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Edite Ligere Joins Leaders in Law as the Banking & Finance Law Member in the United Kingdom

Leaders in Law, the leading platform in its field, is delighted to welcome Edite Ligere as our exclusively recommended & endorsed Banking & Finance Law expert in the United Kingdom.

Edite’s practice focuses on the regulation of artificial intelligence, global financial regulation, banking, insurance, human rights, machine learning and cyber security.

Edite has participated in and advised on global regulatory standard setting and the national implementation of global regulatory standards. Edite is a regular contributor to various pro bono human rights and environmental initiatives, an author of various legal publications and a speaker at international and national conferences.

Edite Ligere holds an LLB (First) and an LLM from the University of London. She was called to the Bar of England and Wales by the Honourable Society of Lincoln’s Inn and is a Hubert Greenland Scholar of the Honourable Society of Lincoln’s Inn.

 

 

Liliane Mubanga Joins Leaders in Law as the Commercial Law Member in the Dem. Rep. of the Congo

Leaders in Law, the leading platform in its field, is delighted to welcome Liliane Mubanga as our exclusively recommended & endorsed Commercial Law expert in the Dem. Rep. of the Congo.

Liliane practices in Commercial Law, Banking, General Trade, Construction, Mining and Hotel Industry.

Liliane is mining and quarrying agent; she has a Masters in International Commercial Law from Robert Kennedy College/University of Salford Manchester. Liliane Mubanga has also had a training in: OHADA; Hydrocarbons; Public Procurement; and insurance, among others.

 

Alexandra Burger joins Leaders in Law as the Private Equity Law Member in South Africa

Leaders in Law, the leading platform in its field, is delighted to welcome Alexandra Burger as our exclusively recommended & endorsed Private Equity Law expert in South Africa.

Alexandra Burger is an Admitted Attorney and Notary in South Africa, Legal Counsel and Senior Advisor to several local and international private equity and venture capital funds and companies. A business and investment executive, entrepreneur and board and governance leader with 20 years’ local and international experience providing bespoke legal and investment solutions to multiple organizations.

Experience and Clientele

Alexandra has a proven track record in investment banking, investment product development, transactional legal work, cross border structuring, stakeholder management including capital raising, investor relations and alternative financing solutions. She has advised and listed companies and funds on several international stock exchanges. In particular, she has 20 years’ experience in international fund and company structuring and management. Alexandra also has experience in management of M & A exits, governance, forensics , distressed assets and cross border licensing and trade. .

Her employers and clients include banks, development finance institutions, asset managers, private equity funds, venture capital funds and retirement funds. Alexandra has a passion for companies in technology from IT, IOT, FinTech, MediaTech, MedTech, Agritech to Mining Tech and, for almost 17 years she has been advising SMEs and Midmarket companies in legal matters, commercialisation capital raising and expansion into international markets.

 

Brian Chase joins Leaders in Law as the Personal Injury Law Member in California, USA

Leaders in Law, the leading platform in its field, is delighted to welcome Brian Chase as our exclusively recommended & endorsed Personal Injury Law expert in California, USA

Managing Partner, Senior Trial Lawyer

Nationally known and top rated auto defect and California personal injury lawyer Brian D. Chase serves injured plaintiffs with trust, passion, and results.

What Being An Injury Advocate Means to Brian Chase

Assisting injured people to obtain justice from big corporations when they manufacture dangerous products that cause injuries due to placing profit over safety.

Helping accident victims collect what they are due from insurance companies that believe they are solely in business to collect premiums, as opposed to the business of paying valid claims. The satisfaction of helping someone recover their life after an accident or injury, especially one from the wrongdoing of others. This is what matters most to Brian Chase.

 

Franco Oriti joins Leaders in Law as the Patent Law Member in Switzerland

Leaders in Law, the leading platform in its field, is delighted to welcome Franco Oriti as our exclusively recommended & endorsed Patent Law expert in Switzerland.

