The slides for my presentation to the Merseyside meeting of the Chartered Institute of Patent Attorneys on 28 Jan 2016. This presentation discusses the Unified Patents Court, the unitary patent, the implementing legislation and the UPC Agreement.
The unitary patent and unified patent courtJane Lambert
The slides to an introduction to the unitary patent and the Unified Patent Court which I presented in chambers to a selected audience of solicitors and patent attorneys on 2 Feb 2016.
The second module in my introduction to English patent law. Readers are introduced to the legislation and case law. A closer look at the Patents Act 1977, the Patents Rules 2007, the European Patent Convention, the Patents Court and the Intellectual Property Enterprise Court Guides. Readers are also introduced to the Reports of Patent Cases and the Fleet Street Reports.
Details of the EU sanctions in place against Russia with effect from 12 September 2014. What is prohibited, what requires a licence and what is exempt. Covers the arms embargo, dual use goods, energy-related items, capital transactions and the asset freeze.
The unitary patent and unified patent courtJane Lambert
The slides to an introduction to the unitary patent and the Unified Patent Court which I presented in chambers to a selected audience of solicitors and patent attorneys on 2 Feb 2016.
The second module in my introduction to English patent law. Readers are introduced to the legislation and case law. A closer look at the Patents Act 1977, the Patents Rules 2007, the European Patent Convention, the Patents Court and the Intellectual Property Enterprise Court Guides. Readers are also introduced to the Reports of Patent Cases and the Fleet Street Reports.
Details of the EU sanctions in place against Russia with effect from 12 September 2014. What is prohibited, what requires a licence and what is exempt. Covers the arms embargo, dual use goods, energy-related items, capital transactions and the asset freeze.
A Primer to European Patent Law by Vinita RadhakrishnanBananaIP Counsels
A Primer to European Patent Law by Vinita Radhakrishnan
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Kilburn & Strode - The Unitary Patent and UPC in Europe - Edition 2Kilburn & Strode LLP
This booklet providers and overview of the Unitary Patent and Unified Patent Court in Europe. The implementation of the UP and UPC in Europe will significantly change the system for grant and enforcement of European patents.
These exciting developments mean that all interested parties will need to review filing and enforcement strategies in order to be ready for the launch of the new systems in Europe.
Patents101 Part 4 - Applying for a PatentJane Lambert
The fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
This is the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
This article dealing with patents is the first in a series of articles authored by Deirdre Kilroy and Michael Finn analysing the impact of Brexit in the area of intellectual property.
A Primer to European Patent Law by Vinita RadhakrishnanBananaIP Counsels
A Primer to European Patent Law by Vinita Radhakrishnan
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Kilburn & Strode - The Unitary Patent and UPC in Europe - Edition 2Kilburn & Strode LLP
This booklet providers and overview of the Unitary Patent and Unified Patent Court in Europe. The implementation of the UP and UPC in Europe will significantly change the system for grant and enforcement of European patents.
These exciting developments mean that all interested parties will need to review filing and enforcement strategies in order to be ready for the launch of the new systems in Europe.
Patents101 Part 4 - Applying for a PatentJane Lambert
The fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
This is the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
This article dealing with patents is the first in a series of articles authored by Deirdre Kilroy and Michael Finn analysing the impact of Brexit in the area of intellectual property.
Yevgeny sinyakov. Role of innovation culture during the crisis period.Yevgeny Sinyakov
This article states the role of innovation culture in the life of the enterprise during the
crisis period. Old management models with “in-built system errors” have exhausted themselves, to carry out corrections it is necessary to know what exactly must be changed and in what way. What is connection between values of the innovation culture and business results? What are the elements of organizational culture? What organizational mechanisms provide translation of the values from the company leaders and higher management to the employees? Principles of values-based management.
The Coming Economic Downturn: How it will affect inventors and what they can doJane Lambert
The challenges facing inventors in the UK such as sharply reduced demand for goods and services, reduced credit, cautious investment climate, rising costs and increasing competition from BRICs economies but also some opportunities. Inventions in the 1930s and top tips for survival.
