UK, German Parliament, London discussed on IP Fridays - your intellectual property podcast about trademarks, patents, designs and much more
In the uk. We need an address in the uk. Right i think on on on on patents european patents you have a uk designation take effect automatically in the uk. And that's been the case for some time and so since translation requirements were waved a few years ago. There's no actual violate validation. Step once address for rules change on the first january that remains true. It's not necessarily to supply a uk address for service for it for the european patent the european to take effect nor is it necessary for renewal however you will need supply. Uk justice service if you want to do anything else in relation to the patent so if you want to make an amendment gretchen stopped proceedings etc. Then you will need. The address for service said there is guidance available. Any questions or concerns to i. Paul is to look at the garden website but then if anything other question that police do do ost he hasn't i. I guess the safest bet would be to heaven address for service in the uk or give you an address for service. Uk in just in case for example would be attacked by revocation proceedings. So so someone would be notified right. Okay thank you very much. It is very hopefully the answer. One more question regarding patents and the german parliament Finally voted again on the topic of the unified patent court and germany is now expected to ratify agreements. Who won the. Upc agreement Do you think it would be possible for the uk to stay in the ups's system that would obviously be very good advantage for the applicants of european patents. And if yes how do you think that would be possibly the worst in terms the upn upc and again. That's been a big year for that this this year But you did has made the statement earlier this year saying that he's not seeking to have involvement in the up or upc system Going forward your participation. The court doesn't mean the various aspects of avilla law apply and would need to be bound by the way you and that's not consistent with the names of becoming independent self governing nations so We're not. We are not looking to take part in the up upc And in terms of how that will develop going forward that will be for the remaining members off of the upc to decide how that goes forward so okay. That's the that's quite clear on how that's working for for the foreseeable future. And i would guess that that will also cover the seat of the upc. One of the three seats in london would stay there or would that be given up. I mean regarding the future location of that seat. I mean that is a matter for remaining states to decide. Obviously we've been involved in in setting up the the in london but given the uk will no longer be part of of the up up system. The other member states needs to decide what's going to happen with with that seat of the court going forward. It's not something. I would love to travel to the uk to london for the proceedings. So i would love to seep to to stay in london. But i don't know as a good reason to come to london so we're leaving new. You still have strong ties with end is really important relationships for so yup we look forward to seeing you the uk. That won't change. Thank you so much so. I have another various pacific question that i was asked before this interview. So let us assume the following next year one of our clients to oppose a trademark in the uk based on an earlier european trademark which has spawned trademark by first of january and then the question would be where the use of the earlier trademark for example in germany. The earlier you might be sufficient for proof of us In these opposition proceedings or is it necessary for the newly created opposing. Uk trademark to have been used in uk by them. Now you're get into the real technical details for me. So i'm grateful. I've got a fantastic team of people that You know this detail because If it was left to me that would be much harder I think it's a really important question. and you setting considering any sort of a before the first of january though things will be taken to account so you know the the five year periods for Looking at sort of use and things that any period before the first of january twenty one in europe would be taken into account so your example in germany. If you appeared at that time it's been used in germany. That could be used as part of proof of of use of trademark. After the first of january things will be different so as long as that. Five year period has an ultimate before the first of january. Then things will be taken into account going with. That's something that people need to think around and coming to effect but it is very generous. Thank you so much for that information very helpful in the very generous solution grateful for that so to make it make it make the system work for everybody and i think that's that's important and ultimately saying look. The system is is fundamental to the way all our economies work and making sure that that carries on is is really kate. The uk has a great system will continue to have a great system. I'm just some of the relationships change and we want to make that transition as smooth as possible for everybody. I'm sure there will be certain things. That unforeseen circumstances that may crop up but said the aim is to to make things work for customers to ensure that business and trademarks.