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Proposal to amend Brussels I Regulation rumbles on
As noted back at the end of July the European Commision adopted a Proposal (2013/0268 (COD), which can be found here) for a regulation amending the Brussels I Regulation on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Reg. No 1215/2012). This amendment is necessary to bring the Agreement on the Unified Patent Court into effect. (more…)
CIPA “The UPC Needs You” webinar & other unitary patent snippets
A couple of weeks ago, on 13 November, CIPA held a webinar (“The UPC is calling You”) on the application process for unified patent court judges. The closing date for expressions of interest for UPC judges was 15th November 2013 and according to the Unified Patent Court website there has been an overwhelming response to the call for expression of interest of candidate judges. Not bad for a job where the salary, benefits, exact training schedule etc are not yet known!
The Unitary Patent and the UPC – CIPA seminar 19th November 2013
Yesterday I had the pleasure of speaking at the CIPA seminar “The Unitary Patent and the UPC” with Alan Johnson of Bristows LLP and Tim Roberts. A copy of the slides for my section of the talk is enclosed below along with some links to additional information covered in the talk (the Poland Deloitte report and some views on the impact of the Scottish Referendum).
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 – Referendum in Denmark
Denmark are to hold a referendum on 25 May 2014 as to whether to proceed with ratifying and joining the unified patent court. The EUObserver article also suggests that two groups within the Danish parliament are blocking the consitutional majority required.
Ireland are also due to have a referendum on the UPC. Although this was due to take place with two other referenda this year it now appears that the patents referendum in Ireland has been delayed until 2014.
Currently only Austria has ratified the UPC Agreement.
Mark Richardson 2 October 2013
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.
The UPC Rules of Procedure: Apple, Google and Samsung join forces!
IPcopy was very interested to read AmeriKat’s excellent post on IPKat about the joint letter that Apple, Google and Samung (amongst others) have sent to the Member States of the European Union, Members of the European Parliament, the European Commission and the Preparatory Committee of the Unified Patent Court. The letter which was sent to the New York Times (see NY Times article here) notes that “an effective and balanced unitary patent system has the potential to decrease the costs of obtaining patent protection, increase European competitiveness, and support the long-term growth of innovative industries in Europe and abroad”.
The letter then goes on however to raise two major concerns with the Rules of Procedure (15th Draft here), namely bifurcation and injunctions.
I Am the Law – I Am a UPC Judge
As the UPC judge arrived in court the problem of bifurcation suddenly didn’t seem worth worrying about (Image from Flickr under cc licence/Mooshuu)
The Preparatory Committee for the Unified Patent Court has recently launched expression of interests of candidate judges at the UPC. As noted in the cover text the Committee adopted its detailed roadmap back in June this year and one priority of the roadmap was to help the nomination process of the first group of judges and to ensure the organisation of training of candidate judges. The call for expression of interest can be found here and the rules of the pre-selection procedure here. The closing date for the call of interest is 15 November 2013 so if you are interested you haven’t got that much time to send your applications to Mr Paul van Beukering (Chairman of the Preparatory Committee).
IPcopy during late July/August
The summer holiday season is winding down now but IPcopy has been busy throughout! Just in case you’ve missed the odd article or two, here’s a summary of what we’ve been on about since late July.
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.
IPcopy 