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The UPC website has announced today that the start date for the sunrise period will be delayed until 1 March 2023 to allow users to prepare themselves for the strong authentication required to access the UPC's case management system (CMS) and to sign documents. Previously the sunrise period was due to start on 1 January 2023. This delay means that that start date for the UPC will also be pushed back by two months, to 1 June 2023 (rather than 1 April). The UPC site says that no further delay is anticipated. This June start date would require Germany to deposit its instrument of ratification of the UPC Agreement in February. Read more
Concerned about the new patent system planned for European patents starting in 2023? Watch Andrew Wells and Rachel Montagnon discuss how businesses can prepare for the UPC in this Practical Law video podcast (published 28 November 2022). Read more
In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law. In episode 17, Emma and Rebekah are joined by Julie Chiu, a Senior Associate in Herbert Smith Freehills’ London office, to discuss a number of lawsuits playing out in the United States … Read more
In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law. In episode 16, Emma and Rebekah are joined by Andrew Wells from Herbert Smith Freehills’ London office to talk about the role of intellectual property rights in a rapid and fair renewable … Read more
Laura Orlando and Rachel Montagnon were in conversation with Adam Houldsworth of IAM recently, leading to their comments being published in the IAM article "Your guide to the UPC on day one". Access the article and their quotes here. Read more
Following the Rules of Procedure of the new court coming into force in September, the UPC's Administrative Committee confirms timetable leading up to the start of the new court and availability of unitary patents and the opt-out sunrise period. Read more
The UPC Committee has issued a consolidated version of the UPC Rules of Procedure following the approval of final changes to the 18th draft in July. These Rules are now in force as of 1 September 2022. Consolidated versions of the Rules are also available in French and German. Read more
The creation ("minting") and sale and use of NFTsraises many IP issues which we have discussed in our previous posts in our IP in NFTs series. However, brand owners and product manufacturers must also be vigilant in monitoring the virtual marketplaces to ensure that third parties are not creating NFTs that infringe their own IP rights. This is especially true where the company is considering releasing or has released NFTs, because the public will begin to associate the brand with NFTs (which could include infringing NFTs). There are several strategies that companies could adopt to minimise this risk. Read more
