Industry News and Articles

Brexit Update (II): More news on the transitional arrangements

This morning, the UK and EU's chief negotiators  announced that a deal has been reached on the transitional arrangements which will apply in the immediate period following the UK's formal withdrawal from the EU. Although the withdrawal and...

EPO fee changes from 1 April 2018

EPO fee changes from 1 April 2018 - What this means for your business   Instead of its customary biennial fee increase to reflect inflation, on 1 April 2018 the EPO will make selected changes to its fees.  As explained...

Brexit Update (I): IP-related provisions in the draft UK-EU Withdrawal Agreement

On 28 February 2018 the European Commission published its  draft  for an agreement on the UK's terms of withdrawal from the EU. It must be stressed that this is a draft, rather than a finalised agreement, and sets out the European...

UK patent fees to increase from 6 April 2018

UK patent fees to increase from 6 April 2018 - What this means for your business   On 6 April 2018, the UK Intellectual Property Office is making small increases to most of its fees. In addition, excess claims and page fees are being introduced....

German UPC Complaint "to be decided in 2018"?

This morning the German Federal Constitutional Court (BVerfG) published its  "preview for the year",  listing the cases which it intends to decide during 2018. The pending "Constitutional Complaint" against German ratification...

EU Trade Marks - Life after Brexit

EU Trade Marks - Life after Brexit What are the key issues? The UK is due to leave the EU on 29 March 2019.  After that date, in the absence of any formal arrangements to the contrary, EU trade marks will cease to have legal effect in the...

What Willy Wonka can teach us about the importance of IP

Willy Wonka once said “Invention, my dear friends, is 93% perspiration, 6% electricity, 4% evaporation, and 2% butterscotch ripple”.  Although that adds up to 105%, Roald Dahl hints in this quote that clearly a lot of hard work goes into...

Cry Wolf!

Under the company RC Pet Products Limited, Rory Carr trades in a variety of goods for animals, such as collars, coats, harnesses and pet toys.  As part of its branding the company uses an image of a paw print, and was surprised to encounter opposition...

Brexit: Negotiations on IP reportedly under way

Since agreement was reached in December on "sufficient progress" in Phase 1 of the Brexit negotiations (regarding the terms of withdrawal), little news has been heard about the status of EU/UK discussions. Officially, Phase 2 of the talks...

German UPC Complaint: Further organisations weigh in

According to  Mathieu Klos  of  respected German legal website  JUVE,  a total of seven organisations* have submitted opinions in relation to the ongoing "Constitutional Complaint" against German ratification of the UPC...

CIPA launches new Brexit video

The Chartered Institute of Patent Attorneys (CIPA) last week launched its new video short “European Patent Work Unaffected By Brexit”, highlighting that when it comes to patents in Europe, it is business as usual. The European Patent Office...

Is the complaint against the UPC admissible? German Bar Association says "no"

Following the surprise submission last year of a  "constitutional complaint"  against German participation in the Unified Patent Court system, ratification of the UPC Agreement was put on hold. The Federal Constitutional Court invited...

UPC legislation clears Parliament

Following its  consideration by the Grand Committee of the House of Lords last week,  the Unified Patent Court (Immunities and Privileges) Order 2017 was formally approved by the House this afternoon. All that now remains before the UK is...

UPC Order progresses through the Lords

The Grand Committee of the House of Lords this afternoon considered the Order on Privileges and Immunities, following the Commons' approval of the same Order. The discussion was brief and sidestepped the issues of Brexit and the pending German...

House of Commons formally approves UPC legislation

As reported  here,  the House of Commons' Delegated Legislation Committee considered the UPC Privileges and Immunities Order last week. The legislation was formally approved by MPs yesterday, as  reported in Hansard . The legislation...

UK ratification of the UPC Agreement gets closer

On Wednesday afternoon, the House of Commons' Delegated Legislation Committee approved the final piece of legislation which needs to be enacted before the UK can ratify the Unified Patent Court Agreement. Approval by the full House of Commons is now a...

Changes to EPO Guidelines: Key points for patent applicants to note

The European Patent Office (EPO) has published a revised version of its Guidelines for Examination , which will come into effect on 1 November 2017 . Whilst primarily addressed to EPO Examiners, the Guidelines are also helpful a tool for...

Details emerge on the German UPC Challenge

As reported  here,  Germany's ratification of the Unified Patent Court Agreement was unexpectedly put on hold earlier this year when a challenge against ratification was lodged at the German Federal Constitutional Court. Some details have now...

IP after Brexit: European negotiating position published

Yesterday the European Commission published a  position paper , setting out its starting point for Brexit negotiations relating to European intellectual property rights. Certain intellectual property rights are unitary rights covering all EU members...

Blow-out for Ferrari in trade mark battle

Following proceedings brought by a German toy manufacturer, a regional court in Dusseldorf has recently ruled that one of Ferrari’s best known brands, Testarossa, is to be cancelled as a trade mark in Germany. Testarossa is the name of one of the most...

Estonia makes it 13 for the UPC

Estonia makes it 13 for the UPC On 1 August 2017, Estonia became the 13 th  country to ratify the Unified Patent Court Agreement (UPCA) when it deposited its instrument of ratification with the General Secretariat of the Council of the EU. All the...

What you see is what you get with the new EU trade mark regulation

What you see is what you get – New EU trade mark regulation. In a bid to streamline processes and facilitate cooperation between Members States, European trade mark law has been going through the biggest reform since the introduction of the 1989...

'Slants' score potential touchdown for 'REDSKINS'

‘Slants’ score potential touchdown for ‘REDSKINS’ “A man has a property in his opinions and the free communication of them.” - James Madison (1792). Known as the ‘Father of the Constitution’,...

Radical change to UK patent infringement law

Radical change to UK patent infringement law introduces doctrine of equivalents ​ In an unexpected development, the UK Supreme Court has overturned well-established UK practice on infringement, formulating a new infringement test that...

UK moves closer to ratifying UPC Agreement

Despite the political chaos which has ensued following the inconclusive UK election result earlier this month, progress towards UK ratification of the Unified Patent Court Agreement (UPCA) seems to be back on track. The UK is one of three countries (along...