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Intellectual Property Law

IP::JUR

IP matters in the fields of patent and trademark law from a somewhat euro-centric perspective.
By Axel H. Horns

Post Frequency: 0.3/day

Last Entry: June 18, 2008 at 16:40:00

Oberlandesgericht Düsseldorf: A Bitter Row with Federal Patents Court Over Patent Validity?

Posted on June 18, 2008
On May 29, 2008, IPEG Blog had reported on a quite strange decision of Düsseldorf Appeal Court (Oberlandesgericht Düsseldorf):"[...] The Düsseldorf Appeal Court sets new standards in enforcement of patents of pharmaceutical companies against generic manufacturers by granting a preliminary injunction although the patent has been invalidated in first instance by the Federal Patent Court, in Germany

Ms Neelie Kroes: "Standards Are The Foundation Of Interoperability".

Posted on June 10, 2008
Ms Neelie Kroes, European Commissioner for Competition Policy: "Being open about standards" at the occasion of the OpenForum Europe - Breakfast seminar, Brussels, 10th June 2008: "[...] Standards are the foundation of interoperability. Standards may, of course, be proprietary or non-proprietary...

At Long Last: European Patent Register, Online File Inspection Now Available 24/7.

Posted on June 09, 2008
From the website of EPO:"The European Patent Register and the Online File Inspection Facility, Register Plus, is now available 24/7. The database is updated on a 24 hour cycle, and at any time the visible content will be as at 19.00 the previous evening...

New OHIM Website from July 01, 2008

Posted on June 09, 2008
From OHIM's website:"[...] OHIM is launching a new website on 1 July. The site has been designed to be more welcoming while also providing professional users with easy access to the tools they need to register trade marks and designs and to manage their interactions with the office...

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UK: Informal Consultation Paper on The Modernisation of the Trade Marks (International Registration) Order.

Posted on June 04, 2008
From the Consultation Document:"[...] Currently, the legal framework for the examination of international trade marks designating the UK (international marks (UK)) is a mix of the self standing international provisions in the Madrid Protocol (?the Protocol?) and secondary legislation in the Trade Marks (International Registration) Order 1996 (SI 1996 No 714) (?the Order 1996?), made under powers

Will Community Trade Marks Become Cheaper After All?

Posted on June 02, 2008
From Saturday's edition of the Financial Times (FT.com): "[...] A cut in European Union trademark fees could finally be in sight after Brussels said it planned legal changes to tackle a mounting surplus of funds at the EU trademark office this year. Charlie McCreevy, the internal market commissioner, told a meeting of industry ministers in Brussels that he planned a legislative proposal before

Further News on EU Patent Politics.

Posted on June 02, 2008
On Wednesday June 11, 2008, the EU Working Party on Intellectual Property (Patents) will have another meeting (see invitation Document CM 2046/08). The agenda for that day comprises:Discussion of the Draft Agreement on the European Union Patent Court (9124/08 PI 24 COUR 19): examination of Part III (Articles 22 to 56); andDraft Council Regulation on the Community Patent: first exchange of views

Draft Agreement on the European Union Patent Judiciary.

Posted on May 19, 2008
The EU Council has published Document 9124/08 issued by the Slovenian EU Presidency and addressing the Working Party on Intellectual Property (Patents). The title of the Document is Draft Agreement on the European Union Patent Judiciary. The revised Presidency working document contains a Draft Agreement on the European Union Patent Judiciary for discussion at the meetings of the Intellectual

Enhancing The Patent System in Europe: Progress Achived So Far.

Posted on May 12, 2008
There is a new Document 8992/08 issued by Slovenian EU Presidency to Permanent Representatives Committee (Part 1) on May 08, 2008, concerning potential enhancemet the patent system in Europe. Some of the key points of that Document quoted below read as follows:Considerable progress has been achieved on both the patent litigation system and the Community patent, thanks to the positive and

"Permafrost" Of Pending Applications - Alison Brimelow: "I Am Coming To The Conclusion That The Backlog Will Not Be Mastered."

Posted on May 08, 2008
Sometimes it needs to have a full-time journalist conducting an interview with a key figure in order to to help on the blogosphere analysing certain facets of the reality of the European patent system. Today, well-known Mr Joff Wild from IAM Magazine writes in his Blog:"[...

