Publications

Articles and monographs : 185 Documents

 

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.  

IP Federation archive made available to the public

Document No: PUB 21E/21 Posted: 22 December 2021
Legal scholars, business historians, and others now have access to a wealth of previously unavailable material showing how business reacted to and lobbied on IP law from 1920 to 1989. Until recently, the archive of the IP Federation was stored in a warehouse in Chatham, save for a few items retained in the IP Federation office. Operating under the IP Federation’s document retention and destruction policy, Council deemed the archive as suitable for donation to a scholarly library subject to a “30-year rule”. As a result, since mid-2021, this material has been publicly available in the Weston Library in Oxford, which houses the “special collections” of the Bodleian, the main research library of the University. Legal scholars and business historians have access to a wealth of material from the foundation of the Federation in 1920 up to the end of 1989.  

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.  

Patent Harmonisation Activities

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

1.                   Introduction

There have been two main areas of activity concerning attempts to harmonise and improve the patent system in 2021: Substantive patent law harmonisation (SPLH) in conjunction with the B+ group of WIPO nations and procedural harmonisation before the IP5 group of Patent Offices.

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.  

International Trade and Intellectual Property

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

A Vision in support of the UK Government’s Trade Strategy

With the world on the cusp of a 4th Industrial Revolution promising emerging technologies such as Internet of Things, autonomous vehicles, quantum computing, AI and genomics, it is critical to get the IP aspects of trade deals right. In view of the speed of progress, any obstacles to innovation and IP will damage the UK’s economy for decades. The profound global challenges posed by the Covid-19 pandemic make successful outcomes from trade negotiations even more important.  

Exhaustion – phew!

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

The UK’s future regime for the exhaustion of intellectual property rights

It is an old joke, and a truism, in the IP community that thinking through the exhaustion of intellectual property rights (IPRs) is, well, exhausting. This is because the subject itself is so complex, the implications so far-reaching, and perspectives so diverse, that analysis and discussion can too easily descend down a metaphorical rabbit hole. It is unsurprising, then, that considering and responding in August 2021 to the UK government’s consultation on the UK’s future regime for the exhaustion of IPRs took up a great deal of time, thought and energy.

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.  

Designing the Future

Document No: PUB 21L/21 Posted: 22 December 2021
Following the UK’s departure from the EU, holders of rights in designs have been busy ensuring continuity of rights and strategies for navigating the new scope of rights in the UK and the EU. As the dust settles from this flurry of activity, the future of design legislation in the EU is taking shape and the IP Federation has been active in presenting the view of UK industry.

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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