15 August 2018
J A Kemp has been ranked as a top tier firm in the 2018 edition of the IP Stars Handbook, published by Managing Intellectual Property. The firm is praised for all areas of IP work, with a patent client quoted as saying “J A Kemp is second to none in my experience” and a trade mark client commenting “J A Kemp has helped us every step of the way”. Eight of the firm’s partners - Tom Albertini, Tom Carver, James Fish, Mike Nicholls, Mark Roberts, Sarah Roques, Amanda Simons and Ravi Srinivasan - are identified as “IP Stars”. Tom Albertini and James...
7 August 2018
Shortly before the end of his term as President of the EPO, Benoît Battistelli referred (see here) the following question to the Enlarged Board of Appeal: If notice of appeal is filed and/or the appeal fee is paid after expiry of the two month time limit under Article 108 EPC, is the appeal inadmissible or is it deemed not to have been filed, and must the appeal fee be reimbursed? The referral is now pending under the reference G1/18. The main significance of this question from a practical perspective is that the appeal fee is not be reimbursed if the appeal is...
25 July 2018
The European Court of Justice today dismissed the appeal by Nestlé in its long-running battle with Cadbury over the shape of its KitKat chocolate bar. The Court upheld the General Court’s judgment that the acquisition of distinctive character by a mark that was initially devoid of inherent distinctive character must be shown throughout the EU, and not only in a substantial part of the territory of the EU. The EUIPO must now reconsider whether the three-dimensional shape of a ‘4 Finger KitKat’ can be retained as an EU trade mark. A more detailed briefing on this decision and its implications for trade marks...
23 July 2018
The UK Government has given assurances to holders of EU intellectual property rights that after Brexit those rights will remain protected in the UK. Speaking during a debate in the House of Commons last week, Robin Walker MP, Undersecretary of State for the Department for Exiting the EU, announced that existing EU trade marks and registered community designs will be cloned onto the UK register “automatically and for free”. This will create over 1.7 million comparable UK rights. Existing unregistered community designs will also continue to enjoy protection in the UK after Brexit. Mr Walker said that holders of EU rights could...
13 July 2018
The UK Government has published a White Paper setting out its proposals for the future relationship between the UK and the European Union (EU). These proposals outline a vision for achieving an orderly exit from the EU and maintaining close social and economic ties in the future. The proposals are subject to negotiation and agreement with the EU. IP matters are barely mentioned in the White Paper except for a restatement of the UK’s intention to participate in the Unified Patent Court and the Unitary Patent. The European Patent Convention is not EU law and so Brexit will have no effect on applying...
29 June 2018
J A Kemp has won the "Best UK IP Firm" award for the second year in a row at this year’s International Legal Alliance Summit & Awards. The awards, held in New York, attracted over 500 delegates from all over the world. Simon Wright, a partner in J A Kemp’s Biotechnology and Life Sciences Group, collected the “Best UK IP Firm” award on behalf of J A Kemp. The award recognises the firm for excellent performance and leadership in the UK market. Find out more about the awards here .
15 June 2018
Trade secrets, and the law relating to them, can seem a bit of a ‘black box’, but the basics are very simple. In summary, companies should 1) know what their trade secrets are and 2) take steps to keep them secret. In England and Wales the protection of trade secrets has in the past been based on the common law principles of confidentiality, but that is soon to change. EU Directive 2016/943 “on the protection of undisclosed know how and business information (trade secrets) against their unlawful acquisition, use and disclosure” has prompted the government to draft new Regulations to ensure...
15 June 2018
James Fish , Head of Trade Marks at J A Kemp, has authored the Chambers and Partners Practice Guide to UK Trade Marks. The Practice Guides provide in-house counsel with expert legal commentary on the main areas of practice in key jurisdictions around the world. They focus on practical legal issues and enable the reader to compare legislation and procedure across a range of key jurisdictions. Chapters in the Trade Marks guide include: Types of Trade Marks and Registration, Assignment and Licensing, Opposition Procedure, Initiating a Lawsuit, Infringement, Revocation/Cancellation, Remedies, Appeal and Alternative Dispute Resolution. You can access the complete guide here .
11 June 2018
J A Kemp has been ranked as a leading UK patent prosecution firm in “IAM Patent 1000 - The World’s Leading Professionals 2018”. The directory comments: “Because J A Kemp has over 70 patent specialists – including 30 PhDs – a safe pair of hands can be found for every technical issue under the sun. The European Patent Office is a home away from home for many of these practitioners; together, the firm’s patent attorneys file around 1,400 European patent applications annually and have acted in around 300 opposition and appeal proceedings in the last three years.” The directory recommends several individual J...
30 May 2018
On 28 May 2018 the European Commission published a proposal for a change in the law which would permit third parties to manufacture a medicinal product protected by a Supplementary Protection Certificate. The Commission aims to have the Regulation in place by 2019. Manufacturing Permitted by the Proposed Amendment Legislation The proposed amendment to the SPC Regulation would permit third parties to manufacture a medicinal product protected by an SPC for the exclusive purpose of export to countries outside the EU. The rights of manufacture include authorisation for ancillary activities which are “strictly necessary” to enable the manufacture and export of the product. These...
