The Evolution of English IP Litigation within the European Union Stephen Jones Solicitor-Advocate, UK and European Patent Attorney Baker & McKenzie LLP.

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Presentation transcript:

The Evolution of English IP Litigation within the European Union Stephen Jones Solicitor-Advocate, UK and European Patent Attorney Baker & McKenzie LLP 22 April 2013

© 2013 Baker & McKenzie 2 The European Union –Established as Economic Community 1957 –Originally 6 countries –UK joined 1973 –Now 27 Countries, plus Croatia as of 1 July 2013 –24 official languages

© 2013 Baker & McKenzie 3 European Union - IP –Competition Law –Trade Marks Directive and Regulation –Designs Regulation: Community Designs –Other regulations in Copyright/Digital Media

© 2013 Baker & McKenzie 4 Europe - Patents –European Patent Convention 1978 –European Patent Office –Proposed Unitary Patent System –Unified Patents Court (to be established)

© 2013 Baker & McKenzie 5 The United Kingdom –England and Wales, Scotland and Northern Ireland. –England and Wales share a common legal system and courts. –Different legal systems and courts exist in Scotland and Northern Ireland.

© 2013 Baker & McKenzie 6 The UK Supreme Court –The highest court in the United Kingdom. –Separate from both Government and Parliament. –The Court hears appeals on points of law of the greatest public importance, for the whole of the United Kingdom in civil cases, and for England, Wales and Northern Ireland in criminal cases.

© 2013 Baker & McKenzie 7 Civil Courts (England and Wales) Supreme Court * Court of Appeal * High Court Chancery Division (Patents Court [Patents County Court]

© 2013 Baker & McKenzie 8 Civil Courts (England and Wales) Royal Courts of Justice Rolls Building

© 2013 Baker & McKenzie 9 The High Court (Chancery Division) –All IP Cases and other cases concerned with business and property related disputes. –Designated Community Trade Marks Court –Specialist judges for patent disputes and cases of technical complexity. –Judges have science/technology background as well as experience as patent lawyers.

© 2013 Baker & McKenzie 10 The Patents County Court –Set up in 1990 to provide a less costly and less complex alternative to the High Court. –Procedure designed to deal with cases quickly and efficiently. –Deals with all IP cases including trade marks and designs, not just patents. Designated Community Trade Marks Court.

© 2013 Baker & McKenzie 11 Unified Patents Court for Europe? –When this is set up UK courts will no longer have jurisdiction over cases involving European patents. –Jurisdiction will be limited to UK patents and other IP only.

The Evolution of English IP Litigation within the European Union Stephen Jones Solicitor-Advocate, UK and European Patent Attorney Baker & McKenzie LLP