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Understanding the Proposed New European Community Patent
Most inventors new to the patent system express a desire for an international patent ' a monopoly good across the whole world from a single application. While it is unlikely that their desire will ever be satisfied, the prospect of being able to offer a patent throughout Europe in the form of a Community Patent may soon become reality. Such a Community Patent would be effective across all of the soon to be 25 member states of the European Union (EU).
On March 3, 2003, the Council of the European Union (EU Council) reached agreement on certain stumbling blocks, most notably, the structure of courts to try infringement and validity, and the languages to be used. The proposed Community Patent would be governed by a Regulation that is directly applicable in all member states. The Regulation will piggy back on the 1973 Munich Convention, which created the European Patent Organisation, for its substantive patent law. Applicants will apply through the European Patent Office (EPO) as they do today but may designate the European Union as one territory for the application. The EPO will examine the application in any of its existing three languages: English, French and German. Upon grant, the patentee will have to translate only the claims into each and every language used in the EU. Thus, although the Community Patent is purported to reduce the cost of acquiring and enforcing patents in Europe, conceivably the translation of the claims into each of the languages of the EU could become a significant expense. However, it is likely that the timeline for submitting the translations may be as long as two years after the official grant date.
Community Patent Court
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.