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Fordham Conference 2015 – Unitary Patent and UPC – in practice

The Unitary Patent and the UPC in Practice

Paul England (Taylor Wessing) described the infringement position under the UPC Agreement and the UP Regulation (1257/2012). He explained that there was concern that the UP Regulation infringement provisions would be referable to the CJEU which was seen as undesirable and these were replaced with Article 5(3).

This article can be interpreted to mean the relevant law is the place of business or domicile of the infringer or German law. However, it can also be interpreted to mean the relevant law is the relevant UP law which has been enacted in the relevant Member State (which loops it back to the UPC Agreement and UP Regulation). The latter interpret [...]

Decision in Spanish challenge of Unitary Patent Package on 5 May 2015

The crucial decision of the European Court of Justice (CJEU) on Spain’s objections to the Unitary Patent Package will be delivered on 5 May 2015. The date was published on the CJEU’s website earlier this week.

CJEUThe decision could remove what is widely seen as the last major stumbling block for the creation of the Unitary Patent (UP) and the Unified Patent Court (UPC). Spain seeks annulment of two regulations forming part of the Unitary Patent Package: Regulation No 1257/2012, on the creation of unitary patent protection conferred by a patent  and Regulation No 1260/2012, governing the applicable translation arrangements. Spain argues the language regime disfavors those who don´t have En [...]

Publication: US Patent Law for European Patent Professionals

Guidelines_spines.pmd I am happy to announce the release of my book US Patent Law for European Patent Professionals.

An understanding of US patent law within the context of the US legal system has become increasingly important for patent professionals in Europe in recent decades. Europe and the US are closely linked economic zones, and many inventions for which protection is sought in Contracting States of the EPC are also manufactured and/or brought to market in the United States. As a result, European patent professionals are increasingly confronted with questions from multi-national clients on how best to protect and leverage their inventions within the US. The protection of intellectual property rights in t [...]

European criticism on high renewal fees as proposed for Unitary Patent

The European business sector and the European Commission have voiced concern about the level of the renewal fees for the Unitary Patent, as proposed by the European Patent Office (EPO).

The two EPO proposals for the fee level, often designated as the ‘Top 4 model’ and ‘Top 5 model’ have been discussed on the Kluwer Patent Blog here.

highfeesahead2Earlier this month, a group of large European companies sent a joint letter to Ministers and Heads of Government of European countries. In the letter, which is in the possession of Kluwer IP Law, the companies (Philips, Scania, Ericsson, Nokia, Alfa Laval, Air Liquide, Danfoss, Storaenso and NXP) state:

‘The level of the renewal fees is crucial for indu [...]

How attractive will the European Patent with Unitary Effect (EP-UE) be for Applicants?

A first review of the EPO’s proposals for the EP-UE renewal fees in comparison to the current rates
by Thorsten Bausch and Greg Sach

The EPO, or more specifically the president of the EPO, has recently submitted proposals for the level of renewal fees for the future European Patent with Unitary Effect (EP-UE) to the working group responsible for establishing a fee structure for the EP-UE. This working group consists of the EPO, the 25 EU member states and a number of observers such as EPI, Business Europe, the European Commission and other EPO member states that are not members of the EU. The proposals are for discussion in a meeting scheduled for end of March; if there is no agreement by [...]

‘Not all Unified Patent Courts will prosper’

Once the Unified Patent Court has started functioning, local divisions may have to consolidate into regional divisions or shut down altogether, because it turns out they have too few cases to prosper. That is the expectation of Richard Vary, head of litigation of Nokia.

At the Unitary Patent Package Conference in Amsterdam last February, Vary told Kluwer IP Law that forum shopping under the new UPC system will definitely happen. That is not necessarily a bad thing, he thinks. ‘In Germany the result of competition between the four specialized IP courts is that they have become steadily faster. In Mannheim you will now get to a trial and a decision in less than nine months, whereas in the UK [...]

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