IP strategy

Thu 19th Nov 2020

For EU design registrations which are registered and published by the end of 2020, an equivalent “cloned” UK registered design will be automatically created at no cost to the EU registered design rights holder. 

Fri 13th Nov 2020

After the UK leaves the EU at the end of the Brexit transition period on 1 January 2021, new EU registered community designs (RCDs) will no longer provide registered design protection in the UK.

After 1 January 2021, if you wish to obtain both EU and UK registered design protection, it will be necessary to apply for these registered designs separately.

Sat 17th Oct 2020

Innovate UK has published its updated ‘Design in Innovation Strategy’ to cover the period 2020 to 2024, as part of the government’s commitment to increase public and private investment in R&D activities.

Wed 14th Oct 2020

Figures published by the UK Intellectual Property Office show a marked upturn in the number of filings of trade mark and design right applications since April 2020.

Fri 25th Sep 2020

This is a brief note on the position concerning how EU-wide trade marks and EU-wide registered designs will be affected by Brexit from 1 January 2021. The advice below is applicable to trade marks and designs equally.

Please note the European Patent Office is not an EU institution and European patents and patent applications are not affected by Brexit.

This is a very important notice for the owners of EU-wide trade marks and designs. Please contact us if you have any questions.

Mon 24th Aug 2020

An audit of your intellectual property will pay dividends as it enables a business to identify new revenue streams, enhance business value, implement best practice, assess and reduce the risk of competition.  It is particularly important for any business with a strong brand or knowledge-based products or services.

Wed 12th Aug 2020

Your logo is an important part of your branding, and the last thing you want is to see another business using an identical or very similar logo that might cause confusion amongst customers and which could devalue your brand.

Fri 17th Jul 2020

By 17 June 2020, according to Center for Disaster Philanthropy (CDP), some $11.4 billion had been donated to help tackle the COVID-19 outbreak.

Large donations have been made by some of the world’s leading companies and foundations, and universities are racing to develop a vaccine.

Mon 1st Jun 2020

In an article for The Times Higher Education (published May 30, 2020), intellectual property strategists Virginia Driver and Tom Woodhouse have urged universities to guard their IP rights to ensure COVID-19 innovations reach the vulnerable in poorer nations.

Thu 28th May 2020

When establishing a new brand, it is important to avoid spending time and resources on registering a trade mark brand which is likely to be refused by the Intellectual Property Office.

Thu 21st May 2020

A recent decision by the German Federal Court of Justice (BGH) relates to European Patent Convention (EPC) law and provides guidance for software companies seeking to protect an inventive step in a graphical user interface at the European Patent Office (EPO).

Mon 27th Apr 2020

Invalidation is the legal procedure which allows anyone to try and remove a trade mark from a register and can relate to the entire registration, or only some of the goods or services covered by the trade mark. This is important if:

Thu 23rd Apr 2020

Patent attorney Virginia Driver recently gave a presentation to the Bruntwood SciTech Wednesday community, looking at how individual innovators can protect their inventions and creations.

Tue 21st Apr 2020

Sometimes you expect something to happen, but it still surprises you when it does occur.

Wed 8th Apr 2020

We hope that you are keeping well and are settling into this new way of working.

Wed 11th Mar 2020

Finding and entering new markets is key to the growth of any business, whether this is selling to a new industry sector or into a foreign territory. But this can be time-consuming and labour intensive and difficult to do well if you do not have anyone who speaks the language, understands the sector or is familiar with differences in the cultural or regulatory environment.

Wed 16th Jan 2019

As you will be aware, the UK faces continued uncertainty over its relationship with the EU following Parliament's vote to reject the withdrawal deal. Nonetheless, whatever happens, your European intellectual property is safe with us.

Tue 25th Sep 2018

On 24 September, the UK government released its latest pre-Brexit updates for businesses in regard to the implications for intellectual property. These papers outline the situation in the event of a ‘no deal’ scenario, explain the implications for businesses in the UK, the EU and other countries, and they highlight any actions which are required by businesses and other stakeholders.