Franco’s practice areas include Intellectual Property – Trademark, Patent and Design Representative, Renewal of Patents of Invention, Designs, Utility Models, Supplementary Protection of Certificates, Textile Designs, Plant Varieties and Trademarks.

He has a University degree in International Political Science obtained at University of Milan.

Franco speaks English, Italian, French, German and Russian

Design applications in China from June 1, 2021 onwards

From June 1, 2021 onwards, design applications in China will be subject to the new Chinese patent law. From this date onwards, design applications at the Chinese Patent Office will also be possible for parts of designs. This new possibility is one of the most important aspects of the newly reformed Chinese patent law, as it harmonizes Chinese design regulations with European and US design law as well as the international practice of design registrations.

Protection of parts of designs was up to now, unlike the usual international practice, not possible. In the past, Chinese patent law only allowed the registration of designs as whole entities in connection with usable and purchasable products. The current reform of the Chinese patent law with regard to design applications is hence a most welcome harmonization with European and international standards. It remains to be seen if drawings according to these standards will be equally accepted by the CNIPA.

Another important novelty in view of the international protection of designs is the fact that the term of protection is prolonged from previously 10 to now 15 years. Which is, of course, most welcome but still 10 years less than the maximum protection of designs at the European Union Intellectual Property Office.

Also visit the following link: https://english.cnipa.gov.cn/

Competition Law and its Effect on the use of Patent Rights

Which? has launched a £480 million complaint in the UK against 4G chip maker Qualcomm alleging that it has abused its dominant position in the marketplace by inflating prices for licenses of the patents that it holds. Which? alleges that these prices were then passed on to the consumer in the form of higher handset prices.

A patentee grants a patent license to a third party so that the third party can practice the invention without the risk of being sued. Licenses are often granted in exchange for a fee – or in exchange to license technology from the third party – so called “cross-licensing”. In this case Which? alleges that the terms of the licenses were inflated to Qualcomm’s benefit as a result of its dominant position in the marketplace.

The Federal Trade Commission in the United States brought a similar action in the United states in 2017 – but this was ultimately dismissed. However, in Europe Qualcomm was found to have broken competition law for deals it made with Apple, and for its 3G licensing deals. It received significant fines at the time.

What does this tell us about IP? Regardless of the eventual outcome of this particular case, it shows us that patent rights and competition law can be in contrast to one another. Patent rights grant monopolies – the right to exclude others from a market, whilst competition law attempts to stop dominant companies from abusing that position of dominance. Therefore, once a company is large enough that it has a dominant market share it must consider competition law when utilising its patent portfolio.

For technology companies that have a licensing based business model a successful patent strategy could mean that they become dominant in a burgeoning technology market very quickly. It’s therefore necessary to continually assess the market share you have in a particular marketplace and how that may affect your trading practices. As ever it is always best to seek professional representation if you are concerned about such matters.

Brexit and the implications for your Intellectual Property Rights

What will the Brexit mean for your intellectual property (IP) rights? Will Britain leave the European Union (EU) without a deal? Or will the Prime Minister manage to get the British Parliament to vote in favour of a Plan B-deal? The Brexit will have consequences for trademark rights, design rights, copyright and patent rights that involve the UK and the EU. Start prepping to protect your IP before Brexit!

The Brexit does not just impact organizations doing business in or with the UK from a commercial trade perspective (e.g. customs and import). You should also think about the ‘crown jewels’ of your organization (e.g. trademark rights, design rights, copyrights or patent rights) covering the European Union.

Brexit will impact every company having intellectual property, licenses and distribution agreements within the EU or UK scope.

Although the uncertainty about the Brexit remains, you should know that whatever happens, you should start preparations. For instance, what happens with the UK coverage of your EU trade mark and design registrations? Should you amend the territorial scope in your intellectual property contracts? A mere reference to the ‘EU’ may become difficult to interpret. This blog outlines the potential implications concerning your intellectual property rights following a Brexit.

