Publications

Articles and monographs : 185 Documents

 

The Federation's activities

Document No: PUB 20O/12 Posted: 08 March 2013

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.

The UK Intellectual Property Office

Document No: PUB 20P/12 Posted: 08 March 2013

From early September 2012, John Alty, Chief Executive and Comptroller General, was asked to take on the role of Acting Director General of Knowledge and Innovation (K&I) in the IPO’s parent department, the Department for Business, Innovation and Skills (BIS) whilst a permanent appointment is being made. In order to ensure that the IPO is properly led during this period, John asked his deputy, Sean Dennehey to take on the role of acting Chief Executive.

Trade marks update

Document No: PUB 20Q/12 Posted: 08 March 2013

With the exception of the IP TRANSLATOR Case No C-307/10 (discussed below) there have been no game changing decisions arising from the Court of Justice of the European Union (CJEU) relating to trade marks during the year.

Interflora v Marks & Spencer CJEU Ruling in Case C-323/09 relating to keyword advertising on Google has been remitted to the High Court to determine if trade mark infringement, as opposed to fair competition, had arisen. In passing, the case has given rise to some discouraging guidelines on the use of evidence to demonstrate confusion and customer perception.

The America Invents Act

Document No: PUB 15/11 Posted: 13 February 2012

On 16 September 2011, US President Barack Obama signed the America Invents Act (AIA) into law and instituted the furthest reaching changes to US Intellectual Property Law in approximately 60 years. Despite ostensibly key provisions directed to global harmonisation, the new US legislation will affect IP strategies of global firms which have an eye toward the US market. The key provision of the AIA which reflects a shift to global harmonisation is, of course, the well publicised migration of US IP law to a first-inventor-to-file system. Pre¬viously, the US had been the sole system based on a first-to-invent system. However, beyond this well publicised and fundamental shift are a number of additional key provisions – provisions that will impact the building and enforcement of a strong IP portfolio in the US marketplace. The new legislation will present enhanced opportunity for strategic development and enforcement of IP rights in the US if fully understood and exploited.

The Hargreaves Review

Document No: PUB 13/11 Posted: 13 February 2012
The independent report by Professor Ian Hargreaves published in May 2011 under the title: “Digital Opportunity – A Review of Intellectual Property and Growth”. The review had been com­missioned in November 2010 because of concerns that the existing IP legal framework was not effective in supporting and promoting innovation and growth in the UK.

Preliminary injunctions alive and well – a view from Europe

Document No: PUB 12/11 Posted: 13 February 2012
How do European IPR holders prevent key competitors from launching or selling their prod­ucts in valuable markets in Europe? The answer is simple: obtain a preliminary in­junction (PI), also known as an interim or interlocutory injunction, to put a stop to the competition at an early stage. It worked for Pfizer in the UK, where the sale of generic Lipitor® was recently halted within a matter of hours. Similarly, within 24 hours, Novartis stopped Sanofi’s at-risk launch of generic CoDiovan® in France. PIs have also recently been obtained by Apple against Samsung in respect of products in both the Netherlands and Germany.

Practical issues – selecting an expert and getting the best out of them

Document No: PUB 11/11 Posted: 13 February 2012
Expert evidence is crucial in litigation before the English Patents Courts. A good expert witness will safely guide the Court through the perils of infringement and validity, but the corollary is that an apparently strong case can be defeated due to poor expert evidence. Although identifying the right expert is important, it is also vital to ensure that evidence from a good expert witness is not undermined by defective instructions or inadequate preparation. Perhaps most importantly, expert evidence must remain (and be seen to be) impartial, because any bias will quickly become apparent under robust cross-examination. This article examines a range of practical steps that can be taken to maximise the chances of a favourable expert performance in infringement and validity actions before the English Patents Court.

Innovative tools and processes at the European Patent Office

Document No: PUB 10/11 Posted: 13 February 2012
The European Patent Office (EPO) is committed to harmonising its work with that of other patent offices around the world with a view both to increasing efficiency and quality. If any­thing, these efforts have accelerated under the current EPO president, Mr Benoît Bat­ti­stelli. Principal forums in which harmonisation is discussed are the bilateral meetings with the US Patent and Trademark Office (USPTO), trilateral meetings also including the Japan­ese Patent Office (JPO) and the “IP5” group, which additionally includes the Chinese and Korean intellectual property offices.

EU Patent Reform

Document No: PUB 9/11 Posted: 13 February 2012
On 4 December 2009, the Competitiveness Council adopted a package of measures (“Con­clu­sions on an Enhanced Patent System in Europe”), setting the foundations for both an EU-wide patent and a unified patent litigation system (UPLS) in Europe. The Council Con­clu­sions were a significant milestone, marking political agreement on key components of both the EU patent and UPLS projects, and giving the green light for work to be continued on both dossiers.
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