This week on MIP: Two firms dominate UPC | EUTM filing spike

July 12, 2024

We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP

Two firms account for quarter of UPC infringement cases

German firms Bardehle Pagenberg and Kather Augenstein have filed more than a quarter (26%) of all Unified Patent Court infringement cases during its first year of operation, a report published this week revealed.

According to the One year later in the UPC report, published by Clarivate on Wednesday, July 10, Bardehle has filed 13.3% (19) of the 143 infringement cases, while Kather Augenstein accounted for 12.6% (18).

According to the report, the top 10 most active representative firms dealt with more than two-thirds (71.3%) of all infringement cases filed before the UPC.

To read the full article, click here.

The IP Lounge: WIPO’s Daren Tang on breaking IP stereotypes

In this episode, Managing IP was joined by Daren Tang, director general of WIPO.

Tang, who took over the reins in 2020, spoke to Managing IP’s editor Max Walters about the importance of WIPO’s historic treaty on traditional knowledge and genetic resources, which was agreed in May.

We also looked at what an IP office’s role should be and WIPO’s efforts to bring IP to the “man on the street” by breaking down unhelpful stereotypes.

To listen to the podcast, click here.

Elsewhere in IP

Science supremo

UK Prime Minister Keir Starmer, who was elected last week, has appointed Patrick Vallance as a minister of state for science in the department for science, innovation and technology. Vallance, a familiar name to many in the UK, was chief scientific adviser to the UK government during the Covid-19 pandemic. It is not yet been announced whether the new Labour government will appoint a specific IP minister, a position which has changed 14 times in 14 years.

Football fakes

Counterfeit football shirts and kits worth an estimated loss to official manufacturers of £98,300 ($127,000) have been seized across the country by the UK-based Police IP Crime Unit in the run-up to Euro 2024 and throughout the tournament, the police force announced on Tuesday, July 9. Eight people have been arrested for offences relating to the sale and distribution of counterfeit goods.

FRAND finding

The England and Wales High Court has refused an interim licence request filed by Xiaomi in its fair, reasonable and non-discriminatory (FRAND) patent dispute against Panasonic.

In a judgment handed down on Friday, July 5, the court said Panasonic was not acting in bad faith and that Xiaomi had not convinced the court that Panasonic was holding out.

A spokesperson for Xiaomi said it reiterates its willingness to enter into a short-term FRAND licence until the court’s determination. “Xiaomi disagrees with today’s decision and will seek to appeal the decision to achieve a fair and reasonable interim regime to protect the integrity of the UK FRAND determination”.

Tax incentive

Hong Kong has introduced a patent box tax incentive, it was reported on Monday, July 8. The incentive offers a 5% concessionary tax rate for taxable profits derived from using or selling eligible IP rights. The standard profits tax rate in Hong Kong is 16.5%.

EUIPO spike

EU trademark (EUTM) applications are slightly up on the same period last year, according to EUIPO figures shared this week. As of the end of June 2024, 74,713 applications had been filed compared to 71,630 at the same point in 2023. In 2022, EUTM filing figures dropped by their largest-ever margin before rising again in 2023.

Russia sanctions

The EPO said on Wednesday, July 10, that requests for patents with unitary effect filed by Russian patent owners will be stayed. The EPO said that the measures, which will be in place until further notice, followed the latest EU sanctions against Russia introduced last month.

That's it for today, see you again next week.