Please find attached a Blog on the Schutz v Werit Patent case currently before the UK Supreme Court. As potential licensees, Universities would need to ensure what contractual rights they require when participating in the ‘manufacture’ of patented products, wherever the University might find itself in the chain.
CK0801FactorsaffectingIPlicensingdeals
Please see attached article (in the same theme as the previous article) relating to valuation of IP in licence agreements.
Please see the attached article reviewing the Intellectual Property Office publication entitled ‘Agreeing a price for Intellectual Property Rights’ which is becoming increasingly topical.
We have the Patents County Court capably supervised by His Honour Judge Colin Birss (producing some very interesting intellectual property decisions) which allows small claims in intellectual property, up to £5,000.00 to be adjudicated without wearing a proverbial hole in the small business’s pocket, or the small any persons’ pocket.
It is now proposed to introduce an accelerated patent application process via the Intellectual Patent Office (processing patents within 90 days). Faster trade marks examination, down to 5 days, instead of 10 days is also aimed at. There also proposals afoot to provide advice to small businesses and businesses generally, regarding exploitation of IP rights at home and abroad.
The above is of course subject to the ordinary challenges to patents and trade marks so such challenges would still need to be adjudicated.
The link to the Intellectual Property site is attached below. Never let it be said that Government does not bring hope and cheer at Christmas!
http://www.researchprofessional.com/news/article/1278887?i=1279052&__mhid=41964611
The European Commission is holding a “public consultation on the efficiency of proceedings and accessibility of measures property rights” relating to the civil enforcement of Intellectual Property Rights (IPR).
The consultation closes on 30 March 2013.
As a part of its overall strategy on intellectual property, and in line with the Conclusions of the Competitiveness Council of 31 May 2012, the Commission is continuing to consult stakeholders in order to evaluate the overall functioning of the civil enforcement system for intellectual property rights (e.g. patents, trademarks, designs and copyright) in the EU. This survey is a part of the broad strategy of the Commission to improve the legal framework for intellectual property rights and their enforcement in order to allow innovative services and products to create growth and jobs in Europe.
Purpose and Scope of Consultation
The purpose of this survey is to gather specific information about the enforcement of intellectual property rights through contracts, litigation or other means. This information would allow for comprehensive assessment of efficiency and costs of the civil enforcement systems that are put in place for intellectual property rights in the Member States. Additionally, this round of public consultations gives an opportunity to identify complementary work streams where appropriate.
The survey focuses on the period from May 2006 onwards. It is directed at all interested public and private stakeholders. In particular, this survey is seeking information from stakeholders that participated in civil proceedings concerning infringements of intellectual property rights, namely plaintiffs and defendants as well as from other parties involved in such proceedings.
to take part in the consultation please click HERE