Introduction to IP for Business AdvisorsJane Lambert
Foundation for the later presentation \"Developing and IP Strategy\". Presentaiton discusses policy behind IP, IP strategy, sources of law and professional advisors.
Basic introduction to UK patent law originally given to Leeds Inventors\' Club on 16 April 2008. Explires the nature, scope and requirements for a patent, the procedure, infringement and discusses whether patenting is worth the trouble and expense. Considers alternatives to patent proteciton.
Patent Disputes in Europe : a Federal Patent Court for Europe?
The Agreement on a Unified Patent Court [UPC] of February 19, 2013 and Rules of Procedure of the UPC [15th draft dated May 31, 2013]
The handout for the second module of my introduction to English patent law. This covers the sources of law, both legislation and the case law. The module focuses on the Patents Act 1977 and the European Patent Convention. It also introduces readers to the main sets of law reports for patent law, the Reports of Patent Cases ("RPC") and the Fleet Street Reports ("FSR").
Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
The handout for the first module of my an introduction to English patent law. A patent is defined as "a monopoly of an invention". That proposition is unpacked to consider what is meant by "monopoly" and what is meant by "invention". These notes discuss the inventor's bargain with the public and its reflection in the specification, They explore what is meant by the teaching of the patent in the description and the monopoly in the claims,
The Canadian government recently announced that the 12 Pacific Rim countries (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States) negotiating the Trans-Pacific Partnership Treaty (TPP) reached an agreement. According to our government, the TPP will set a “strong regional standard” for the protection and enforcement of Intellectual Property (IP) rights, and will give investors and businesses confidence that the same IP rules will be applied across the TPP region. Before coming into force, the agreement must be ratified by each country.
In this presentation, Scott Foster discusses the IP provisions of the TPP, and examines potential changes to the IP regimes that may arise following an implementation of the TPP in Canada.
A checklist for litigants bringing or defending IP actions in the Small Claims Track of the Intellectual Property Enterprise Court.
This article covers the court's jurisdiction, its rules and practice, pleadings, disclosure and remedies
This article supplements IPEC Small claims Track Guide, CPR Parts 27 and 63 and the Part 27A and Part 63 Practice Directions.
In Nov 2015 a British private limited company registered the words YORUBA and Yoruba as UK trade marks for a wide range of goods and services. Nobody seems to have objected to the registration at the time. On 23 May 2021, another UK incorporated company called The Culture Tree protested vociferously. Many others around the world joined in. It appears that the registered proprietor has agreed to assign the registrations to The Culture Tree which has removed one objection. But should it have been possible to register the name of a nation of 70 million at all? What should be done to prevent issues of this kind in future?
Some background information for a dialogue with Carwyn Edwards on copyright and ICT organized by North Wales Tech and North Wales Creative on 21 April 2021,
Here are the slides of a presentation that I gave to the Barnsley Business Village on 19 Feb 2021. Unlike my earlier presentations, this was designed for business owners. I discussed what was meant by IP, why monopolies such as patents and exclusive rights such as copyrights were difficult to reconcile with the concept of a single market, the need for the approximation of laws and unitary IP rights and the arrangements made in the withdrawal agreement to continue to protect in the UK intellectual assets that were protected by EU intellectual property rights.
What every Business in Wales needs to know about Intellectual PropertyJane Lambert
On 9 Feb 2021, I gave a talk to the Menai Science Park Enterprise Hub entitled "What Every Business in Wales needs to know about Intellectual Property." I prepared these slides for the talk although I did not all of them. Instead, I asked them for their interests which seemed to be registering trade marks and registering designs.
