17 January 2019
The UK Intellectual Property Office (UKIPO) has issued further guidance on the effect of Brexit on IP. This follows the vote of the UK Parliament against accepting the Draft Agreement on the Withdrawal of the United Kingdom (UK) from the European Union (EU) and the Draft Political Declaration setting out the framework for a future relationship. Both documents had previously been agreed by the UK Government and the EU as we reported here. It is unclear at this stage what steps the UK will take in relation to Brexit. A wide range of options is under consideration. What is clear is that clients’...
14 January 2019
Following the changes that took place within the EU trade mark system as of March 2016 and October 2017, the UK government has today implemented the EU Trade Mark Directive into UK law. The implementation of the Directive brings about several important changes in UK trade mark law, including: The removal of the graphical representation requirement, making it easier for applicants to file certain non-conventional trade marks, such as sound and movement marks, as the UKIPO will now accept sound or video files. The existing shape marks objections (which exclude protection for shapes which perform a purely technical function, add substantial value to...
14 December 2018
At an oral hearing held on 5 December 2018 in relation to case T1063/18 concerning an application entitled “New pepper plants and fruits with improved nutritional value”, EPO Technical Board of Appeal 3.3.04 held that Rule 28(2) EPC introduced in July 2017 is in conflict with Article 53(b) EPC. Once confirmed, this will have important implications for EPO practice regarding inventions in the field of plant (and animal) breeding as in principle the Rule can no longer stand or be used to reject patent applications if it does not conform to the Article it is supposed to implement. Article 53(b) EPC...
13 December 2018
The Advocate General, Henrik Saugmandsgaard Øe, has today issued his Opinion in connection with the referral to the CJEU in Abraxis C-443/17. The full text of the Advocate General's Opinion is available here. The Opinion is not binding on the CJEU. It is the role of the Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible. The referral in Abraxis C-443/17 was made by Mr Justice Arnold of the UK High Court in a case concerning an application for an SPC for the oncology product ABRAXANE®. This product comprises...
15 November 2018
The UK Government Cabinet yesterday approved a draft agreement on the Withdrawal of the United Kingdom (UK) from the European Union (EU). The draft agreement sets out a proposed manner of the UK’s withdrawal from the EU. The draft agreement includes provisions relating to a 21 month transitional period following the UK leaving the EU on 29 March 2019. A political declaration on the future relationship between the UK and EU has also been published, but is not in its final version. The declaration sets out an overall understanding on the framework for the future close relationship between the UK...
9 November 2018
On 25 October 2018 the Court of Justice of the EU (CJEU) issued its decision in C-527/17 Boston Scientific. The Court held that award of a CE-mark for a medical device comprising an active ingredient as an integral part (a medical device/drug combination) is not considered to be a marketing authorisation which can support an application for an SPC (Supplementary Protection Certificate). This applies irrespective of whether or not the active ingredient was assessed by a national medicines authority or the EMA during the consultation process for award of the CE-mark. Article 2 of the SPC Regulation states that a product is...
5 November 2018
J A Kemp was once again listed in a much reduced top tier of Patent and Trade Mark Firms in the 2019 edition of Chambers & Partners. J A Kemp was commended for “excellent technical prowess matched by legal sophistication.” A client interviewed as part of the research process commented: “Unlike many other European patent attorneys, I view the partners there as collaborators rather than as service providers." James Fish, head of the firm’s Trade Marks and Designs Group, was recommended for all stages of prosecution and contentious registry proceedings, with a client commenting: "James is a real star: very responsive and...
31 October 2018
The EPO has decided to participate in WIPO’s Digital Access Service (DAS) for the exchange of certified copies of priority documents from 1 November 2018 (for further details please see the EPO announcements here and here). DAS allows for priority documents to be exchanged electronically between the various participating patent offices, a complete list of which can be found here. The EPO’s participation in DAS will provide the following benefits for users of the patent system. First, when a new European patent application is filed via online filing, the EPO (as “office of first filing”) will automatically generate a DAS access code...
