Publications

Total Documents: 70

 

The IP Federation’s activities

Document No: PUB 20J/22 Posted: 06 March 2023

The IP Federation’s campaigns

The IP Federa­tion has invested considerable time and resource in 2022 in support of its aim of improving the intellectual property (IP) framework to meet the needs of innovative industry. Set out below are a number of key successes in which the IP Federation played a leading role.

The IP Federation and the IP Minister(s)

Document No: PUB 20P/22 Posted: 06 March 2023
This is not the original opening line of this piece. Just a week before this article’s deadline, it started, “By the time you read this there may be a new IP Minister”. Fast forward a week or so, and there was a new Prime Minister. Jacob Rees-Mogg, the former Business Secretary in whose department an IP Minister worked, had just resigned. His IP Minister, Dean Russell, was in the post for only 6 weeks. New Prime Minister Rishi Sunak had yet to appoint a Minister for IP. As if that wasn’t enough, between then and publication of this IP Federation Review, a new Department for Science, Innovation and Technology has been established as part of a wider departmental and ministerial reorganisation. It is there, not in the new Business and Trade Department, that responsibility for IP now resides. Which brings me back to my original sentence. By the time you read this there may be a new IP Minister.

The National Security and Investment Act 2021

Document No: PUB 20Q/22 Posted: 06 March 2023
The National Security and Investment Act 2021 (“NSI Act”) came fully into force on 4 January 2022, setting up a new regime for UK government scrutiny of acquisitions and investments. The NSI Act applies retrospectively to transactions from 12 November 2020. The NSI Act is intended to modernise UK Government’s powers to investigate and intervene in investments, mergers and acquisitions and other deals to protect national security as a foreign-direct investment (FDI) regime, while applying to UK and non-UK acquirers alike. It replaces the national security element of the Enterprise Act 2002. The regime is a hybrid mandatory and voluntary notification regime, supported by call-in powers on national security grounds.

The TRIPS Waiver

Document No: PUB 20R/22 Posted: 06 March 2023
The snappily named Agreement on Trade-Related Aspects of Intellectual Property Rights (or TRIPS for short as the full name hardly trips off the tongue) is a World Trade Organization (WTO) agreement badged as “the most comprehensive multilateral agreement on intellectual property to date”. It was signed in 1994 and is a “minimum standards” agreement which sets a baseline for IP protection; Members are able to provide more comprehensive protection if they wish and under certain circumstances flexibilities to the minimum standards are permitted. This agreement made headlines across the world in 2021 following proposals first tabled by India and South Africa at the WTO that a waiver should be agreed enabling Members to have more flexibility than currently allowed under TRIPS in respect of vaccines, therapeutics and diagnostics for the treatment or prevention of COVID-19. I finished my 2021 article on this matter with the following words: It remains to be seen whether next year’s IP Federation Review article is talking about the impact of the introduction of a waiver or not – watch this space!”

The IP Federation’s activities

Document No: PUB 21C/21 Posted: 22 December 2021

The IP Federation’s campaigns

The IP Federa­tion has invested considerable time and resource in 2021 in support of its aim of improving the intellectual property (IP) framework to meet the needs of innovative industry. Here are some of our key successes.

The Unified Patent Court

Document No: PUB 21D/21 Posted: 22 December 2021
In last year’s IP Federation Review, it was reported that, despite 2020 being a turbulent year for the Unified Patent Court (UPC), progress appeared to have been made. This year, a much more positive statement can be made. Progress has definitely been made, with the Preparatory Committee estimating that the UPC will start operations around mid-2022. Whilst that may be a little optimistic, next year’s Review may be published as the doors of the UPC are finally opening.  

The SPC Year in Review – Politics rather than Litigation

Document No: PUB 21F/21 Posted: 22 December 2021
There have been no Court of Justice of the European Union (CJEU) referrals decided this year. The main activity on supplementary protection certificates (SPC) has been political with changes considered on a European Union level as part of the pharmaceutical legislation review and the much vaunted appearance of the Unified Patent Court (UPC) on the horizon at the end of the year.  

The IP Federation working with the EPO in 2021

Document No: PUB 21H/21 Posted: 22 December 2021
Over the last 12 months the European Patent Office (EPO) has accelerated its digital transformation consistent with its Strategic Plan 2023. It is fair to say that the EPO is now a primarily digital workspace at every level of the organisation. This increased digitalisation has presented new opportunities for engagement, collaboration and communication without the obstacle of geography. The IP Federation has embraced this opportunity and continues to work closely with the EPO at many levels to bring the user perspective to EPO initiatives as they emerge and develop.  

The Data Opportunity

Document No: PUB 21K/21 Posted: 22 December 2021
The increasing ability of computers to learn, identify complex patterns and empower humans to make better decisions creates a huge social and economic opportunity. Organisations are using artificial intelligence (AI) to become more efficient and to tackle previously insurmountable prob­lems like climate change and disease. The AI revolution will have an impact across the whole of society, with AI serving as a powerful tool for the people and the organizations that have access to it. As a society, we do have the opportunity to tackle some of society’s most pressing issues. AI and data present us with that opportunity.  

Trade Marks 2021: interesting times for brands

Document No: PUB 21M/21 Posted: 22 December 2021
This year has been an interesting one for trade marks. The boom in online trade, and the need to put our everyday lives on hold, has meant that trade marks are as important as ever.

Courts and Tribunals

The Courts – the beating heart of the law - have not stopped moving in 2021 as the pandemic continues. For the most part cases have continued, with the IP courts and the lawyers that serve them working together to keep momentum, hopefully minimising the backlog reported in other areas of the law. Litigation in general has become electronic-first, and even full trial hearings have moved online.  
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