We reported back in September that the UK Intellectual Property Office (UKIPO) set out a call for views on Artificial Intelligence (AI) to understand the implications AI might have for Intellectual Property (IP) policy. The UKIPO set out questions relating to each of: patents, copyright, designs, trade marks, and trade secrets. In the government’s words, the aim of the call for views was to understand the relationship between AI and IP. It did not seek to consider the impact of concepts such as AI superintelligence, or an AI as a legal entity. The call for views indicated a willingness to listen, and it was hoped that this would be beneficial for patentees, as well as the AI industry as a whole.
Insights: UK Intellectual Property Office
There has been a lot of discussion in recent years around how the patent system can be applied to, and indeed may need to be adapted in light of, artificial intelligence and related technologies. Indeed, our previous blogs have covered everything from the basics of AI patentability to whether AI can be designated as an inventor. There are also a number of reports and ongoing reviews into the subject, with most of the attention focused on how the patent system can help AI. However, a report from the UK Intellectual Property Office (UKIPO) has turned that question around, and asked how AI can help the patent system.
Amazon’s intellectual property (IP) policy is designed to protect sellers by preventing the sale of counterfeit or knockoff goods on Amazon’s various websites. But, what can you do, as a seller, if you think one or more of your product listings has been unfairly removed because of an existing registered design (or design right)?
The UK Intellectual Property Office published, on 7 September 2020, a call for views on the future of Artificial Intelligence and the UK IP framework.
The UK Intellectual Property Office (UK IPO) has announced several temporary fee changes in relation to patents, supplementary protection certificates (SPCs), trade marks and registered designs. In an effort to support applicants and proprietors facing disruption due to COVID-19, the temporary fee changes waive or significantly reduce certain late payment fees, fees for obtaining extensions, and fees for reinstating or restoring lost rights. The following temporary fee changes will apply between 30 July 2020 and 31 March 2021:
In November 2019, Reddie & Grose reported on a decision of the UK IPO in relation to a partially-successful opposition by Unilever PLC to UK Application No 3298871. The applicant’s appeal against this decision has now been dismissed, despite an acknowledgement from the Appointed Person that “valid criticisms” had been made about Unilever’s evidence of use as part of their opposition. This case confirms the well-established principle that it is not essential to file specific types of evidence in order to prove use of a mark, but that the evidence as a whole must demonstrate genuine use. It also suggests that genuine use of a mark may be found even if the evidence filed relates to a precursor of the protected goods, rather than the protected goods themselves: in this case, the relevant protected goods were “ice cream”, while the evidence primarily related to sales of ice cream mix.
Reddie & Grose’s Brighton-based trade mark attorneys report on the most recent football team trade mark application to catch the headlines. Brighton and Hove Albion FC (‘BHAFC’) have caused a bit of a stir in the press and among some of their fans by applying to register ALBION and THE ALBION as UK trade marks. The concern is that BHAFC have unjustly laid claim to an ancient name for the British Isles and that this move will cause problems for the many local businesses that also use the word ALBION. We love seeing the mainstream press pay attention to trade mark applications, but in this case fans need not worry about BHAFC overstepping the mark with their trade mark protection.
Because of the disruption caused by the Covid 19 pandemic, since 24 March 2020 the UK IPO has treated every day as an “interrupted day” as far as deadlines are concerned. This applies to UK applications and registrations for: patents, supplementary protection certificates, trade marks, designs. It also applies to deadlines in proceedings relating to these rights, such as oppositions and invalidity actions.