In summer 2014 the IPO consulted on proposed secondary legislation, namely a statutory instrument (SI), to implement the UPC Agreement into UK domestic legislation. The IP Fed­eration responded to that consultation (see Policy Paper 9/14), providing general com­ments in three key areas, namely (1) Jurisdiction (UK alignment, transitional provisions, IPO Opinions service), (2) Unitary Patent (threats and double patenting), and (3) Infringement Exceptions (specifically software interoperability, Article 27(k) UPCA).

Following a huge amount of debate and controversy, the Intellectual Property Bill 2013–14 finally received Royal Assent on 14 May 2014. The majority of the provisions of the new Act came into force on 1 October 2014, including the ones which make the most difference to those of us practising in the field of IP. They are, inevitably, the introduction of new crim­inal sanctions for certain types of infringement of registered designs and the definition of those qualifying for UK unregistered design right. The IP Federation was heavily involved in lobbying activities which led to satisfactory amendments being made to the wording of the relevant provisions being considered by the House of Commons during January and March.

One of the IP Federation’s chief lobbying tools is its policy papers. These are all available on the website at:

https://www.ipfederation.com/

The policy papers on the website represent the views of the innovative and influen­tial com­panies which are members of the Federation. Members are con­sulted on their views and opinions and encouraged to debate and explore issues of practice and policy. Only after consensus is achieved are external bodies informed of the col­lective views of industry via the Federation.

We are in a unique position where there are several patent harmonisation initiatives being pursued by the larger Patent Offices. There is an active industry participation in these activities and it is to be hoped that major changes that are beneficial to the users and the Offices result.

2014 has seen significant progress in relation to the EU’s legislative efforts on trade sec­rets. Since the December 2013 edition of Trends and Events went to press, we have seen: (i) the publication of the Commission’s initial proposal for legislation; (ii) negotiations within the Council of the European Union resulting in an agreed compromise text for the Directive; and (iii) early exchanges of views and draft opinions within the European Parliament.

Carol Arnold, President

Carol is a UK Chartered Patent Attorney; a European Patent Attor­ney; and also an Associate Member of the Institution of Chemi­cal Engineers. She has over 30 years of experience in patents, having joined the patent profession directly after gaining a degree in Envir­on­mental Chemical En­gin­eering from the University of Exeter. Carol has represented Shell on the Council of the IP Fed­er­a­tion since 2008, and in the past few years has also served as Chair of the IP Federation patent committee.

Carol has worked on a range of subject areas in the oil products, refining, pharmaceuticals, chem­icals and agrochemicals sectors, and has lived and worked in both the UK and the Netherlands.

In life outside Shell, Carol is a Trustee of the charity Through the Roof, with particular responsibility for Wheels for the World (which restores and distri­butes wheel­chairs and mobility aids overseas).

At the end of 2013, the Intellectual Property Regulation Board (IPReg) put together draft Competency Frameworks for patents and trade marks for consideration and comment by the relevant professions in the UK, and launched a formal consultation on simplifying and mod­ernising the examination system for qualifying as a UK patent attorney. 

The Federation has engaged with the European Patent Office (EPO) throughout 2014 to provide input on matters relating to implementing and ancillary regulations to the European Patent Convention (EPC) and to procedures of the EPO. The Federation represents the Con­federation of British Industry (CBI) (as a member of BUSINESSEUROPE) on the Standing Ad­vis­ory Committee of the EPO (SACEPO) through which the EPO undertakes user consult­ation in the development of the European patent system. In addition, the Federation main­tains ongoing working relationships with EPO representatives including meetings with the President and Directors throughout the year.

In 2014, as in 2013, the unitary patent and Unified Patent Court (UPC) dossier has been among the Federation’s highest priorities, following the long-awaited agreement between the European Parliament and Council in late 2012 which resulted in the unitary patent and language Regulations being adopted in December 2012, and signature of the UPC Agree­ment on 19 February 2013.