What every business in Bradford needs to know about Intellectual PropertyJane Lambert
Yesterday, I was asked by Steve Ding of Webanbywhere to give the first presentation of the BradfordNetwork. I was delighted to accept that invitation because Steve ran a network for the creative sector in Bradford and Barnsley called Bmedi@ about 10 years ago. The network held talks with leading artists, designers, entrepreneurs, inventors and innovators from West Yorkshire and beyond and regular breakfast meetings at the Business and Innovation Centres in Barnsley. Those events were very well attended. Sadly Bmedi@ disbanded several years ago, It has been sorely missed ever since. At present the only events that can take place are online but the BradfordNetwork hopes to hold some live meetings in the Bmedi@ format with the same sort of speakers once the public health emergency is over.
On 26 Jan 2020, I have a talk over Zoom on "IP after Brexit". My slides are already on Slideshare. These are supplemented by this handout which covers:
- Art 50 of the Treaty of European Union
- The European Union (Withdrawal) Act 2019
- The statutory instruments made in anticipation of our exiting with a withdrawal agreement
- The withdrawal agreement
- The European Union (Withdrawal Agreement) Act 2020
- The Trade and Cooperation Agreement
- The European Union (Future Relationship) Act 2020.
These notes track every legislative change to the requirement in the withdrawal agreement. I also discuss changes to the law not effected by the withdrawal agreement and consider future development of our IP law.
At 23:00 on 31 Dec 2020 EU law ceased to apply to the UK including the Regulations establishing the EU Trade Mark, the Community Design and many other rights. A priority in the negotiations for the UK's withdrawal from the EU was the continued protection of the brands, designs and other intellectual assets that been protected by such rights. The withdrawal agreement entered in Jan 2020 provided for EU trade marks, Community designs, Community plant vaieties, database rights and supplementary protection certificates. This presentation considers the relevant provisions of the withdrawal agreementn and the statutes and secondary legislation which implemnted it. Such legislation is now bearing a great part of the UK's IP infrastructure.
These are the slides for a presentation that I shall deliver over Zoom on 2 Sept 2020 at 14:00. It discusses the judgment of the UK Supreme Court in Unwired Planet International Ltd r v Huawei Technologies (UK) Co Ltd [2020] UKSC 37 which was delivered on 26 Aug 2020.
These are the slides for my presentation to the Menai Science Park Enterprise Hub on 30 June 2020.
This presentation explains what is meant by intellectual property and why it is important to business.
It considers different types of IP:
- patents
- trade marks
- registered designs
- copyrights and related rights,
I talked about related rights and how they can be obtained and rights that arise automatically,
I discussed enforcement and sources of further information including the Business and IP Centres at the British Library and Liverpool.
Finally, I mentioned the network of IP experts to assist M-SParc tenants and others in North Wales.
This is the handout for the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
Patents 101 Part 4 - Applying for a PatentJane Lambert
The handout to the fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
The handout for the third of my modules on English patent law. This one deals with patentability or the conditions for the grant of a patent, namely novelty, an inventive step, utility and no exclusion from patentability. On novelty, readers are introduced to the concept of the "state of the art" and the test of novelty in General Tire and Rubber v Firestone. As to inventiveness, they are introduced to the concepts of the skilled addressee and common general knowledge and the Supreme Court's decision in Actavis v ICOS. Finally, on excluded matter there is a very close look at the Aerotel and Macrpssan tests.
The third of my modules on English patent law. This one deals with patentability or the conditions for the grant of a patent, namely novelty, an inventive step, utility and no exclusion from patentability. On novelty, readers are introduced to the concept of the "state of the art" and the test of novelty in General Tire and Rubber v Firestone. As to inventiveness, they are introduced to the concepts of the skilled addressee and common general knowledge and the Supreme Court's decision in Actavis v ICOS. Finally, on excluded matter there is a very close look at the Aerotel and Macrossan tests.
The first module of my 5 part course on English patent law. This module defines a patent as a monopoly of an invention. it explains the difference between a monopoly and a right to prevent a particular act such as copying. It introduces readers to specifications and claims. It lays the foundation for the rest of the course.