EU Community Patent: Machine Translations Ante Portas?

Posted on April 25, 2008
From Mr Nikki Tait in FT.com:"[...] Efforts to break the logjam over a so-called 'community patent' - a single intellectual property right which would give a holder protection in all 27 EU countries - have gathered pace in recent months and are being pursued by the current Slovenian presidency...

A New IP-Related Blog In Germany.

Posted on April 16, 2008
This might be of interest for all readers of my Blog who have some command of the German language: Mr Bastian Best recently has launched a Blog named pawannabe.org focusing on the various aspects of German Patentanwalt traineeship. That website looks as if it might even be true that tools are provided to the effect that other Patentanwalt trainees can create their own personal blogs...

German Bill on Contingency Fees For Attorneys-at-Law, Patent Attorneys and Tax Advisors.

Posted on April 15, 2008
In my earlier posting I had pointed out that contingency fees are strictly off-limits when hiring German attorneys-at-law, patent attorneys or tax advisors under German Law. In particular U.S. colleagues sometimes have difficulties understanding that in Germany the law is so much different in this respect...

EU Commission Urges Member States and Public Research Organisations to Better Convert Knowledge into Socio-Economic Benefits.

Posted on April 14, 2008
From Document IP/08/555 dated April 10, 2008:"[...] The European Commission today adopted a Recommendation on the management of intellectual property in knowledge transfer activities of universities and other public research organisations. The Recommendation provides public research organisations (PROs) with operational principles to more effectively manage and exploit intellectual property...

London Agreement and IPRED-1 in the German Parliament.

Posted on April 14, 2008
It is well-known that Germany has some trouble with the implementation of the London Agreement because of the original implementation bill was flawed due to miscalculations on the date of entry into force of the translation requirement for European patents designating Germany...

Two New IP Blogs.

Posted on April 13, 2008
There is a new IP-related Blog live on bogspaces.com titled "OAMI Live - Vox Populi. The floor is yours." The introduction text reads as follows:"OAMI Live is led by independent European citizens directly or indirectly concerned by OHIM activities. Information on this site does not involve the responsibility of OHIM or of the European Community...

Rates of Growth.

Posted on March 20, 2008
From the OHIM website:"Record year for Community trade marks and designs OHIM has had another record year for applications for Community trade marks and designs, and 2007 also saw further significant improvements in productivity and timescales for registrations...

News From Merger Deliberations in France.

Posted on March 20, 2008
Recently I had picked up here and there reports on a debate currently ongoing in France to perform a merger between the profession of the Patent Attorneys ("conseils en Propriété Industrielle") with the profession of the Lawyers ("avocats"). Now it appears as if the project is neither dead nor doomed to be stalled indefinitly but there appear to be many obstacles...

Issue 01/2008 of epi-Information Now On-Line.

Posted on March 20, 2008
The recent issue 01/2008 is ready for download here (PDF). From the Table of Contents:Results of the election to the fifteenth epi Councilepi Tutorials 2008Accession of Norway to the European Patent ConventionFall from grace (On Grace Periods in EPC2000) by Pete Pollard (NL) and Cees Mulder (NL)EPC 2000 from the perspective of EQE candidates by Brian Cronin (CH)Raising the Bar? by P...

German Government Unable to Correct London Agreement Implementation Law In Due Time.

Posted on March 20, 2008
As I had reported earlier, the German Act amending the national German translation requirements in accordance with the London Agreement as passed by German Parliament is seriously flawed because of its discrepancy with regard to the deadline for abandonment of the requirement of a full German translation for European Patents designating Germany which appears to be later than that fixed by the

Mr José Manuel Durão Barroso, President of the European Commission: "Counting the Cost of Counterfeits: Fakes Cost More"

Posted on March 10, 2008
From a speech of Mr José Manuel Durão Barroso, President of the European Commission, titlted "Counting the Cost of Counterfeits: Fakes Cost More" delivered at the Global Anti-Counterfeit Summit, Brussels, 10 March 2008:"[...] As in other areas of the economy, without demand, there would be no market to supply...