Industry News and Articles

Trade mark and design planning for a "no deal" Brexit

In a very recent development that will come as a relief to businesses, the UK Government has issued some guidance on what will happen to EU intellectual property rights in the event the UK and EU fail to reach an agreement by 29 March 2019 (a “no...

Patent planning for a "no deal" Brexit

The government has recently issued a notice outlining the effect on the patent system were the UK to leave the EU without an agreement (a "no deal" scenario) in March 2019. While the notice reassures that such a scenario remains unlikely, it...

UK confirms intention to remain in Unitary Patent system after Brexit

Following a week of political drama, which has seen the resignation of the Foreign Secretary and the Secretary of State for Exiting the EU, the British Government today published its much-anticipated "White Paper". This sets out the proposals for...

Hungary says "no" to UPC Agreement

The Hungarian Constitutional Court today ruled that the Unified Patent Court Agreement (UPCA) is contrary to the Hungarian constitution and therefore cannot be ratified by Hungary.The decision (in Hungarian) is available here. The Constitutional Court...

UK Ratifies UPC Agreement

In a speech to mark World IP Day, the British Government's IP Minister, Sam Gyimah, announced that the UK has ratified the Agreement on a Unified Patent Court. The question of whether the UK will seek to remain a member of the UPC after Brexit is still...

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...