Total Documents: 8
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.
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.
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.
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
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.