We would be delighted if you would join us at The Varsity Hotel and Spa on Thursday 7th June.
Join the patent and trade mark teams for drinks and canapés on the roof terrace and enjoy panoramic views of Cambridge.
When: Thursday 7th June 2018
Time: 18.00 – 21.00
Where: Thompson’s Lane, CAMBRIDGE CB5 8AQ
Please click here to RSVP by 1st June to confirm your attendance and let us know if you have any dietary requirements. We look forward to seeing you!
Many will have noticed the recent decision by EU member states to endorse the European Commission’s proposal to completely ban all outdoor use of certain, widely-used neo-nicotinoid pesticides, which have been reported to have a detrimental effect on honeybee and wild bee populations. This has followed a decision in 2013 to only ban the use of such pesticides on flowering crops; those which are most likely to attract bees.
Whilst the UK was one of the member states to oppose the partial ban initially, Michael Gove, the Government’s Environment Secretary, has indicated that in the light of further evidence highlighted in a report by the UK Expert Committee on Pesticides (ECP), extending the ban as proposed by the Commission is something that the Environment Secretary now considers to be justified.
Whilst many will see the ban as a victory for conserving bee populations, which have historically served certain sectors of the food industry well with their pollination prowess, as well as for reducing the incidence of pesticide contamination in food products, others see the measures as overly cautious and serving to rewind years of development of the farmer’s armoury against pests which can blight crop production. This comes at a time when concerns over global food shortages are steadily growing as current projected food production trends fall well short of the projected demand of a global population expected to reach 9 billion by 2050.
Agri-Science was identified in 2014 as part of the UK Intellectual Property Office’s (IPO) “Eight Great Technologies” report as a robust and growing area for innovation in the UK.
It seems that now more than ever the gauntlet has been thrown down for Agri-Tech innovation to respond to the further challenges to maximising crop production.
Nevertheless, we have already had glimpses of the new technologies which might provide the answer, including the use of drones and robotics, farm management software packages, vertical farming, aquaponic farms for urban environments, gene-editing and biological pesticides, to name but a few.
Thus, although the decision to reign in the use of certain pesticides might make crop protection that bit more difficult in the short term, innovation in this area is a promising sign that there will be other new tools for the farmer to rely on to maximise crop protection sustainably in the future.
Mathys & Squire’s Agri-Tech team are working with a range of businesses at the cutting edge of farming and food production.
If you want to know more about this topic or any other Agri-Tech related area, please contact Mathys & Squire partner, Mike Stott on [email protected]
Mike has a first class master’s degree in chemistry from the University of York, and was awarded the university’s ‘ICI Prize’ for his performance in the final examinations. Mike has worked in the patent profession since 2008 and prior to that worked in the pharmaceutical industry. He has been involved in the drafting and prosecution of patent applications in the UK, Europe, and many overseas jurisdictions, including the US.
On Thursday 26th April we celebrated World Intellectual Property Day: ‘Powering Change: Women in innovation and creativity’.
In 2000, the World Intellectual Property Organisation (WIPO) designated 26 April as World Intellectual Property Day with the aim of increasing the general understanding of intellectual property. As such, the day provides a unique opportunity for those around the globe to consider and celebrate how innovation and intellectual property drives change and shapes our future.
We hosted a drinks reception at our head office in London in The Shard and were joined by innovators, start-ups, entrepreneurs and businesses in IP.
Mathys & Squire partner Caroline Warren lead the speeches, outlining why she chose to pursue a career in IP and engineering, whilst Wynne Willson Gottelier’s Director of Innovation, Whitney Conti, talked through her success story and her ongoing exploration into renewable energy and sustainability.
With events taking place around the world, the evening was one of many that celebrated the importance of IP and highlighted the diverse ideas and technologies that are in the making.
We look forward to celebrating again next year!
If you want to know more about IP in IT and Telecoms related areas, please contact Mathys & Squire partner, Caroline Warren on [email protected].
Caroline has a master’s degree in physics from the University of Oxford, with a specialisation in laser physics. Caroline manages large portfolios of applications for multinational organisations, including representing clients at hearings before the European Patent Office, but also enjoys advising small businesses on their IP strategy, both in the UK and internationally. She drafts and prosecutes patent applications in the fields of networking and communications technologies
The UK government used the occasion of World IP Day yesterday to ratify the Unitary Patent Agreement. The aim of this pan-European agreement is to bring into being the Unified Patent Court (UPC), which will unify patent enforcement and litigation across much of Europe and provide an opportunity for patent applicants to obtain a unitary European patent right.
