In a move that has surprised many, the UK government has
announced that it is pressing ahead with its preparations to ratify
the Unified Patent Court Agreement (UPCA).
The UPCA is an agreement between most of the European Union
member states to establish a single patent right covering those
member states (the Unitary Patent, UP), and a new, centralized
court (the Unified Patent Court, UPC) ,which will eventually have
sole jurisdiction to decide on disputes arising from both Unitary
Patents and European patents in those member states. One of the
branches of the Central Division of the UPC is to be located in
London, handling most cases relating to the validity of patents in
the life sciences and chemistry areas.
The UPCA has been in limbo since the result of the UK's
referendum in June, stating that the UK should leave the European
Union ("Brexit"). The UPCA requires ratification by at
least 13 participating member states (11 have ratified to date),
including France (which has already ratified), Germany, and the UK
in order to come into force. Many had assumed that in view of the
referendum result, the UK government would be unwilling to proceed
with ratification of the UPCA.
The new announcement from the UK Minister of State for
Intellectual Property, Baroness Neville Rolfe can be found here. It explains that the UK will continue
with its preparations to ratify the Agreement over the coming
months and will be working with the Preparatory Committee to bring
the UPC into operation as soon as possible.
Questions still remain over the UK's continuing role in the
UPC and Unitary Patent systems when the UK leaves the EU. This
announcement, however, indicates the UK's willingness to
participate in the system, and if the UK does proceed with
ratification as indicated, and Germany also proceeds with
ratification, then the UPC and Unitary Patent could come into
effect as early as mid-2017.
For further information about the UPC and Unitary Patent, please
visit the dedicated area of our website here.
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30 Mar 2017, Speaking Engagement, Boston, United States
Please join us for an interactive roundtable discussion with experienced trademark practitioners from the United States, Europe, and China, offering industry considerations and practical insights on where the laws and practice converge and diverge relative to issues of clearance, prosecution, and enforcement.
30 Mar 2017, Webinar, Washington, DC, United States
As part of Strafford Publications’ webinar series, Finnegan attorneys Cory Bell, Josh Goldberg, and Tom Irving will discuss notable PTAB decisions over the last twelve months, examining PTAB outcomes both at institution and final disposition, as well as procedural developments during PTAB trials.
The program will also consider Federal Circuit review of PTAB FWDs, as well as the PTAB’s handling of the cases on remand. For more information, or to register, please see Strafford Publications’ website.
Trading under your name is an appealing idea, especially in the fashion world where designers frequently use their own names as brands (think Hugo Boss, Donatella Versace, and Tom Ford, to name but a few).
1.The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Community under that trade mark by the proprietor or with his consent.
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