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European litigation | Country Update



  • UPC update: German Bar Association says constitutional complaint inadmissible

    January 17, 2018

    DAV tells the Federal Constitutional Court the constitutional complaint against German participation in the UPC is inadmissible. Other recent news includes the UK House of Lords approving an immunities and privileges order and France ratifying a similar order

  • How helpful is the EU Commission’s SEP guidance?

    January 17, 2018

    Both patent owners and implementers have welcomed the European Commission’s communication on standard essential patents. Does that mean it has successfully balanced competing interests or merely dodged the difficult questions? James Nurton investigates

  • IP cases to look out for in Europe in 2018

    January 05, 2018

    Hip hop music, the Louboutin red sole shoes and copyright protection for food are among the subjects of disputes pending before the European courts. Managing IP provides a guide to some of the more significant cases coming up this year

  • Highlights from the MIP European Patent Forum USA

    January 03, 2018

    Topics discussed at our recent European Patent Forum USA included the potential timeline for Germany ratifying the UPC, FRAND after Unwired Planet v Huawei, the patentability of computer-implemented inventions at the EPO, patent enforcement strategies in Europe and hot tubbing of experts in the UK

  • Brexit, trade marks and designs: the position papers compared

    December 18, 2017

    Associations including CITMA, ECTA, INTA and MARQUES have published position papers discussing IP rights when the UK leaves the EU in March 2019. Managing IP looks at the biggest issues, including registered EU rights, pending applications, exhaustion and representation

  • IP STARS Patent Handbook (2017) is now available

    August 01, 2017

    This year’s publication is the 21st edition of Managing Intellectual Property’s legal directory, and the biggest yet published

  • Unitary Patent and UPC: A progress report (July 2017)

    July 28, 2017

    UK consents to UPC Agreement (UPCA) Protocol and will resume legislative procedure for UPCA ratification in the autumn, UPC IT team seeks user input, and Germany’s legislative steps for ratification criticised

  • The practical significance of Eli Lilly v Actavis

    July 24, 2017

    UK patent practitioners are in agreement that the UK Supreme Court’s decision in Eli Lilly v Actavis introduced the doctrine of equivalents into UK patent law, but there seems to be some doubt as to whether it also introduced a general doctrine of prosecution history estoppel. Kingsley Egbuonu analyses the decision and its impact on law and practice in the UK

  • European Life Sciences Forum 2017 - key takeaways

    July 06, 2017

    Brexit, the UPC, second medical use patents, biologics and digital health were all on the agenda at Managing IP's first European Life Sciences Forum in London

  • Unitary Patent and UPC: A progress report (June 2017)

    June 30, 2017

    Legal challenge delays Germany’s UPC Agreement ratification progress; UK government resumes ratification procedure; new start date for the UPC; IP Federation seeks clarity over the case management system; and the latest UPC-related articles on managingip.com include how indirect infringement will be interpreted

  • Contributory infringement in Europe – before and after the UPC (sponsored)

    June 23, 2017

    Karolina Wiktorson and Benjamin Hoffmann of Valea review cases relating to the question of contributory infringement, and ask whether the outcome of these may change once the UPC Agreement comes into force

  • Germany's UPC Agreement ratification progress put on hold

    June 13, 2017

    The Office of the Federal President has agreed to hold off signing the approved laws necessary for the ratification of the UPC Agreement until a court case has been decided

  • Unitary Patent and UPC: A progress report (May 2017)

    May 30, 2017

    UK government intends to honour ratification promise if re-elected in June; Business associations call on the UK and other EU member states to launch the system as soon as possible; UPC IT system improved; and latest UPC news on managingip.com include procedural issues and choice of representative

  • Questions remain over UPC case management system

    May 18, 2017

    Patent practitioners will soon be using the UPC case management system. Despite two years of investment in building it, there are lots of questions about how it will work

  • Global trends in life science patent litigation

    May 05, 2017

    How do the outcomes of patents cases vary in different jurisdictions? Eric Sergheraert analyses the trends revealed in a study of decisions over 10 years

  • Unitary Patent and UPC: A progress report (April 2017)

    April 28, 2017

    Purdah delays UK ratification plans; Germany makes progress with ratification; Belgium consents to UPCA Protocol; and draft UPC Rules of Procedure published

  • Unitary Patent and UPC: A progress report (March 2017)

    March 31, 2017

    UK on course to ratify the UPC Agreement despite triggering Article 50, Germany’s ratification process progressing smoothly, UPC Preparatory Committee concludes work, UK Parliament starts discussions on the Great Repeal Bill, European Parliament and Council propose guidelines to Brexit negotiations which would have an impact on IP

  • How the CJEU has interpreted “protected” in the SPC Regulation

    March 31, 2017

    What does “protected” by a patent mean? Brian Cordery and Steven Willis look at how the CJEU has approached Article 3(a) of the SPC Regulation

  • UK on course to ratify UPC Agreement

    March 30, 2017

    A UK IPO statement has confirmed that preparations "remain fully on track" and given more detail on when the last few legislative steps should be expected. This comes a day after Prime Minister Theresa May triggered Article 50 to commence Brexit

  • Managing IP Global Awards Winners 2017

    March 10, 2017

    The Global Awards Dinner was held at The Savoy in London on March 9, with 300 guests from 89 firms and 44 countries

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