In line with Theresa May’s announcement in October 2016 that the UK would continue to play a “full and active role in the EU” until Brexit actually occurs, it was confirmed in the House of Commons Science and Technology Select Committee last week that the UK intends to progress towards ratification of the Unified Patent Court Agreement, which would enable the Unified Patent System to come into effect by the end of 2017.

However, the process of preparing and actual ratification are two different processes, both legally and politically.  Theresa May made clear in her speech earlier this week that “The United Kingdom is leaving the European Union” and that “Leaving the European Union will mean that our laws will be made in Westminster, Edinburgh, Cardiff and Belfast. And those laws will be interpreted by judges not in Luxembourg but in courts across this country.”  Accordingly, it remains to be seen how these two positions can be reconciled.

The Brexit process is ‘a work in progress’ and we will keep you updated on any significant future changes relating to IP matters as these issues unfold.

This week the European Food Safety Authority reported that palm oil contains high levels of contaminants at very high temperatures. Palm oil is found in numerous food and drink products, including chocolate, ice cream, baby formula and, as highlighted this week, Nutella. 

We work with clients who have created innovative award winning technologies related to the process of purifying vegetable oils. We have worked with them to develop, patent and commercialise their pioneering method of removing free fatty acids from vegetable oils, and preventing the formation of harmful carcinogens formed during the refinement process. 

To read more about the report please click the link below. 

http://www.independent.co.uk/news/business/news/nutella-does-it-cause-cancer-spread-chocolate-nut-italy-supermarkets-palm-oil-carcinogenic-risk-a7523851.html

 

Last week we hosted a Genesis fringe event to discuss the highly topical issue of anti-microbial resistance. 

The meeting was held as part of a series of satellite seminars hosted in London on the day prior to the Genesis conference. The debate considered radically changing the treatment of anti-microbial resistant infections, and whether there is a business case, and was led by Martin MacLean alongside speakers from Public Health England, AMR Centre, Instinctif Partners, New Wave Ventures and Cantor Fitzgerald.  

It has been announced that the Agreement on the Unified Patent Court (UPC) will be ratified by the United Kingdom.

Baroness Neville-Rolfe, the UK Minister for IP, confirmed the decision this week.  There has been much debate since Brexit about whether the UK would still ratify the UPC, and this announcement is a significant step forwards. The decision has now been welcomed by the European Commission, the EU members states and the EPO.

The Unitary Patent Court has been designed to allow pan-European patent revocation and infringement actions. Once in place it will be possible to file a ‘Unitary Patent’, a single patent that will provide protection across all participating European Union member states. This will result in significant savings to patentees that usually register their patents in multiple European countries and make it easier for business to protect their ideas and inventions.

The Unitary Patent regime can only come into effect when at least 13 member states have ratified the Agreement on the UPC, including France, Germany and the UK. As it stands, 11 have done so. 

Today we celebrate the launch of CITMA, the Chartered Institute of Trade Mark Attorneys. 

Originally founded in the 1930’s as ITMA, CITMA represents professionals who specialise in trade mark and design law and practice in the UK. With over 1500 members CITMA provides education, support and promotion to those in the profession. 

Today the organisation has officially become CITMA following the unveiling of its Royal Charter. ITMA was awarded the honour by The Queen for its important role in representing trade mark attorneys in the UK.  This is a fantastic achievement and the Royal Charter recognises the significant work undertaken by both CITMA and its members.

As members of CITMA, our trade mark attorney’s continue to value the support that CITMA provides. 

CITMA LogotypeDescriptor

Laura West and Rob Hawley attended the Sports Merchandise and Licensing Show 2016 in Chelsea this November.

In a sector worth billions, Mathys & Squire understand the value of brand in the sporting industry. We work closely with our clients to protect their IP and maximise value from their investment. The trade mark team work closely with Chelsea Football Club to develop and protect its extensive portfolio. Obtaining protection is often just the first step in a long process of consistent monitoring and action, particularly for brands such as CHELSEA FC that attract a following, making them vulnerable to counterfeiting. We are required to react quickly to reported infringement of the Club’s trade marks to ensure that the company’s brand and reputation are protected. The rise of technology allows forgeries and counterfeit goods to look increasingly like the real thing. We can assist you in setting up strategic solutions for tackling these issues. Having trade marks registered and recorded is vital in this respect.

If you are interested in finding out more about the importance of IP to your business, and how you can maximise the value of your IP assets, please contact our trade mark team. For more information please click here, or take a look at our Counterfeiting and Licencing documents.

Food Matters Live is the only UK cross sector event that brings together retailers, providers, government and those working in nutrition. The Food & Beverage team at Mathys & Squire will be attending Food Matters Live, which takes place at ExCeL, London from  22 – 24 November.

We have particular expertise in Food Technology, and our dedicated Food & Beverage team has filed and prosecuted hundreds of patent applications in this highly innovative field. Our Attorneys are therefore well-placed to answer any food-related IP enquiries you may have, and will be exhibiting with our collaborators the Danish-UK Chamber of Commerce (DUCC). Make sure to visit us at Stand No. 225!

We are delighted to announce the promotion to the Partnership of James Pitchford, James Wilding, Monika Rai and Stephen Garner.

James PitchfordDr James Pitchford specialises in patent work in the physics, electronics, engineering and materials science sectors. James is experienced in opposition and appeal proceedings before the European Patent Office. James obtained an MA honours degree in natural sciences (physics and materials science) and a PhD in materials science, both from the University of Cambridge.
James Wilding

Dr James Wilding practices in the areas of biochemistry, biotechnology and immunology, with a particular focus on therapeutic antibodies, cell-based therapies, vaccines and gene editing. He has extensive experience in handling oppositions and appeals at the European Patent Office and is considered to be an expert within the field of SPCs.

monika raj 2016Monika Rai has particular expertise in the areas of proteins and peptides, nucleic acid therapies, probiotics and diagnostics. She represents clients in both prosecution and opposition proceedings at the European Patent Office, and is also heavily involved in conducting and coordinating major IP due diligence projects, including those involving freedom to operate reviews and licensing agreements. She is qualified as a Solicitor (England & Wales) and holds a Higher Courts Litigation Certificate providing enhanced rights to conduct IP litigation in the UK courts.
Stephen GarnerDr Stephen Garner has a practice that extends from chemistry, pharmaceuticals and nutritionals, through to protein and antibody therapies. He works with a diverse range of clients, from universities and SMEs to multinational corporations, and is highly regarded for his expertise in tailoring to their business needs all areas of patenting from drafting and prosecution, to oppositions, SPCs and life cycle management. He manages large patent portfolios for international pharmaceutical companies and has significant experience in obtaining and defending European patents for blockbuster drugs.

On 15th September we hosted an interesting and informative meeting in collaboration with Collider Startups.

To read more about the points and tips discussed in the meeting please click on the link below.

http://collider.io/startup-intellectual-property-tips/

We are delighted to have joined BioNow, an organisation support innovation and growth within the life sciences sector across the North East.