There are no disadvantages to the Unitary Patent package, as it is an optional system. Willem Hoyng, lawyer of Hoyng Monegier and member of the Legal and the Expert Panel of the UPC Preparatory Committee, wrote this in a paper made available to Kluwer IP News. If companies don’t want to put all their eggs…
Dr. Simon Klopschinski In recent time the trademark, copyright and competition law senate (1st senate) of the Federal Court of Justice (FCJ) and one of the patent senates of the Düsseldorf Higher Regional Court have issued conflicting decisions on the question of whether the presentation of a product at a trade fair in Germany constitutes…
Member States of the UPC Agreement reported on the national ratification processes during the 7th meeting of the UPC Preparatory Committee on 4 November 2014 in Brussels. According to the Preparatory Committee the situation looks promising since many Member States reported they hope to be able to ratify the UPCA in the course of 2015….
As part of their training, the first group of some 25 candidate Unified Patent Court (UPC) judges will follow internships at specialized patent courts, such as those in the UK, Germany, France and the Netherlands. Paul van Beukering, Chairman of the Preparatory Committee for the UPC, told Kluwer IP Law that various options are currently…
by Dr Mark A G Jones The UK’s Intellectual Property Act 2014, enacted to implement recommendations of the 2011 Hargreaves Review of Intellectual Property, has extended the powers available to the United Kingdom Intellectual Property Office (UKIPO) to revoke British patents of its own motion. This applies both to patents granted directly by the UKIPO…
The 17th Draft Rules of Procedure for the Unified Patent Court have been published on 3 November on the website of the Unified Patent Court. A hearing on the new Draft is planned for 26 November 2014 at the European Law Academy (ERA) in Trier. The meeting will be open to some 200 experts from…
1. Introduction: Over the last decade, in some of the countries that did not introduce patent protection for pharmaceutical products until 1992, there has been an intense debate which has included, inter alia, the following two questions: (i) whether or not under Articles 70.2 and 27.1 of TRIPS, a patent granted following an application claiming…
‘When all you have is a hammer, everything looks like a nail.’ At the EU Patent Package Congress in Brussels, organized on 17 October by the universities of Antwerp en Louvain attended by Kluwer IP Law, several speakers tackled the issue: is the creation of a specialized court for patent litigation necessarily positive? For companies…
by Rechtsanwalt Dr. Ingve Björn Stjerna, LL.M., Certified Specialist for Intellectual Property Law, Düsseldorf. This article reflects the personal opinion of the author. In Spain’s nullity proceedings against the “unitary patent” Regulations, Advocate General Yves Bot will shortly deliver his Statement of Position, i. e. his suggestions on how the Court should decide these matters….
by Jan Pot and Ruprecht Hermans MSD’s European Patent for treating baldness, EP 0 724 444 (‘EP 444’), has been the subject of a number of (in)validity decisions throughout Europe, with differing outcomes. The Dutch chapter in this saga is a decision of the District Court The Hague, which holds that – contrary to the…
