15 October 2018
On 12 October 2018 the UK Government published a Technical Notice containing guidance on the effects of a "no deal" Brexit on plant variety rights and marketing of seed and propagating material. We have provided brief comments here .
25 September 2018
The UK Government has issued guidance on the effects of a “no deal” Brexit on various types of intellectual property. The Government emphasises that a “no deal” Brexit is “unlikely”. The guidance helps businesses and individuals to understand what they would need to do in a “no deal” scenario, so that they can make informed plans and preparations. We have provided brief comments on each area, with links to the Government’s guidance: Trade marks and designs Patents and SPCs Exhaustion of rights Copyright Geographical indications
24 August 2018
On 13 September 2018, Stephen Hodsdon will join J A Kemp’s Cambridge office as a partner of the firm. The firm’s Cambridge office was established in February 2016 and has been growing ever since. In May the firm relocated its Cambridge operation to modern premises on Capital Park, more than doubling its office space. Since then, three attorneys have relocated to Cambridge from the firm’s London office. Stephen’s arrival will bring the total headcount of Cambridge-based personnel to 13. Stephen has a background in physics, with particular expertise in telecommunications and software-related patents. He will head up the local team advising clients...
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 October 2018
IS YOUR LIFE AT RISK? The Current Situation of Life Sciences Patent Eligibility in Canada, US and Europe. J A Kemp partner, Andy Bentham will be taking part in this webinar organised by the Intellectual Property Institute of Canada. A panel of experts from Canada, the United States and Europe will discuss subject matter patentability in the areas of genes/natural products, higher life forms, method of medical treatment, dosage regimens, pharmaceutical formulations and diagnostic methods, in their respective jurisdictions.
31 October 2018
J A Kemp is delighted to be sponsoring this year's Cleantech Venture Day organised by Cambridge Cleantech. Cleantech Venture Day has been a trailblazing event for the cleantech community since its inception in 2006. Over the last decade, more than 220 companies have pitched their ideas at Cleantech Venture Days and as much as 600 million euros have been invested as a result of the events. Cambridge Cleantech is organising Cleantech Venture Day in London for the second year running. Like last year, 20 of the finest cleantech innovators will get an opportunity to present their pitches to an audience of investors from across...
1 November 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. It will also consider how to adapt your filing...
5 November 2018
The 24th annual BIO-Europe is Europe's largest partnering conference serving the global biotechnology industry. Delegates from all parts of the biotechnology value chain come to BIO-Europe to quickly identify, engage and enter into strategic relationships that drive their businesses successfully forward. Investment and collaboration opportunities developed in prior BIO-Europe conferences have produced many highly successful business partnerships. This year´s BIO-Europe partnering event will again draw over 4,000 industry attendees from over 60 countries, representing more than 2,100 companies for three days of high-level networking. J A Kemp Paris partner, Graham Lewis will be at this year's event. Contact him in advance or...
6 November 2018
On 6 November 2018 J A Kemp and White & Black Legal are hosting a joint breakfast seminar on Building an IP Portfolio to Attract Investors. Investors look at IP from their particular perspective and attach great importance to IP protection to reduce the risks associated with the investment. Topics covered will include: What investors look for when they assess your IP strategy How to build a robust IP portfolio to optimise your chances of securing investment The legal process – the investment agreement and legal due diligence, and how to make that process run smoothly Lessons learned the hard way – some practical examples of...
8 November 2018
Relative Disharmony - Earlier Rights and Resolving Conflicts This year’s CITMA Autumn conference will look at EU oppositions from all angles - whether they are based on registered or unregistered rights or geographical indications. Speakers will also look at ways to resolve matters amicably through mediation and delegates will hear an expert roundup of recent decisions over the last year. Join J A Kemp partner, Ben Mooneapillay on the day or contact him in advance to arrange a meeting.
17 November 2018
The Asian Patent Attorneys Association (APAA) is a non-governmental organisation dedicated to promoting and enhancing intellectual property protection in the Asian region (including Australia and New Zealand). The 18th General Assembly and 68th and 69th Council Meetings of the APAA take place in New Delhi in November 2018. Registration is available for members of APAA and Observers with relevant professional IP qualifications. This year J A Kemp is represented by partner, Ravi Srinivasan.
4 December 2018
BioFIT is the leading partnering event in Europe for technology transfer, academia-industry collaborations and early-stage innovations in the field of Life Sciences. BioFIT is also the marketplace for pre-seed, seed and Series A investment in Life Sciences. Partner, Jimmy Nicholls from J A Kemp's Paris office will be attending this year's event. Contact him in advance to arrange a meeting.