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Get your opinions here!

27 November 2009

It isn’t only the lawyers at Browne Jacobson who offer opinions. At a recent seminar, I was reminded by the UK Intellectual Property Office that its opinion service is very much open for business.

The UK-IPO offers opinions on the infringement or validity of a patent. Whilst the opinions are non-binding, they can be valuable as a negotiation tool and can be instructive in assisting the decision as to whether to proceed with patent enforcement, or clearing the path for some particular technology. Plus, says the UK-IPO, they can be obtained within 3 months of a request and only cost £200. One word of warning though – the opinions are published documents and so sometimes circumstances can dictate that confidential opinions from legal advisers may be the more suitable route!

Since the service commenced, there have been just over 100 opinions given by the UK-IPO and the general view is that uptake on this service is on the increase – it’s certainly one of the options to consider when considering whether it’s you or a competitor who has exclusivity in relation to key innovation.

Related opinions

80% hours for 100% pay? That’ll do nicely

As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.

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Are whistleblowers entitled to keep their employer’s confidential documents?

In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.

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Important opportunity to comment on case law precedent

The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.

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Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.

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Mark Daniels

Mark Daniels

Partner and Head of Business Services

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