UK ratification of the Agreement is a significant step forward for the project, which is expected to simplify and reduce the cost of the enforcement of patents throughout the EU and is widely supported by industry bodies and the legal profession. However, significant questions remain over whether the Agreement will actually come into force with a challenge to the legality of the system pending in the German courts and questions remaining over the effect of Brexit on the system. We can only wait to find out whether the next World IP Day will see us celebrating the launch of this new chapter in the world of patents.
If you have any questions about the UPC please contact Caroline Warren – [email protected]
Managing Associate Andrew White was featured in today’s Evening Standard highlighting the importance of intellectual property protection and management.
Andrew, who supports and advises a number of London’s start-ups across fields such as technology, manufacturing, engineering and IT, outlines that often intellectual property is an underused, if not an entirely forgotten about, aspect of a firm’s strategy. However when properly protected and commercialised, IP can turn a new business from zero to hero – or at the very least generate revenue and serve as a vital business development tool.
Click here to download the article or click here to read online.
If you have any questions about the article please email Andrew – [email protected].
Andrew White is a European Patent Attorney and a chartered UK Patent Attorney. Andrew has an active approach to engaging with London’s burgeoning start-up community. He regularly provides free support and advice to a number of start-up accelerators and incubators in the UK, discussing all aspects of IP including strategy, registered designs, agreements and licencing, as well as patents. Andrew has been commended by clients for his proactive approach and understanding of business strategy. He likes to develop long term relationships with clients and their technical teams to really understand where a business is going and how IP can be used as a tool to complement those drivers and help the business grow.
Happy Birthday to us!
We would be delighted if you could join our team and celebrate our turning 10 years old in Manchester on Thursday 21st June!
Drinks and nibbles will be hosted at 20 Stories so join us to raise a glass and have some birthday cake in the rooftop garden.
When: Thursday 21st June 2018
Time: 18.00 – 21.00
Where: 20 Stories, No 1 Spinningfields, 1 Hardman Square, Manchester, M3 3EB
Please click here to RSVP by 18th June to confirm your attendance and let us know if you have any dietary requirements.
On 28 March 2018, almost a year to the day since the UK submitted the notification of its intention to withdraw from the European Union, the European Commission published a Notice To Stakeholders regarding the consequences of the withdrawal for the 300,000 .eu domain names currently registered in the UK.
As of the withdrawal date, currently set at 30 March 2019, the UK will become a ‘third country’ and the following rules will apply for .eu domain names:
1. Eligibility
The following will no longer be eligible to register or renew .eu domain names
(i) undertakings and organisations that are established in the United Kingdom but not in the EU; and
(ii) natural persons who reside in the United Kingdom.
2. Revocation
The Registry for .eu domain names will be entitled to revoke domain names on its own initiative if a holder of a domain name no longer fulfils the general eligibility criteria.
3. Rights
Rights recognised or established in the United Kingdom, but not in the 27 Member States of the EU or by the Union can no longer be used as a basis for seeking the revocation of a domain name confusingly similar thereto.
If the above provisions are likely to affect you or your business, and you would like to explore the strategy your business should take, please do contact your Mathys & Squire Attorney.
Join us on Thursday 26th April to celebrate World Intellectual Property Day: ‘Powering Change: Women in innovation and creativity’
In 2000, the World Intellectual Property Organisation (WIPO) designated 26 April as World Intellectual Property Day.
The aim? To increase the general understanding of intellectual property.
World Intellectual Property Day is a unique opportunity for those around the globe to consider and celebrate how intellectual property and innovation drives change and shapes our future.
We will be hosting a drinks reception in our offices in the Shard.
When: Thursday April 26th 2018
Time: 18:00 – 21:00
Where: Mathys & Squire, The Shard, 32 London Bridge Street, SE1 9SG
For canapés, cocktails, cupcakes and more, click to RSVP by Friday 20th April.
For any enquiries, please email [email protected].
On 28 March 2018, the European Commission published a document highlighting the effects of Brexit on UK copyright law.
