Publications

Total Documents: 253

 

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.

The European Observatory on Counterfeiting and Piracy

Document No: PUB 8/11 Posted: 13 February 2012
2012 looks like being a significant year for intellectual property enforcement in the Euro­pean Union. Whilst the ecommerce directive is unlikely to be reopened, the customs regula­tions are currently being considered, the Intellectual Property Rights Enforcement Directive (IPRED) is likely to be in the second half of the year and at some point the Anti-Counterfeiting Trade Agreement (ACTA) will come to the parliament for approval. As sig­nificant as these though will be the regulation extending the remit of the European trade mark office (OHIM/OAMI) to include responsibility for the delivery of the work of the European Observatory on Counterfeiting and Piracy.

Commission Consultation on the Enforcement Directive

Document No: PUB 7/11 Posted: 13 February 2012
The Enforcement Directive 2004/48/EC relates to the enforcement of all intellectual prop­erty rights. It was intended in particular to provide access to information concerning an al­leged infringing activity to enable a right holder to make a case in Court, and even seizure of materials. The necessary powers were already possessed, for instance, by the Courts in England and France, but not in all other EU countries. The European Commission invited comments (due by 31 March 2011) on the functioning of the Directive from interested par­ties, with a view to its amendment in due course. The Directive has been felt wanting with regard to Internet-related infringements.
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