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Tag Archives: UPCA
Want to be a Judge at the UPC? Recruitment now open
The unitary patent system is moving towards launch with most people anticipating the start of operations to occur at some point next year. The Unified Patent Court is to comprise a registry, Court of First Instance and a Court of Appeal. The Court of First Instance will have a central division based in Paris, with sections in London and Munich, and a number of local and regional divisions spread through the Contracting Member States. The Court of Appeal will be in Luxembourg.
A court needs judges though and the UPC is now looking for applicants to recruit as both the legally qualified and technically qualified judges. The recruitment process is now open and the closing date is just under two months away on 4 July 2016. Vacancy notices can be found here (EN, FR, DE). (more…)
European Patent Litigation Certificate – the Preparatory Committee’s proposal
As highlighted in our post earlier this week the Preparatory Committee’s proposal for the rules for the European Patent Litigation Certificate were agreed at its early September meeting. These rules have now been published (here) along with an Explanatory memo (here). IPcopy has generated a tracked changes version of the latest proposal showing the changes to the rules since the consultation document (tracked changes document here).
As noted below (and in CIPA’s note sent yesterday to the profession) the proposal as agreed by the Preparatory Committee represents a great deal for the UK patent profession and a huge pat on the back is due to those at CIPA, the UKIPO and elsewhere for their efforts on this front. Based on some of the responses received to the consultation IPcopy can only presume that the CCBE and the IPLA aren’t quite so enamoured with the proposal…..hey ho. (more…)
UPC Update: UK UPC Taskforce (July 2015)
Another of our semi regular updates on the progress of the unitary patent and UPC. (more…)
UPC Update: UK UPC Taskforce (June 2015, part 2)
Another week, another UPC related update from the good folks at the UKIPO plus a short update on the unitary patent fee proposal from the EPO. (more…)
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).
Licences and Assignments of Unitary Patents and the Relevance of German Law
The law governing licences and assignments of future European patents with unitary effect (unitary patents) is determined by a residency/place of business test for applicants based in the states of the EU participating in enhanced cooperation (member states); German law will apply to licences and assignments for other applicants. This may sound esoteric, but will in fact be of practical significance to many UK-based practitioners, because many large corporations based outside the member states file all their patents in their own name, including for inventions devised by UK-based affiliates. (more…)
Unitary patent: News Nuggets (November 2014)
Today we have a few nuggets of unitary patent and UPC news from around the web. In the post below we have an update on the state of German ratification of the Unified Patent Court Agreement, a reference to the European Patent Litigation Certificate in IPReg’s UK patent attorney exam proposals and we also highlight a couple of recent articles on the Kluwer Patent Blog that discussed unitary patent renewal fee progress and the possibility of a pro-patent bias in the UPC. (more…)
UPC Ratification Progress in the Czech Republic & the Polish Economic Report
Back in July we reported that although there was a political will in the Czech Republic to ratify the Unified Patent Court Agreement, there was likely to be a delay until an economic impact assessment could be carried out. Such an assessment in turn could not happen until details of the renewal fees, court fees etc. were published.
The Kluwer Patent Blog is now also reporting that, in addition to the economic factors, there is an issue over the quality of machine translations into Czech. (more…)
European Patent Litigation Certificate – Response to Consultation
The Legal Working Group of the Preparatory Committee has recently launched a consultation on their proposals for the European Patent Litigation Certificate. The consultation timeframe is relatively short and runs until Friday 25 July 2014. Comments are to submitted electronically to email@example.com. The consultation document can be found here and an explanatory memorandum can be found here.
At a recent CIPA seminar The Hon Mr Justice Birss suggested that the best way to influence the Prep Committee’s position on the content and form of the EPLC would be to present a united front with other countries in Europe. To that end IPcopy would be interested to hear from readers in other countries, e.g. Ireland, Sweden, the Netherlands, regarding their reaction to the content of the EPLC proposal. Additionally if any reader wants to share their response to the consultation then IPcopy will be happy to start a consultation round-up post.
The comments below form the basis of this ipcopywriter’s response to the EPLC consultation. These are personal views.
Unitary patent and Unified patent court – Conference Review (Part III)
This post covers the afternoon sessions from the “Unitary patent and the Unified patent court” conference in Paris on 4 July. This post covers a session from a number of European judges on the UPC and views from some IP intensive companies (such as Google, Microsoft and GSK). [Part I and Part II cover sessions (1) through (4).] (more…)