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German ‘yes’ will most likely bring to life the Unified Patent Court

The German ratification of the Unified Patent Court Agreement will most likely be decisive for the moment when the Unified Patent Court comes into existence. In an interview on recent developments regarding the UPC, Bird & Bird partner Wouter Pors told Kluwer IP Law that the Preparatory Committee and Member States are in contact to make sure there are no surprises regarding the moment the court starts functioning.

The UPC Agreement will enter into force on the first day of the fourth month after thirteen states, including Germany, the United Kingdom and France, have deposited their instrument of ratification. Earlier this month, quite surprisingly Malta became the sixth state to do so. Franc [...]

Translating the Unitary Patent I: ‘Laminated Jealous Glass’

For Europeans who don’t speak English, German or French, the three official Unitary Patent (UP) languages, the future UP system will bring about an even more radical change than for those that do. Over the years, millions of patents from companies all over the world will have been held valid in their territory, although these patents would only be available in one of those three official UP languages. With Patent Translate, the machine translation system developed jointly by the European Patent Organisation (EPO) and Google, anyone will henceforth be able to read a patent description in his or her mother tongue.

patent translatePatent Translate has a statistical approach. ‘The system translates by compa [...]

Want to revoke a patent? Call the inventor

The Italian Supreme Court recently (and surprisingly) said that inventors must be named as co-defendants in revocation actions.

In 2010 I wrote a post concerning the requirement to name inventors as co-defendants in Italian revocation actions. I reported that the Court of Appeal of Milan had established a principle whereby named inventors had to be called in revocation actions and, if they were not, proceedings could not reach the stage of decision. This was based on the then in place provision of Article 122 (4) of the of Italian IP Code, according to which “Any action aimed at the revocation of an industrial property title shall be brought against all persons listed in the register as r [...]

UPC: Advocate General Bot, Philippe Cochet; the good, the bad and the ugly

As the readers will know, on 18 November 2014, Advocate General Yves Bot published his conclusions in cases C-146/13 and C-147/13, whereby he has proposed that the Court of Justice of the European Union (“CJEU”) reject the nullity actions filed by the Kingdom of Spain against Regulation (EU) 1257/2012 (Enhanced cooperation) and 1260/2012 (Translation arrangements) of 17 December 2012.  One of the legal grounds on which he based his conclusions in case C-147/13 is that, under European Union (“EU”) law, no principle of equality of languages exists.  If this is so, it is a matter of regret that the Advocate General’s  views on this principle did not reach his fellow French politicians who, b [...]

Kluwer Patent Blog Poll: The Results

UPC Brace

Literature and litigation go hand in hand. My fellow contributors aptly illustrated this, their recent posts moving to the cadence of the language of Shakespeare and Montesquieu. To follow their footsteps, but on a more contemporary note on a future (some suggest: fantasy) subject: “Brace yourselves, Winter is coming.”

Well, Winter is not coming. At least not in the Netherlands, where 2014 is in the run to become the warmest year since 1706 (when Montesquieu was still a catholic schoolboy).

What is coming, is the UPC. Maybe not this Winter, or next year’s, but sometime in the future, and we better brace ourselves. We are currently climbing to the top of the roller coaster and it will [...]

Specialized IP Courts in China: One Giant Step?

On August 31, 2014 the Chinese legislature approved a resolution to establish specialized IP courts in Beijing, Shanghai and Guangzhou. By early November, the Beijing IP Court was operational and had begun to take cases, with 28 being filed in the first four working days.

bj ip court

The Guangzhou IP Court is expected to be operational around December 15, 2014 and the Shanghai IP Court in January 2015. Some proclaim this as a giant leap forward in China’s IP protection landscape. Anticipation is building. But will it live up to the expectations? Let’s take a look.

Background
Unbeknownst to some, China has had specialized tribunals to adjudicate IP cases for years. Currently, there are about 560 IP [...]

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