UK proceeding with UPC (Brands & IP Newsnotes - issue 4)
07 February 2017
The UK government announced that it will proceed with the Unitary Patent and the Unitary Patent Court (“UPC”). This ends months of speculation in the patent community as to what would happen afterthe Brexit vote last June. The UK was a mandatory signatory to the UPC Agreement and there had been concern that the project would stall in light of the UK’s European exit. Only Germany is left to ratify the Agreement and it is expected that the UPC will open in December this year.
The Unitary Patent will allow inventors and businesses to register a single patent that has protection across Europe (similar to how the EUTM works for trade marks). The UPC will have exclusive jurisdiction in relation to Unitary Patents and its judgments will have effect in all territories of contracting European member states.
The move is in keeping with the UK IPO’s position which has been that for intellectual property in the UK, it is business as usual until the UK is officially out of Europe. Generally the move to ratify the UPC in the UK has been welcomed by commentators in Europe, though it is of note that there have been no comments as to the UK’s long term participation in the UPC. Currently, the legislation only provides for European member states to participate in the regime. Indeed, Baroness Neville Rolfe was keen to point out in the announcement regarding the ratification that “the decision to proceed with ratification should not be seen as pre-empting the UK’s objectives or position in the forthcoming negotiations with the EU.”
Watch this space for further developments.
This article was first published in the Brands & IP newsnotes publication - issue 4
New Year’s resolutions for better IP (Brands & IP Newsnotes- issue 4)08 February 2017
Why stop at making personal resolutions for the New Year when you can make them for your IP too. The start of the year is an excellent time to consider your general IP strategy and even to introduce new practices that will make protecting, using and enforcing your IP that much easier in 2017.
Christmas counterfeits – How did you fare? (Brands & IP Newsnotes - issue 4)08 February 2017
At the end of 2016 the OECD/EUIPO released research suggesting that the total trade in counterfeit and pirated products in the EU amounted to as much as 85 billion Euros in 2013. Luxury goods are top of the list and firmly in the sights of counterfeiters for Christmas. So what was done to tackle the problem for Christmas 2016?
Rubik’s Cubes: In a spin (Brands & IP Newsnotes - issue 4)08 February 2017
Those of us of a certain age will remember the frustration of trying to complete a ‘Rubik’s Cube’. But following the CJEU’s ruling that the trade mark registration for the shape of the famous puzzle is invalid; it is the owner of the original Rubik’s Cube 3D puzzle that will be feeling frustrated.
Unregistered designs: Open and shut case (Brands & IP Newsnotes - issue 4)08 February 2017
In a recent case, Action Storage (a producer of lockers, such as the ones installed in schools) sued G-Force (another producer of lockers) for infringing its design rights in producing a similar product.
Step by step - trade marks in China (Brands & IP Newsnotes - issue 4)08 February 2017
Brand owners will take comfort from a decision of China’s highest Court (the Supreme People’s Court of China) in early December. As part of a long running battle between former basketball star, Michael Jordan, and Chinese sports manufacturing giant, Qiaodan Sports, the former basketball star has finally come out on top – at least in relation to one specific trade mark. Overturning decisions from the lower courts, the Supreme People’s Court revoked a trade mark held by Qiaodan for “Jordan” represented in Chinese characters.
Hacked off? Data breaches abound (Brands & IP Newsnotes - issue 4)08 February 2017
The inevitable rise of the data breach, otherwise known as the ‘hack’, continued unabated in 2016. The UK government reported that two thirds of ‘large’ business (i.e. greater than or equal to 250 employees – regardless of revenue) “experienced a cyber-breach or attack in the past year”.
IP myth busters (Brands & IP Newsnotes - issue 4)08 February 2017
Myth and legend is not just the stuff of Lord of the Rings. There are plenty of ommon misconceptions in intellectual property which are often further exacerbated by statements on the internet and the popularity of TV shows where legal ‘advice’ or commentary may be given. Here are a few of the most common ones we hear and the truth behind them.