Publications

Articles and monographs : 185 Documents

 

Trade Marks Update

Document No: PUB 20I/14 Posted: 03 March 2015

This update summarises the main trade mark judgments of the Court of Justice of the European Union from the last twelve months. Although perhaps none are radical, certain provide useful legal and practical guidance, whilst others lay the ground for potentially interesting national decisions.

The judgments have been classified into four broad categories: (i) those relating to exotic marks; (ii) two decisions with important practical consequences for brand owners; (iii) two judgments which consider “unfair advantage taking”; and finally (iv) two decisions considering the admissibility of evidence submitted out of time to OHIM.

The UK IPO

Document No: PUB 20J/14 Posted: 03 March 2015

An important initiative by the IPO a couple of years ago was the appointment of IP attachés to support UK businesses in China, India, Brazil, and Singapore (for South East Asia). The IP attaché network is managed and funded by the Intellectual Property Office (IPO) and supported in country by the Foreign & Commonwealth Office and UK Trade & Investment (UKTI).

Claim format harmonisation

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

The Federation’s proposal for international claim format harmonisation, to facilitate cooperation between patent offices and to help users

The Federation’s members are all engaged in international commercial activity and patent­ing. As patentees and/or as potential infringers of third-party patents, they waste time and money to the extent there are unnecessary differences in law and procedure between major territories. The same differences waste the time of patent office examiners, who are less able to take advantage of each other’s work. There are differences whose elimination –

  1. should be readily negotiable internationally because they do not raise fundamental issues of principle (as differences in grace periods, exceptions and limitations, and industrial applicability do); and
  2. should offer particular savings because they are of practical relevance to most inventions rather than just to a minority of inventions (as are the more fundamental differences just referred to).

Copyright Update

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

Copyright is relevant to many different kinds of commercial activity. During 2013 there has been a steady flow of industry initiatives, government initiatives at UK and European level, and developments in case law. The EU agenda has been delayed, so the UK has taken the opportunity to make its own progress in areas where the EU may yet legislate, working on the basis that it will make any necessary amendments as and when EU Directives are transposed into UK law. Most of the developments are concerned with adapting copyright law to cope with the effects, and advantages, of digital technology.

EU Consultation on trade secrets

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

In December 2012, the EU Commission launched a public consultation on the protection against misappropriation of trade secrets and confidential business information in the EU, which initially took the form of an online questionnaire. The Commission had previously (in March 2011) appointed a law firm to study the legal framework and practices in the 27 Mem­ber States regarding trade secret protection. This was published in January 2012. The Com­mission had also organised a conference on the subject in June 2012.

EU Patent Reform

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

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. The agreement resulted in the Unitary patent and Language Regulations being adopted in December 2012, and signature of the UPC agreement on 19 February 2013. It will be recalled that all EU countries but Spain and Poland signed the agreement at this time (although Bulgaria signed a little late), and notably Italy was also among the signatories, despite its not participating in the Enhanced Cooperation arrangement which gave rise to the Unitary patent regulations. Indeed, in July 2013, Italy indicated informally an intention to join the Unitary patent regime as well as the UPC.

Intellectual Property Bill 2013–14: Clause 13

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

During the course of the IP Bill’s passage through first the Lords and then the Commons, the IP Federation has been pressing for the deletion of Clause 13 or, at the very least, significant amendments which would lessen the damaging impact Clause 13 would bring. Clause 13 introduces a new criminal offence for copying registered designs. Whilst we can understand that this may appear attractive in the fight against piracy and deliberate theft of designs, the wording of Clause 13 does not restrict the criminal offence only to the bad guys.

IP Federation biographies

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

Dr Bobby Mukherjee is a qualified UK and European Patent Attorney with over 16 years’ experience of IP work gained in private practice and at BAE Systems plc. He is currently the Chief Counsel – IP & Technology Law, BAE Systems. He has rep­resented his current employer on the Patents Committee and Council of the IP Federation for some of those years.

Patent Consultations

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

In 2013 the IP Federation, based on discussions in the Patent Committee and at Council, has responded to various consultations and discussion papers from the UK IPO and EPO.

Patent-related incentives and impediments to transfer of technology

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

The Standing Committee on the Law of Patents (SCP) comprises all Mem­ber States of WIPO (World Intellectual Property Organization) and/or of the Paris Union, and, as observers, certain Member States of the UN non-members of WIPO and/or Paris Union, as well as a num­ber of inter­govern­mental and non-governmental organisations.

At its nineteenth session held from 25 to 28 February 2013 in Geneva, the SCP decided that the Secretariat should revise the document on transfer of technology (document SCP/18/8) by adding further practical examples and ex­periences on patent-related incentives and im­pedi­ments to transfer of technology on the basis of input received from members and ob­servers of the SCP, taking into account the dimension of absorptive capacity in tech­nology transfer. Thus the IP Federation was invited, in its capacity as observer to the SCP, to submit such examples to the Inter­national Bureau on or before 30 June 2013.

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