14 May 2018
J A Kemp has relocated its Cambridge office today, 14 May, to larger, more modern premises on Capital Park. The firm is more than doubling its office space in Cambridge. J A Kemp established a permanently staffed Cambridge office at 30 Station Road in February 2016. Over the past two years the office has grown with the recruitment of three attorneys from other firms. Four more attorneys will be joining the Cambridge-based team in the next few months. J A Kemp’s Cambridge team provides patent services across all technologies and a full range of trade mark services to clients located in a...
26 April 2018
Sam Gyimah, the UK Minister for Intellectual Property, has announced that the UK has today ratified the UPCA. The UK becomes the sixteenth state to ratify the UPCA. The other countries are: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal and Sweden. The UK ratification leaves Germany as the only remaining country which needs to ratify the UPCA for it to come into force (on the first day of the fourth month after Germany deposits its instrument of ratification). The German ratification has been held up by a constitutional challenge reported here .
30 August 2018
This year's CPAC will bring together thought leaders around the world with a focus on the latest trends and hottest topics in the IP industry and unparalleled networking opportunities. Launched in 2010, CPAC is committed to building up a platform of international cooperation and communication for patent professionals. The conference is committed to "Bring Together for Better", gathering delegates from IP offices, in-house counsels, IP attorneys, patent experts, as well as patent information service providers. In 2016, CPAC had more than 4,000 participants, 76 exhibitors and 78 speakers. This year J A Kemp partner, Tom Carver will give a presentation on alternative litigation finance.
5 September 2018
Join J A Kemp partner, Chris Milton, at the 11th annual BioPharm America conference. The event attracts a wide range of business leaders, including senior executives of leading biotech companies, business development teams from large and midsize pharmaceutical companies, investors and other industry experts
10 September 2018
J A Kemp Partners James Fish, Amanda Simons and Lucy Barnes will be speaking at the European Pharma Law Academy in Cambridge this September. A unique and comprehensive residential pharmaceutical law course designed to equip you with the knowledge to tackle the sector’s latest legal issues and developments. New regulations, fast-changing case law, constant consultations and reviews - it's no wonder the pharmaceutical industry is seen as one of the toughest places to practice law. The Pharma Law Academy has been designed to cut through the complexity, delivering you all the information and skills needed to ensure your success, whether you are an in-house...
10 September 2018
Join J A Kemp at the largest Nordic partnering conference dedicated to the life science industry. Since its inception in 2013, the event has nurtured a community of people from the world of life science and created a unique place to do business. NLSDays attracts leading decision makers from biotech, pharma and medtech as well as finance, research, policy and regulatory authorities. J A Kemp partners, Graham Lewis and Chris Milton are regular attendees. Drop them a line to arrange a meeting or connect through the event's partnering software partneringONE®.
18 September 2018
Everyone involved with IP knows by heart the patent timeline: first-filing before any disclosure, PCT and/or other filings at 12 months, national phase entry at 30, meet Patent Office deadlines and pay renewal fees thereafter. But sometimes it does not work out that way. Mistakes happen, fortunately not often but somehow always seemingly on a key case! This practical session will look at grace periods worldwide in relation to inventor disclosures, restoration of priority, late national phase entry and other “restoration” situations relating to missed renewal fee payments and other deadlines.
25 September 2018
Coffee Shop Innovation is Europe’s leading event for professionals working across the café, coffee shop, and catering industries. In this fast-paced and ever-evolving industry, keeping on top of new trends and technology is key. At Coffee Shop Innovation, you will find everything you need to put your business on the map. From inspiration, to the tools and resources you need to turn your ambitions into a profitable reality, from tech, to design, to how to properly market your business so you are reaching your target audience, you will find it all under one roof with Coffee Shop Innovation. J A Kemp will...
26 September 2018
BIOSPAIN is the largest biotech event organized by a national bioindustry association in Europe and one of the largest in the world by the number of one-to-one meetings (+3.000) and companies participating (+800). 34% of delegates came from outside of Spain. BIOSPAIN is organized by ASEBIO, the Spanish Bioindustry Association and each edition is co-organiSed by a local institution from the host city/region. On the 2018 edition, Biospain is co-organized by the Government of Andalucia. Join J A Kemp partner, Graham Lewis, at the event or contact him in advance to arrange a meeting.
16 October 2018
Join us for a late-afternoon session where we address a range of issues encountered in technology transfer and provide our advice on how to make the patent system work best for you and your institution. The seminar, which will take place from 4.00 – 7.00pm on Tuesday 16 October, is specifically targeted at those working in the technology transfer field. Attendees will have the opportunity to ask specific questions about their own situation and there will be plenty of time for networking over drinks and canapés. Topics covered will include: Judging when and what to file – weighing up the balance of support and...