30 October 2018
Leading UK and European patent and trade mark attorney firm J A Kemp has retained its top tier ranking in The Legal 500. Over the last three years the directory has more than doubled the number of recommendations for J A Kemp attorneys. The directory noted that J A Kemp is 'extremely meticulous in fully understanding the business context, strategies and needs' of its clients and that the firm is 'very responsive' with 'quick turnaround times' and 'significant bench strength'. The following patent attorney partners were recommended: Andrew Bentham, Patrick Campbell, Kieron Grehan, Celia Keen, John Leeming, Graham Lewis, Chris Milton, Mark...
19 October 2018
The EPO has published its yearly update to the Guidelines for Examination, which will come into force on 1 November 2018. The updated Guidelines for Examination can be found here, with a list of the amendments made compared to the current version available here. This is the fourth year in a row that significant changes have been made to the sections of the Guidelines for Examination discussing computers and software. Our briefing discussing these changes can be found here. The EPO now also provides an “Index for Computer-Implemented Inventions” which contains links to the relevant parts of the Guidelines for Examination...
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 January 2019
The BIA Gala Dinner continues to be the premier bioscience networking event of the year. With over 700 life science professionals from over 300 biotech companies, investors, government and the media, join us to network, meet old friends and make new business contacts.
30 January 2019
J A Kemp has once again been shortlisted for The Innovation and IP Forum and Awards 2019. This one-day event gathers 500+ international key players from the world of innovation, including general counsel, IP directors, chief innovation officers, R&D directors and directors of strategy. Last year J A Kemp won the Silver Award in the ‘Best IP Advisor UK and Ireland’ category. Join partners Graham Lewis , Dominic Forsythe and Jimmy Nicholls from our Paris office at this year's cocktail reception for the best IP Advisors awards.
5 February 2019
For many jurisdictions around the world missed deadlines relating to patents and patent applications can be recovered if one can show that the deadline was missed despite due care having been taken. Applicants and their attorneys should, therefore, ensure that they take an appropriate level of care when monitoring deadlines, partly to avoid missing a deadline and partly to provide the best chance of recovery if a deadline is missed. But what is due care? This webinar is based on the significant experience of J A Kemp’s attorneys in helping clients, non-clients and even competitors to restore rights in Europe and further...
10 February 2019
AUTM’s Annual Meeting invites technology transfer professionals from around the globe to network, make deals and gain valuable insights from world-class speakers and panels. This year Dan Cooney a partner in J A Kemp's Engineering and IT Group will be attending the conference. If you would like to arrange to meet him please send an invitation through the partnering platform or contact him direct.
13 March 2019
This year's Spring Conference will tackle ‘Disruption: the world and IP’ with a diverse range of speakers from private practice in the UK and EU as well as in-house attorneys from huge names including IBM, Bayer and Superdry. An impressive line-up of speakers includes: The Rt Hon Lord Smith of Finsbury, Chris Smith, Chairman, IPReg James Sweeting, Senior IP Counsel, Superdry Sylvie Martin Acosta, Head of IP, EMEA, IBM Jade MacIntyre, Allen & Overy LLP Kelly Saliger, CMS
25 March 2019
This year's BIO-Europe Spring takes place in Vienna. BIO-Europe 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. Us the partnering system to arrange a meeting with Graham Lewis , a partner from J A Kemp's Paris office at the event.
27 March 2019
Once again over 1000 innovators will gather in Trondheim, Norway to explore the exciting world of deep technological innovations. Based on engineering or science advances, these are new technologies with immense potential to shape our future. The program will delve into how new technologies will transform the individual, our society and our planet. And it will address how we better can ensure that the amazing new research and tech that is created, actually turns into valuable real-life solutions. Join Henry Hunt-Grubbe and Chris O'Beirne from J A Kemp at the event.
4 April 2019
The international partnering-event The Future of Swedish & Danish Life Science started in 2012 and includes a combination of partnering, presentations, exhibition and informal networking. These four core elements of the day run in parallel and ensure that the event is a lively, energetic day designed to impart new knowledge and build new networks. The event attracts 400-500 leading decision makers every year from all over the world from pharma, biotech and medtech as well as research, the healtchcare sector, policy, regulatory authorities and finance. The exhibition with about 30 exhibitors provides a platform for partners and vendors to engage and discuss...
30 April 2019
Join us at BioTrinity 2019. Now in its 13th year, BioTrinity is Europe’s leading biopartnering and investment conference and generates unrivalled opportunities for life science companies, academics, investors, and major pharmaceutical players to come together to do deals and establish collaborations.