tag:blogger.com,1999:blog-5574479.post9163371671479886755..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Friday FantasiesVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-30886136310476648052016-05-21T14:17:47.404+01:002016-05-21T14:17:47.404+01:00Dear Kant
I think the point of view that you put f...Dear Kant<br />I think the point of view that you put forward is very strained.<br />The actions referred to in Art 32(1) UPCA are:<br />Actual infringement - patentee sues someone for acts that they have committed that are alleged to have infringed the patent<br />Threatened infringement - patentee sues someone for acts that they have not yet committed but might do (threaten to commit), that are alleged to have infringed the patent (what in England is referred to as a quia timet action)<br />Neither is the same as an unjustified threats action, which is someone sues patentee for a threat made by the patentee that the patentee will sue in a situation where there is allegedly (according to the person bringing the action) no patent infringement<br />More practically, since the UPCA has no provisions for unjustified threats, but the UK Patents Act does (and if the Bill is passed into law these provisions will extend to unitary patents), I think that the UPC will hear cases of actual or threatened patent infringement, and UK courts will hear actions for unjustified threats, quite happily in parallel without any problem. I sincerely doubt that a UK court will entertain the idea that they are not competent to hear the threats action, and I equally doubt that the UPC will entertain a threats action for which there is no legal basis in the UPC. Of course if the patentee wants to counter-claim for infringement of a unitary patent, they would not be able to do so in the UK, and would have to go to the UPC, and there is the possibility in such a case that the threats action might be stayed pending the outcome of the UPC action. But if there is no counter claim, it would remain a UK-only matter.<br />Best wishes<br />DarrenDarren Smythhttps://www.blogger.com/profile/04252776942038752516noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-55075903205031070532016-05-21T11:37:13.099+01:002016-05-21T11:37:13.099+01:00Darren, that is of course a point of view but anot...Darren, that is of course a point of view but another is that Art. 32(1) of the unitary patent agreement gives the UPC exclusive jurisdiction in respect of actions for actual or threatened infringement and so the UK court has no competence is this respect.Kantnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-29319053424907556552016-05-21T01:00:11.196+01:002016-05-21T01:00:11.196+01:00Hi Spacecadet - the story is covered in slightly m...Hi Spacecadet - the story is covered in slightly more details here: <br /><br />http://www.thefashionlaw.com/home/popular-online-sneaker-site-comes-under-fire-for-godfather-like-trademark <br />Nick Smallwoodhttps://www.blogger.com/profile/10119191816902349847noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7088967357584415292016-05-20T23:52:09.622+01:002016-05-20T23:52:09.622+01:00Re: sneakerdom.
law360.com is paywalled.Re: sneakerdom.<br />law360.com is paywalled.spacecadethttps://www.blogger.com/profile/01350548456420149358noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-82633318543286871462016-05-20T22:53:17.859+01:002016-05-20T22:53:17.859+01:00Dear Kant - I don't think this is a problem. ...Dear Kant - I don't think this is a problem. Only the UPC can hear an infringement action, but that is not the same as "only the UPC can determine whether the act is an infringement" - a threats action is not an infringement action. UK courts already have the power to decide whether something is an infringement under "foreign" law, as can happen for example in the case of licence disputes. I don't see that this should be any different.<br />Best wishes, DarrenDarren Smythhttps://www.blogger.com/profile/04252776942038752516noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38996392334478400082016-05-20T15:59:04.063+01:002016-05-20T15:59:04.063+01:00The best of luck to the legislators for achieving ...The best of luck to the legislators for achieving their aim in respect of unitary patents. If a defence under §70C is that the act constitutes an infringement but only the UPC can determine whether the act is an infringement, how would the UK court decide if the defence has merit or not?Kantnoreply@blogger.com