These are the slides for the presentation that I was due to give to the makers at FFPWS on 1 April. FFIWS is a maker space in Porthmadog with laser cutters, 3D printers and all sorts of other impressive kits. As my visit has had to be cancelled I have decided to deliver my presentation online. If there is still enough interest in Porthmadog (or anywhere else in the world for that matter) I will give a fee webinar on 15 April 2020 on IP Law for Makers, The IP law in question will be the law of Wales and England which will not be exactly the same elsewhere but most of the presentation should be relevant more or less anywhere.
Searching IP Databases and using what you findJane Lambert
How to search a patent, trade mark or registered designs database, reasons for carrying out such searches, what you may find there and how to use the information.
IP for Start-ups and other Small and Medium EnterprisesJane Lambert
These are the slides of a presentation that I gave to business owners at the Library@The Lightbox in Barnsley on Monday 23 Sept 2019. I explained that IP is the bundle of laws that protect investment in intellectual assets, that is to say, branding, design, technology and creativity. I discussed the intellectual property rights that have to be registered (patents, trade marks, registered designs and plant varieties) and those such as copyright, unregistered design rights and rights in performances, I spoke abiout licensing, assignment and franchising and enfiorcement of intellectual property rights,
World IP Day at M-SParc: "What is IP?" Jane Lambert
These are the slides of a presentation that I gave at the Menai Science Park on Anglesey as part of Wales's celebrations of World IP Day 2019. They cover "What is IP?" "Why it is important", "How to acquire IP" and "How to enforce it."
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
2. Why prepare for the UPC?
Likely to open for business towards the end of
2016 or the beginning of 2017
• Nine countries including France have already
ratified the UPC Agreement;
• The UK has passed primary legislation
enabling ratification;
• Germany likely to ratify the UPC Agreement by
Sept 2016.
3. Why is the UPC important?
• It will have exclusive jurisdiction to determine
claims for infringement and revocation of unitary
patents;
• It will share jurisdiction over existing European
patents (UK) with the Patents Court and IPEC
subject to any opt-outs during a transitional
period; and
• It will have exclusive jurisdiction over European
patents (UK) after the transitional period.
4. What is the UPC?
• A legal hybrid: neither a national court like the
Patents Court nor an EU court like the CJEU
but a court shared by the contracting member
states.
• Contracting member states are jointly and
severally responsible for ensuring compliance
with EU law and can be sued for any failure to
do so.
5. What is the UPC?
• A self contained court system comprising a
Court of First Instance, a Court of Appeal and
a Registry (art 6 (1));
• The Court of First Instance shall comprise a
central division and local and regional
divisions (art 7 (1)).
• The central division will be in Paris with
sections in London and Munich (art 7 (2)).
6. What is the UPC?
• The London section will handle cases on
human necessities, chemistry and metallurgy
(art 7 (2) and Annex II).
• Munich will handle mechanical engineering,
lighting, heating, weapons and blasting (ibid).
• Paris will handle performing operations,
transporting, textiles, paper, fixed
constructions, physics and electricity (ibid).
7. What is the UPC?
• Each contracting member state can ask for up
to 4 local divisions to be set up in its territory
(art 7 (3) and (4)).
• Groups of contracting states can set up a
regional division in accordance with art 7 (5).
• The UK is likely to have at least one local
division in London as well as the London
section of the central division.
8. What is the UPC?
• The Court of Appeal shall sit in Luxembourg
(art 9 (5)).
• It will hear appeals from final and interim
decisions of the Court of First Instance (art 73
(1)).
• The Registry will be in Luxembourg (art 10 (1))
but there will be sub-registries in all divisions
of the Court of First Instance (art 10 (2)).
9. Sources of Law
There are three basic sources:
• Regulation (EU) No 1257/2012 of the
European Parliament and of the Council of 17
December 2012 implementing enhanced
cooperation in the area of the creation of
unitary patent protection (OJ 31.12.2012 L
361/1)
10. Sources of Law
• Council Regulation (EU) No 1260/2012 of 17
December 2012 implementing enhanced
cooperation in the area of the creation of
unitary patent protection with regard to the
applicable translation arrangements (OJ
31.12.2012 L 361/89) and
• Agreement on a Unified Patent Court of 19
Feb 2013 (“the UPC Agreement”).
