Publications

Total Documents: 72

 

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.

Trends and Events 2011

Document No: PUB 20/11 Posted: 23 January 2012

ISSN 2046-3049

Trends and Events is our annual publication in which the Federation reviews its previous twelve months’ activities. It provides an overview of those IP issues which engaged industry during that period and tries to look beyond current issues to identify future areas of interest, activity or con­troversy.

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.

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.

Trade marks

Document No: PUB 4/11 Posted: 13 February 2012
The Report from the Max Planck Institute resulting from the Study on the Overall Func­tioning of the European Trade Mark System - to which the Federation had submitted evidence – was eventually published on 15 February 2011. The Study upheld the principle espoused by the Federation to the effect that genuine use of a Community Trade Mark Registration in one Member State was sufficient to maintain the validity of the registration against an attack based on the ground of non-use. Amongst the other recommendations, the Report advocated the use of the large surplus of funds to establish an organisation to tackle counterfeiting (the Observatory) rather than return fees to registered owners. The funds would also be distributed to operating and educational projects under the auspices of the National Offices. Both of these projects will require continuing funding by trade mark owners even though copyright and design infringements would also be covered by the pro­posals. The Commission will produce a Green Paper in 2012 setting out proposals for the reform of the Community Trade Mark Directive and Regulation taking into account the recommendations, as well as other possible changes.

The Federation's achievements

Document No: PUB 1/11 Posted: 13 February 2012
One of the IP Federation’s chief lobbying tools is its policy papers. These are all available on the website at:
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.

Trends and Events 2010

Document No: PUB 20/10 Posted: 14 December 2010

ISSN 2046-3049

Trends and Events is our annual publication in which the Federation reviews its previous twelve months’ activities. It provides an overview of those IP issues which engaged industry during that period and tries to look beyond current issues to identify future areas of interest, activity or con­troversy.

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