The EPO, national courts, and the real question

Thanks to the IPkat for details of the decision of the Court of Appeal in Unilin Beheer v Berry.

Essentially this case involves the impact of a subsequent order for revocation of a patent by the EPO upon existing rulings and remedies in national infringement actions. Within the patent framework, the judgment of Jacob LJ is clear and sensible: the focus should not be on which court is "top", which seems to have comprised much of the argument, but rather on the questions before the decision maker (validity, infringement, post grant opposition, revocation), with each decision maker operating in context.

From a wider perspective, competition and human rights questions can impact upon this analysis, and I can do no better than refer you to the IPkat on this: http://ipkitten.blogspot.com/2007/04/patents-damages-revocation-and-estoppel.html
It is also noteworthy in this context that although the Court of Appeal does refer to a similar decision in Scotland, Coflexip v Stena Offshore, it does not note that that case also considered (and rejected) human rights questions.

US Agencies report - IP and Antitrust

Building on my post on this, I can now proudly confirm that I have read the report. Very interesting, and draws heavily on the hearings evidence (which I have ALSO read. Even longer). I note the strong recommendation, although it is not, particularly in the body of the text, entirely unqualified, that antitrust should not concern itself with unconditional refusals to licence patents. So far as it goes, this is fairly uncontroversial. Yet why the focus on patents? What about antitrust defences to patent actions if a party just goes ahead and uses the technology (Noerr Pennington cf Intel v Via)? And, of course, what about human rights implications.....

Happy World IP Day

See the link for WIPO views. As a strong, although not uncritical, supporter of IP rights, I think this is a great excuse for a party. So I very much look forward to the Maclay Murray & Spens event tonight at the National Galleries of Scotland, with speakers including designer Katherine Hamnett and the Head of Legal from Manchester United. http://www.mms.co.uk/html/article.asp?articleID=621

Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition

Now available is the long awaited (at least by me) report of the US D0J and FTC. It builds on substantial hearings held in 2002. I will refrain from further comment until I have read it - from its size it might be a while.....

GIKII TWO 2007

I cannot possibly improve upon the linked advert.....See you in London, in September.

BILETA 2007

A most excellent event...giving rise to many tales to tell which will (probably) remain secret. From the project perspective (clearly the most important), there was a most interesting paper by Jonathan Fitchen from the University of Wales, Aberystwyth about competition, Microsoft, and concepts of market, dominance and abuse; lots of interesting discussion about soft law; and differing perspectives on ICT and development, particularly the appropriate place of mobile phones in bridging the digital divide. Food for thought.