11. Sources of Law
Art 24 of the UPC Agreement requires the UPC to
base its decisions on:
• EU law including Regs. 1257/2012 and
1260/2012;
• UPC Agreement;
• European Patent Convention;
• Other international agreements binding all
contracting states such as Paris Convention; and
• National law.
12. The Monopoly
Art 25 of the UPC Agreement provides:
A patent shall confer on its proprietor the right to prevent any third
party not having the proprietor's consent from the following:
(a) making, offering, placing on the market or using a product which
is the subject matter of the patent, or importing or storing the
product for those purposes;
(b) using a process which is the subject matter of the patent or,
where the third party knows, or should have known, that the use
of the process is prohibited without the consent of the patent
proprietor, offering the process for use within the territory of the
Contracting Member States in which that patent has effect;
(c) offering, placing on the market, using, or importing or storing for
those purposes a product obtained directly by a process which is
the subject matter of the patent.
13. The Monopoly
Art 26 (1) also provides:
“A patent shall confer on its proprietor the right to
prevent any third party not having the proprietor's
consent from supplying or offering to supply, within the
territory of the Contracting Member States in which that
patent has effect, any person other than a party entitled
to exploit the patented invention, with means, relating to
an essential element of that invention, for putting it into
effect therein, when the third party knows, or should
have known, that those means are suitable and intended
for putting that invention into effect. “
14. The Monopoly
Arts 26 (2) to 29 provide limits to the monopoly:
• Art 26 (2) provides that art 26 (1) shall not
apply when the means are staple commercial
products, except where the third party
induces the person supplied to perform any of
the acts prohibited by article 25.
15. The Monopoly
• Art 27 provides that the rights conferred by a
patent shall not extend to any of the
following:
– acts done privately and for non-commercial
purposes;
– acts done for experimental purposes relating to
the subject matter of the patented invention;
– the use of biological material for the purpose of
breeding, or discovering and developing other
plant varieties;
16. The Monopoly
– the acts allowed pursuant to Article 13(6) of
Directive 2001/82/EC or Article 10(6) of Directive
2001/83/EC in respect of any patent covering the
product within the meaning of either of those
Directives;
– the extemporaneous preparation by a pharmacy,
for individual cases, of a medicine in accordance
with a medical prescription or acts concerning the
medicine so prepared;
17. The Monopoly
– the use of the patented invention on board vessels of
countries of the International Union for the Protection
of Industrial Property (Paris Union) or members of the
World Trade Organisation, other than those
Contracting Member States in which that patent has
effect, in the body of such vessel, in the machinery,
tackle, gear and other accessories, when such vessels
temporarily or accidentally enter the waters of a
Contracting Member State in which that patent has
effect, provided that the invention is used there
exclusively for the needs of the vessel;
18. The Monopoly
– the use of the patented invention in the
construction or operation of aircraft or land
vehicles or other means of transport of countries
of the International Union for the Protection of
Industrial Property (Paris Union) or members of
the World Trade Organisation, other than those
Contracting Member States in which that patent
has effect, or of accessories to such aircraft or
land vehicles, when these temporarily or
accidentally enter the territory of a Contracting
Member State in which that patent has effect;
19. The Monopoly
– the acts specified in Article 27 of the Convention on
International Civil Aviation of 7 December 19441 ,
where these acts concern the aircraft of a country
party to that Convention other than a Contracting
Member State in which that patent has effect;
– the use by a farmer of the product of his harvest for
propagation or multiplication by him on his own
holding, provided that the plant propagating material
was sold or otherwise commercialised to the farmer
by or with the consent of the patent proprietor for
agricultural use. The extent and the conditions for this
use correspond to those under Article 14 of
Regulation (EC) No. 2100/942 ;
20. The Monopoly
– the use by a farmer of protected livestock for an
agricultural purpose, provided that the breeding
stock or other animal reproductive material were
sold or otherwise commercialised to the farmer by
or with the consent of the patent proprietor. Such
use includes making the animal or other animal
reproductive material available for the purposes
of pursuing the farmer's agricultural activity, but
not the sale thereof within the framework of, or
for the purpose of, a commercial reproductive
activity;
21. The Monopoly
– the acts and the use of the obtained information
as allowed under Articles 5 and 6 of Directive
2009/24/EC, in particular, by its provisions on
decompilation and interoperability; and
– the acts allowed pursuant to Article 10 of
Directive 98/44/EC
22. The Monopoly
• Art 28 provides for prior user:
“Any person, who, if a national patent had been
granted in respect of an invention, would have
had, in a Contracting Member State, a right
based on prior use of that invention or a right of
personal possession of that invention, shall
enjoy, in that Contracting Member State, the
same rights in respect of a patent for the same
invention.”
