Matteo Pes

Attending the assembly of the Italian chart of LES, at the university of Milan. Later today there will be a seminar on the latest case law development across Europe.

Info of the case: Fives ECL (FR) vs REEL GmbH (DE) language: German patent: EP 1740740 National court: Düsseldorf UPC local division: Hamburg (UPC_CFI_274/2023; ACT_559935/2023) The action for determination of damages has been referred back to the Hamburg Local Division

The Court of Appeal of the Unified Patent Court UPC issued an order on 16 January 2025 confirming competence of the UPC for deciding damages related to patent infringement, when the counterfeiting has been confirmed by a NATIONAL COURT!!! Holy Moly!

The panel clarified that the UPC is competent to hear a counterclaim for FRAND-rate setting initiated by the defendants but dismissed the concrete applications of the defendants on the facts of the instant case.

The FRAND defense was unsuccessful as the offer of the claimant was considered to be FRAND, the counteroffer to be unFRAND.

Today, the Local Division Mannheim rendered the first UPC decision on alleged infringement of a standard-essential patent (SEP). The panel found EP 2 568 724 of Panasonic to be valid and infringed by OPPO.

Updates on the Italian patent box

Attending a seminar organized by the local chamber of commerce on designs, copyright and unfair competition

Attending the LES event in Milan, which focuses on recent amendments of the law on the registered designs of the EU

Despite its adoption, the Amending Regulation requires an additional legislation package, which is still to come

On 10 October 2024 , the Council adopted the EU Design Legislative Reform Package. The legislation includes two texts: the Recast Directive on the legal protection of designs and the Amending Regulation on community designs. europarl.europa.eu/doceo/document…

Yesterday I attended in person the CPHI exhibition in Milan, dedicated to pharma industry: Custom Manufacturing, Fine and Specialty Chemicals, Intermediates, APIs, Pharmaceutical Machinery & Technology, Pharmaceutical Packaging, Biopharmaceuticals, Finished Dosage Forms

Romania becomes the 18th Member State to ratify the Agreement on a Unified Patent Court (UPCA). On 31 May 2024, Romania has deposited its instrument of ratification. On 1 September 2024 the UPCA agreement entered into force. Jurisdictions covered by the UPCA are now 18.

Unified Patent Court. Central Division. Milan. Now

For the first time in 20 years, the entire EU design system is being revised. How will the new EU rules benefit users? Will design protection be more affordable? Find the answers to these questions in our webinar: euipo.europa.eu/knowledge/cour…

CNIPA to Shorten Average Examination Period of Invention Patent Application to about 15.5 Months

I have mixed feelings on the Unified Patent Court myself... for enterprise to have one patent covering a wide area makes administrative and financial sense, but is it on the other hand giving away more of our self rule to an unaccountable supernational body? Postponing it is the right thing to do and lets debate it, though I doubt too many will have too much intrest. Ive a bot of a personal intrest in the topic myself, so will be following it closely as I can. thejournal.ie/tanaiste-miche…

@WIPO releases its 3-year strategic plan in the field of standard essential patents (SEPs). The strategy sets four pillars of upcoming work to serve as a platform for discussion, enhance transparency, be a hub of data, and provide services in the SEP area. wipo.int/publications/e…

China - CNIPA The number of invention patents granted was 152,258, up 77.56% year-on-year; Surprisingly, the number of utility models granted was 271,230, down 26.03% year-on-year; The number of designs granted was 89,632, down 23.44% year-on-year.