Total Documents: 8


Developments in Copyright

Document No: PUB 20j/19 Posted: 20 January 2020
As 2018 moved into 2019, progress on the EU Directive on Copyright in the Digital Single Market (“EU Copyright Directive”) was looking shaky to say the least – a highly controversial IP bill; unprecedented lobbying and international media attention; celebrities such as Sir Paul McCartney and Lady Gaga campaigning in Brussels; and even death threats against politicians! The trilogue negotiations between the European Commission, European Parliament and the EU Council, each of which appeared to have a different view of the appropriate text, were dragging on and it looked like the negotiations were at stalemate or heading off the rails com­pletely … And then, rather suddenly and surprisingly speedily (presumably so as to keep ahead of the May 2019 European parliamentary elections), a ‘final’ version of the text was agreed and presented to European Parliament in February, and approved by the Parliament in March and then by the European Council in April. The EU Copyright Directive (EU 2019/790) came into force on 7 June 2019 and hence must be implemented by Member States by 7 June 2021.

Document Retention and Destruction Policy

Document No: PUB 1/18 Posted: 15 March 2018
This policy provides for the systematic review and retention of documents received or created by IP Federation in connection with the transaction of organisation business. This policy covers all records and documents, regardless of physical form, and contains guidelines for how long certain documents should be kept and the method by which, following expiry of the relevant retention period, records should be destroyed (unless under a legal hold). The policy is designed to ensure compliance with UK laws and regulations, to eliminate accidental or innocent destruction of records, and to facilitate IP Federation’s operations by promoting efficiency and freeing up valuable storage space.

Designs Update

Document No: PUB 20F/17 Posted: 30 August 2017

The IP Federation Design and Copyright Committee has been resurrected, following a 10-year hiatus.

The time is right to resurrect the Committee.

It is an important time for design rights in the UK – the uncertainty posed by Brexit is a particular concern for IP Federation members, a significant proportion of which currently rely on Registered Community Designs (RCDs) and Unregistered Community Designs (UCDs) to protect their designs in the UK.

It is hoped that the newly re-formed Committee can continue the good work done by previous incarnations of the Committee. 

Designs in the UK

Document No: PUB 20B/15 Posted: 04 March 2016

In 2014, the Government sought views on proposed changes to the Registered Designs Act 1949. The proposal was that the legis­lation be amended to provide registered design owners with the option of marking a product with the address of a website which links the product with the relevant registered design numbers as an alternative way of providing notice of the rights. The Government response to this call for evidence was published in August 2015.

The response document provides a summary of what respondents said about the proposal to introduce the option of webmarking for registered design rights. This document provides a summary of the key points raised by respondents and the Government’s commentary on these issues.

Draft proposal for a revised block exemption for technology transfer agreements and guidelines

Document No: PUB 20L/13 Posted: 23 December 2013

The European Commission launched on 20 February 2013 a public consultation on anti-trust rules on technology licensing. The objective of the consultation was stated as follows:

In the meaning of the EU competition rules, a technology transfer agree­ment is a licensing agree­ment where one party (the licensor) authorises another party or parties, the licen­see(s), to use its technology (patent, know-how, software license) for the production of goods and services.

The rules on how to assess technology transfer agreements are set out in two instruments, the technology transfer block exemption regulation (“TTBER”) and accompanying Guidelines. The TTBER exempts certain categor­ies of licens­ing agreements concluded be­tween companies that have limited market power and that respect certain conditions set out in the TTBER. Such agree­ments are deemed to have no anticompetitive effects or, if they do, the posi­tive effects outweigh the negative ones. The Guidelines provide guidance on the application of the TTBER as well as on the applica­tion of EU com­peti­tion law to tech­nology transfer agreements that fall out­side the safe harbour of the TTBER.

These instruments will expire on 30 April 2014. The Commission has now drafted a proposal for a revised TTBER and Guidelines. The current consultation is seeking stakeholders’ views on this proposal.

Draft European Commission Block Exemption Regulation on R&D Agreements

Document No: PUB 2/11 Posted: 13 February 2012
An item in the December 2010 issue of Trends and Events (pages 6-8) reviewed block exemption regulations (BERs) under Article 101(3) of the Treaty on the Functioning of the Euro­pean Union (TFEU), and in particular the two BERs then most relevant to Federation mem­bers, namely Regulation 772/2004 on technology transfer agreements and Regulation 2659/2000 on research and development (R&D) agreements. The second of these was due to expire at the end of the month; and the item also set out the two key points in the Federation’s submission on the Commission’s draft replacement for 2659/2000.


Developments in the Patentability of Computer Software and Business Method Inventions

Document No: PUB 12/10 Posted: 21 July 2010

Recent years have seen the patentability of software and business methods hotly debated, and not just in academic circles. With protests in the streets of Munich and over a hundred personal and professional opinions on the subject filed by amicus curiae, there can be little doubt as to the public interest in this evolving and controversial issue. With judicial opinions on developments in the laws of Europe and the United States having been published in 2010, it is timely to explore the perspectives and most significant effects.

Draft European Commission Block Exemption Regulation on Research and Development Agreements

Document No: PUB 3/10 Posted: 14 December 2010

Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) iden­ti­fies in general terms classes of agreements that are incompatible with the inter­nal market, subject to the possibility of exemption under Article 101(3), e.g. where the agreement promotes technical or economic progress. If an agreement is “caught” by Article 101(1) but not exempted under Article 101(3), then it is unenforceable.