Manual IP News and Unitary Patent News edited by Arnold & Siedsma
 
Unified Patent Court News edited by Bristows
 
Kluwer Copyright Cases edited by IViR
 
Kluwer Patent Cases edited by Brinkhof
 
IP Law Daily - Selected US Cases edited by CCH
 
Volume 2017 - Issue 24
November 2017
 
 
 
 
Table of contents
 
 
News
 
Patents/Utility Models
 
Trademarks
 
Industrial Models and Designs
 
Cases
 
Copyright
European Union (1)
 
 
 

News

 
Patents/Utility Models (11)
 
 
Brazil, China to launch PPH programme
 
On 13 November 2017, the State Intellectual Property Office of People’s Republic of China (SIPO) reached an agreement with the National Institute of Industrial Property of Brazil (INPI) to launch a Patent Prosecution Highway (PPH) pilot programme starting on 1 February 2018.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Brazil, China Full text
 
 
 
 
 
‘UPC project at risk’
 
‘It is increasingly uncertain whether the proposed new Unified Patent Court (UPC) in Europe will come into operation in its current form.’ This is argued in an analysis of Pinsent Masons.

‘The most likely scenario for the Unitary Patent and UPC system to survive the current challenges is for UK ratification to take place prior to 29 March 2019 and for the German constitutional complaint to be rejected by the Karlsruhe court in time for Germany to ratify prior to that date too.

At the moment, there is a lot of uncertainty over whether those two eventualities will materialise.’

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 29 Nov 2017
 
European Union, Germany, United Kingdom Full text
 
 
 
 
 
EPO report: Unitary Patent could enhance technology transfer
 
The Unitary Patent could significantly enhance technology transfer in the EU through more trade and foreign direct investment (FDI), according to an EPO report.

‘The study, Patents, Trade and FDI in the European Union, carried out by a team of economists from the EPO, the University of Colorado Boulder and the London School of Economics, shows that, while patents already have a positive effect on trade and FDI in Europe, their impact is currently hindered by the lack of truly barrier-free EU-wide patent protection.’

For more information please click here.

 
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 29 Nov 2017
 
European Union Full text
 
 
 
 
 
EPO ready to implement Unitary Patent
 
The preparation of financial aspects of the Unitary Patent was the main topic of the 22nd meeting of the Select Committee of the European Patent Organisation in Munich on 9 October 2017.

The ‘Committee welcomed the submission of a draft statement of income and expenditure for 2018, which it endorsed and which was then incorporated into the Authorisation Budget of the Office. (…). It much appreciated to be provided with an overview of all interfaces, confirming that the Office was ready for the implementing phase and was striving to ensure that the operations will be handled in a user-friendly manner.’

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 29 Nov 2017
 
European Union Full text
 
 
 
 
 
Professor Tilmann: Constitutional complaint will likely be dismissed
 
The German complaint against ratification of the UPCA will likely be dismissed, as it doesn’t pass the high threshold that has been set by the Federal Constitutional Court for applicability of Art. 79 (3) of the Constitution in the past.

According to a report of the University of Düsseldorf, Professor Dr. Winfried Tilmann of Hogan Lovells has expressed this expectation during a speech last month.

‘Professor Tilmann summed up the constitutional framework as follows: The admissibility of the constitutional complaint depends crucially on whether the concretely asserted objections violate the principle of the rule of law in such a way that the constitution in its inalienable existence is infringed.’

For more information (German) please click here.

 
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 29 Nov 2017
 
European Union, Germany Full text
 
 
 
 
 
EPO report on UP system ‘somewhat rose tinted’
 
The EPO report Patents, trade and foreign direct investment in the European Union ‘glosses over or omits the challenges or drawbacks facing the unitary patent and Unified Patent Court.’

According to an article of IP Copy, the discussion of the Unitary Patent system in the paper is ‘somewhat rose tinted’.  For instance: ‘The paper provides a cost estimate between the Unitary Patent renewal costs and the cost of maintaining four patents (in DE, UK, FR and IT). Over a 12 year period the savings amount to only around 600 Euros. This is seen as somewhat significant in the study but to IPcopy’s mind is a little underwhelming!’

Also, there is ‘no discussion of the downsides of the Unitary Patent system, namely the risk of central attack and the inability to prune patent portfolios over time.’

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 29 Nov 2017
 
European Union Full text
 
 
 
 
 
UK House of Commons committee considers draft UPC legislation
 
A Legislation Committee of the House of Commons will debate The Unified Patent Court (Immunities and Privileges) Order 2017 on 29 November 2017. 

This has been reported by Bristows. It is one of the final steps allowing the UK to ratify the UPCA. ‘If the Committee decide that the draft Order be approved, a motion to approve it will be put “forthwith” (i.e. without debate) on the floor of the House of Commons for formal agreement.’

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 29 Nov 2017
 
European Union, United Kingdom Full text
 
 
 
 
 
EU Council: 14 UPCA ratifications, more support needed for Provisional Protocol
 
The EU presidency has published a document which makes clear that so far 14 member states have completed the ratification procedure by depositing their ratification instrument with the secretariat of the EU Council.

These states are Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Portugal and Sweden. Another four member states have received parliamentary approval to ratify: Germany, Latvia, Slovenia and the UK.