The notice, which was addressed to the European Commission’s stakeholders, notes that preparing for the UK’s withdrawal from the EU “is not just a matter for EU and national authorities but also for private parties”, and seeks to remind persons concerned of the “legal repercussions” which need to be considered when the UK becomes a country outside of the EU.
In essence, the message of the notice is to highlight that once the UK leaves the EU, EU copyright law will cease to have effect in the UK:
“subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, the EU rules in the field of copyright will no longer apply to the United Kingdom.”
The notice also highlights that once the UK leaves the EU, all EU directives and regulations concerning copyright will cease applying to the UK, and that any relationships between the UK (as a non-EU member) and the EU will be governed by the relevant international agreements to which both are parties, including the World Intellectual Property Organization (WIPO) Copyright Treaty and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Importantly, the European Commission warns that the international agreements which will govern the relationship between the UK and the EU following Brexit “do not provide for the same type or level of protection in relation to certain rights and where applicable exceptions or limitations to those rights as that set out today in the EU copyright acquis”, and that they also lack “particular cross-border measures for the benefit of rightholders and/or the management of rights”.
The notice highlights several specific consequences that Brexit will have in the field of copyright.
1. Broadcasters
UK-based broadcasters will cease to benefit from the country of origin principle set out in Directive 93/83/EEC concerning satellite broadcasting and cable retransmission.
2. Collective Rights Management (online rights in musical works)
EU collective management organisations (CMOs) will cease to be subject to the obligation to represent CMOs based in the UK for multi-territorial licensing under Directive 2014/26/EU concerning collective rights management.
3. Orphan Works
The mechanism of mutual recognition provided for by Directive 2012/28/EU will no longer apply between the UK and the EU, with the consequence that orphan works which have been recognised in the UK by the withdrawal date will no longer be recognised in the EU and vice versa.
4. Access to published works
UK-based blind, visually impaired or otherwise print-disabled persons will no longer be able to obtain accessible format copies from authorised entities in the EU under the framework provided for by Directive 2017/1564.
5. Online Content Portability
UK residents will no longer benefit from their digital content subscriptions when travelling to the EU; and a provider of online content services established in the UK will need to comply with the rules of the relevant EU Member State or States where it wishes to offer services to its subscribers.
6. Sui generis database rights
UK nationals (unless they have their habitual residence in the EU) and companies/firms formed in accordance with UK law will no longer be entitled to maintain or obtain a sui generis database right (a right existing to recognise investments made in compiling a database) in respect of databases in the EU.
Whilst it is clear from the notice that EU law concerning copyright will no longer apply to the UK following Brexit, the European Commission itself recognises the “considerable uncertainties” surrounding Brexit, in particular concerning the content of a possible withdrawal agreement.
Whether any provision will be made for UK copyright law in any transitional agreement remains to be seen in advance of the withdrawal date of 30 March 2019.
To discuss any of the above further, or to find out more, please contact Daniel Ramos via email: [email protected].
In a ruling by the General Court of the European Union, the EU Registered Design directed to the (in)famous Crocs shoe design has been found invalid following an appeal to Gifi Diffusion’s successful invalidation action.
For an EU Registered Design to be valid, it is required that the design is new and sufficiently different to existing designs.
However, EU Registered Design law allows public self-disclosures of a design to be disregarded from prejudicing the validity of a Registered Design if it was filed within 12 months from the earliest such public self-disclosure. As pointed out by Gifi Diffusion, the Crocs’ design had in fact been disclosed (at least on Crocs’ website and at an exhibition in the US) well before this 12-month self-disclosure “grace period”.
In a further aspect of European Design law, a design can still be considered new over a prior disclosure (no matter when the disclosure took place) if the disclosure could not reasonably have become known to the circles specialised in the sector concerned operating within the EU; this provision effectively allows the most obscure disclosures to be disregarded from prejudicing validity.
Crocs had argued that their earliest self-disclosures were not relevant because of their obscurity; however, the General Court of the European Union was unconvinced by Crocs’ arguments on this point. As a result, the earliest self-disclosures of Crocs’ design were admissible and therefore rendered the EU Registered Design not new.
This decision highlights the paramount importance of seeking registered design protection before any public disclosure of a design, and at the very latest within the self-disclosure grace period that is available in some – but not all – territories. It is also confirmed in this decision that there is a high bar for a disclosure to be disregarded on the grounds of obscurity.
To discuss protecting the IP in your designs, reach out to to our Designs team.