Mon 6th Aug 2018

On 27 March 2018, the German Federal Court of Justice (the Bundesgerichtshof – Germany’s highest court of civil and criminal jurisdiction) made a decision relating to case X ZB 18/16 ‘Feldmausbekämpfung’ which confirms that methods cannot benefit from patent protection under the utility model in Germany.

Mon 2nd Jul 2018

The outcome, implications and effect of Brexit remain unknown and unclear. However on 19 March 2018 the European Commission published a draft agreement indicating terms that have been agreed with the UK in the event of a wider agreement concerning Brexit and those yet to be agreed.

Mon 11th Jun 2018

Subject to any transitional arrangements or other changes in law following Brexit, scheduled for 29 March 2019 when the United Kingdom will leave the European Union, there will be no copyright or unregistered design right protection in the UK for the 3‑dimensional aspects of industrial designs for nationals of most non‑EU countries. This includes nationals of, amongst others, the US, Canada, Australia, China, Japan and South Korea.

Fri 25th May 2018

The UK has recently ratified the Unified Patent Court Agreement (UPCA) and the Protocol on Privileges and Immunities (PPI). Olaf Ungerer discusses the the impact that this will have on Brexit negotiations.

Sat 28th Apr 2018

Protecting your intellectual property is key to the operational and financial success of many businesses.

Thu 19th Apr 2018

In Activis v Eli Lilly Lord Neuberger referred to certain circumstances where it would be appropriate to consider prosecution history to assist in claim interpretation. Jeff Daniels explains that this does not open the door generally to file wrapper estoppel, and reference to the prosecution history is the exception and not the rule.

Wed 18th Apr 2018

Adam Flint examines the UKIPO’s approach to Landmark Graphics Corporation’s application to patent geological computer software and the requirement for a technical contribution.

Thu 5th Apr 2018

At this year’s iF seminar in London, Virginia Driver was one of a panel of three industry experts discussing the potential for UK SMEs to become leaders in innovation, research and development. The panel discussed a wide variety of topics, including entrepreneurship, patent protection and keys to success.

Sun 1st Apr 2018

The Hague Agreement or Hague System, is a procedure that allows for the international registration of industrial designs through a single application filed at the International Bureau (IB) of the World Intellectual Property Organisation (WIPO).

Thu 1st Mar 2018

Patent attorney David Roberts reviews the CJEU judgement C-361/15 - Easy Sanitary Solutions v Group Nivelles and give some background and implications of the case.

Fri 23rd Feb 2018

The European Patent Office (EPO) and the Chartered Institute of Patent Attorneys (CIPA) met on 24 January to confirm that Brexit will have no effect on UK membership of the EPO, or on European patents in the UK.

Fri 6th Oct 2017

On 30 August 2017, in a report commissioned by the UK government, Sir John Bell set out an ambitious vision for the UK health and life science sector, with the aim of making the UK a world-leader in this sector over the next 20 years.

Fri 22nd Sep 2017

The UK Intellectual Property Office has published a study on the performance of the UK patent system, and concluded that it operates in an overall positive way.

Wed 20th Sep 2017

There are over 200 UK laws and regulations governing promotional communications and advertising and, while consumers increasingly use social media to make direct complaints, a key part of the control of advertising in the UK is the Advertising Standards Authority (the ASA). This is a self-regulated, non-government body paid for largely by the advertising industry, which regulates the content of adverts, sales promotions and direct marketing and has established codes.

Wed 28th Jun 2017

This week, the Unified Patent Court took one step forward in the UK with the publication of remaining draft legislation, but came to a standstill in Germany, where a law suit has brought proceedings to a pause.

Wed 11th Jan 2017

As your business grows and you expand into new markets, then there will be strategic decisions to take about how best to manage your international portfolio of trade marks. One key consideration is whether to take advantage of a seniority claim.

Mon 9th Jan 2017

If you sell products, or services internationally, then you will need to consider where and when to register trade marks to protect the intellectual property in your branding. Planning your approach is an important part of your IP strategy.

Thu 1st Dec 2016

For British research institutions and businesses looking to benefit from the UK-China technology transfer, there are a number of best practice methods for intellectual property that should be considered.