Other than Germany, two more member states which have ratified the UPCA or received parliamentary approval to ratify the UPCA must express consent to be bound by the PPA before the provisional application can start.

For more information please click here.

 
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 29 Nov 2017
 
European Union Full text
 
 
 
 
 
Dutch Supreme Court landmark ruling on second medical use patents
 
The Dutch Supreme Court has given a landmark ruling in a case on the protection of second medical use patents.

Accroding to a report by De Brauw Blackstone, it is the first time that the highest court in a European country has ruled on this matter.

In the case, between MSD and Teva, the ‘Supreme Court allowed both direct and indirect infringement on second medical use patents and set a substantially lower threshold than the court of appeal. The Supreme Court also “reinterpreted” its case law on indirect patent infringement in general. This ruling has a significant impact – well beyond Dutch borders – on pharmaceutical research aimed at second medical use and on return on research costs through meaningful patent protection’, according to the report of De Brauw Blackstone, which represented MSD.

For more information please click here.

 
 
Author(s): Kluwer IP Reporter
 
Source: Kluwer Patent CasesDate: 29 Nov 2017
 
Netherlands Full text
 
 
 
 
 
Singapore publishes revised Examination Guidelines
 
Pursuant to legislative changes made to the Singapore Patents Act, on 30 October 2017, the Intellectual Property Office of Singapore (IPOS) published changes to its Patent Examination Guidelines, which came into effect immediately.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Singapore Full text
 
 
 
 
 
USPTO issues final rule on revised patent fees
 
On 14 November 2017, the U.S. Patent and Trademark Office (USPTO) published the final rule in the Federal Register regarding setting or adjusting certain patent fees under the Leahy-Smith America Invents Act (AIA) to recover the aggregate estimated cost of the USPTO’s patent operations, Patent Trial and Appeal Board (PTAB) operations and administrative services.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
United States of America Full text
 
 
 
 
 
Trademarks (9)
 
 
Argentina and Moldova make trademark data available on TMview
 
Effective 20 November 2017, the National Institute of Industrial Property of Argentina (INPI) and the State Agency on Intellectual Property of Moldova (AGEPI) have made their trademark data available via TMview, an online search tool that allows users to access the databases of all participating trademark offices.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Argentina, Moldova Full text
 
 
 
 
 
IP Australia launches new trademark database
 
IP Australia has launched TM-link, a trademark database that links trademark applications across countries, via company names, text, and images.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Australia Full text
 
 
 
 
 
Madrid Protocol fees modified for Benelux
 
Under the provisions of the Common Regulations under the Madrid Agreement and Protocol Concerning the International Registration of Marks, the Director General of the World Intellectual Property Organization on 13 November 2017 notified revised individual fees applicable when Benelux is designated in an international application or in an application for renewal of international registration.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Benelux Full text
 
 
 
 
 
WIPO notifies revised individual fees for Colombia
 
On 13 November 2017, the World Intellectual Property Organization has notified revised individual fees payable under Madrid Agreement and Protocol Concerning the International Registration of Marks when Colombia is designated in an international application or in an application for renewal of international registration.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Colombia Full text
 
 
 
 
 
Madrid Protocol fees revised for India
 
Based on a declaration by the Government of India under the provisions of the Common Regulations under the Madrid Protocol Concerning the International Registration of Marks, the World Intellectual Property Organization has notified revised individual fees applicable when India is designated in an international application or in an application for renewal of an international registration.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
India Full text
 
 
 
 
 
Kurdistan region in Iraq reopens Erbil trademark office
 
The Trademark Office in Erbil, which caters for the Kurdish region of Iraq, has resumed operations and started processing pending applications and accepting new applications.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Iraq Full text
 
 
 
 
 
Kuwait to issue separate certificates for trademark renewal and recordal
 
The Kuwait Trademark Office has taken measures to issue separate certificates for trademark renewal and recordal actions.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Kuwait Full text
 
 
 
 
 
Qatar implements online trademark application filings
 
The Qatar Trademark Office has recently decided to accept trademark filings only if they have been filed electronically.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Qatar Full text
 
 
 
 
 
Saudi Arabia revises validity of POAs to five years
 
The Saudi Arabian Trademark Office has notified a change in the validity of a power of attorney (POA).
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Saudi Arabia Full text
 
 
 
 
 
Industrial Models and Designs (1)
 
 
Three new members for Designview
 
Effective 20 November 2017, the National Institute of Industrial Property of Argentina, the Swiss Federal Institute of Intellectual Property, and the State Agency on Intellectual Property of Republic of Moldova have made their design data available via Designview, an online search tool that allows users to access the design databases of all participating offices.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 29 Nov 2017
 
Argentina, Moldova, Switzerland Full text
 
 
 
 

Cases

 
Copyright (1)
 
 
GS Media v Sanoma Media and Others, European Court of Justice (ECJ), C-160/15, 08 September 2016
 
The CJEU ruled that a distinction needs to be made between linking to legal, as opposed to illegal, content, and established a test for determining whether and in what circumstances hyperlinking may constitute a communication to the public.
 
Author(s): Sophia Urlich
 
Source: Kluwer Copyright CasesDate: 29 Nov 2017
 
European Union Full text Full text as PDF
 
 
 
 
 
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