now nearly the end of 2014 and we’ve not met the original, highly ambitious implementation date but there has been significant progress in delivering the new system.
Starting this week IPcopy is taking a look (in traditional IPcopy Q&A styleTM) at what the unitary patent package is and where we are. Unbelievably we’ve never really covered the actual structure of the new Unified Patent Court and so here, as your starter for 10, is an overview of the UPC itself. (more…)
Unitary Patent: News Nuggets (ERA Conference – December 2014)
On 4th and 5th December IPcopy attended the ERA conference “Preparing for the Unitary Patent Package” at the Old Hall in Lincoln’s Inn*.
The latest progress and developments relating to the implementation of the Unitary Patent Package (UPP) were on the menu and the conference included a distinguished group of speakers, many of whom are involved directly in the implementation process. We’ll try and post some more in depth comment in the next week or so on a couple of the talks/subjects discussed but in the meantime here’s some nuggets of news…. (more…)
Unitary Patent: AG to Spain “Bot says Not” (AG dismisses Spanish Challenges to Unitary Patent)
The Advocate General’s opinions on the two Spanish actions (C-146/13, C-147/13) against the Unitary Patent Package were published today. A Press Release has also been published.
Long story short? Sorry Spain!*
*(At least as far as the Advocate General is concerned. The CJEU’s ruling on the matter will follow at some point and though it might seem likely that the Court will follow the AG, that isn’t necessarily so). (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…)
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