Impact of Brexit on European Trade Marks and Designs

EU trade marks and designs are granted by the EU Intellectual Property Office (EUIPO). Currently, companies and individuals owning a registered EU trade mark or design have their trade mark or design right protected across all EU member states including the UK.

After the Brexit, existing EU trade mark and design registrations will no longer include protection in the UK. However, even in case of a ‘no deal-scenario’, the UK government ensured that the rights in all existing registered EU trade marks and designs will continue to be protected and enforceable in the UK by providing an equivalent trade mark or design registered nationally in the UK.

If you have pending applications for trademark or design rights in the EU at the Brexit date, you may refile your application with the UK Intellectual Property Office under the same terms for a UK equivalent right. For a period of 9 months from exit, the UK government will recognize filing dates and claims to earlier priority and UK seniority recorded on the corresponding EU application.

Impact of Brexit on Copyrights

Various international treaties (such as, the Berner Convention and the WIPO Copyright Treaty) govern the protection of copyright. Under these rules, countries provide cross border copyright protection. These rules are luckily not dependent on the UK’s membership of the EU. As a consequence, copyright protection in the UK for EU protected works will largely remain unchanged.

What about database rights and other EU specific IP legislation?

The EU copyright system is based on EU legislation so it only extends to EU member states. Although the protection rights under EU legislation will be preserved in UK law, cross-border IP protection mechanisms will be different. For example, in the event of a no deal-Brexit, there will be no obligation for EU member states to provide database rights to UK businesses. As a result, owners of UK database rights may find their rights unenforceable in the EU. So companies may need to consider other forms of protection for their databases.

Impact of Brexit on Patents and supplementary protection certificates

Only a few areas of UK patent law are derived from EU legislation. Probably the most important issue here is patented pharmaceutical products and chemical compounds. EU law provides for an additional period of protection after a patent has lapsed, the so-called ‘supplementary protection certificate’.

In addition, EU law provides for compulsory licenses to be granted for UK manufacture of a patented medicine for export to a country with a public health need. Also, EU law demonstrates that certain studies, trials and tests using a patented pharmaceutical product will not be regarded as an infringement of the patent.

Luckily, regardless of the Brexit, any relevant EU legislation (including its implementation in UK law) will remain. This means that the supplementary protection certificates, compulsory licenses and exempted studies and trials will be kept under UK law.

What about the Unitary Patent?

Under the European patent regime, a European patent application essentially forms a bundle of national applications. Each application needs to be validated per EU member state. The Unitary Patent will be one inseparable right covering 26 EU countries. The UK is one of those 26 countries. They ratified the Unitary Patent system only in April 2018 which indicates their desire to be part of this system in spite of Brexit.

However, the Unitary Patent protection cannot be separated from the general principle of the EU’s Internal Market. As a consequence, and especially in the event of a ‘no deal-Brexit’, it is questionable whether the Unitary Patent protection will remain applicable to the UK once it has left the EU. If not, it means that businesses seeking patent protection in the UK will still need to commit to the national UK patent system.

Exhaustion of IP rights after Brexit

Another topic for your business to consider, is the so-called exhaustion of intellectual property rights. ‘Exhaustion’ limits intellectual property rights. Once an IP protected product has been legitimately put on the market anywhere in the EU, the IP rights (e.g. prevent the resell or other commercial use) over such product can no longer be exercised because these rights are exhausted.

In a ‘no deal-scenario’, products rightfully placed on the UK market after Brexit, will not be considered exhausted in the EU. As a result, if your company exports products from the UK to the EU you may still require the IP owner’s consent.

To discuss potential effects of the Brexit on your IP rights, please do not hesitate to contact Lukas Witsenburg from Penrose. Email: l.witsenburg@penrose.law or telephone: +31 (0)20-240 0710.