23. The Monopoly
• Art 29 for exhaustion of rights:
“The rights conferred by a European patent shall
not extend to acts concerning a product covered
by that patent after that product has been
placed on the market in the European Union by,
or with the consent of, the patent proprietor,
unless there are legitimate grounds for the
patent proprietor to oppose further
commercialisation of the product.”
24. The Judiciary
• Art 15 (1) provides:
“The Court shall comprise both legally qualified judges
and technically qualified judges. Judges shall ensure the
highest standards of competence and shall have proven
experience in the field of patent litigation.”
• Legally qualified judges shall possess the qualifications
required for appointment to judicial offices in a
Contracting Member State (art 15 (2))
• Technically qualified judges shall have a university
degree and proven expertise in a field of technology.
They shall also have proven knowledge of civil law and
procedure relevant in patent litigation. (art 15 (3)).
25. The Judiciary
• Judges are trained in accordance with a
judicial training framework at a training centre
in Budapest.
• Judges of the Court of First Instance will
normally sit in panels of 3 with a multinational
composition (art 8 (1)).
• Parties may agree to have their case heard by
a single legally qualified judge (art 8 (7)).
26. The Judiciary
• The Court of Appeal will normally sit in panels
of 5 consisting of 3 legally qualified judges
from different countries and 2 technically
qualified judges (art 19 (1)).
• Appeals in respect if administrative decision
of the EPO can be heard by panels of 3 legally
qualified judges (art 19 (2)).
27. Procedure
• Art 41 provides for Rules of Procedure to be
adopted after broad consultation with stake
holders and the Commission.
• Draft rules have been prepared by a
Preparatory Committee composed of
representatives of the Contracting States but
there has not yet been any public
consultation.
28. Procedure
• The UPC is bound by art 42 (1) to “deal with
litigation in ways which are proportionate to
the importance and complexity thereof.”
• It is also required by art 43 actively to
“manage the cases before it in accordance
with the Rules of Procedure without impairing
the freedom of the parties to determine the
subject-matter of, and the supporting
evidence for, their case.”
29. Representation
• Parties may be represented by lawyers
authorized to practise before the courts of a
contracting state under art 48 (1) or by
European patent attorneys entitled to act
before the EPO under art 48 (2).
• They may be assisted by other patent
attorneys who will have a limited right of
audience under art 48 (4).
30. Proceedings
• Art 52 (1) provides for a written, interim and
oral procedure.
• Broadly, the written procedure equates to the
exchange of pleadings, interim procedure to
case management and the oral procedure is
the parties’ opportunity to “explain properly
their arguments.”
• There appears to be no general duty of
disclosure.
31. Legal Aid
• Art 71 (1) enables a natural person who is
unable to meet the costs of the proceedings,
either wholly or in part, to apply for legal aid.
• The conditions for granting legal aid are to be
laid down in the Rules of Procedure.
• Rule 376 of the draft rules provides for legal
aid to cover court fees, advice and
representation and any costs awarded to non-
assisted parties.
32. Further Information
4-5 Gray’s Inn Square
London
WC1R 5AH
Tel 020 7404 5252
Jlambert@4-5.co.uk
http://nipclaw.blogspot.com