This week on MIP: SEPs reform, Archambeau interview
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This week on MIP: SEPs reform, Archambeau interview

EuropeanCommission

We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP

EU takes aim at ‘bad-faith’ actors with SEP reform

The European Commission unveiled plans to stamp out excessive royalty demands for standard essential patents and put the EUIPO in charge of setting fair terms today, April 27.

The proposals are broadly in line with the substance of a draft that was leaked earlier this month and which was met with heavy criticism from SEP owners and praise from technology implementers.

But there have been some significant changes. The final text says the EUIPO would set global royalty rates for SEP portfolios and not just European patents.

Click here to read the full story.

SCOTUS rejects plea to review DABUS decision

The US Supreme Court declined to hear a petition for a writ of certiorari over whether artificial intelligence can be listed as an inventor on Monday, April 24.

Stephen Thaler filed the petition last month after the Court of Appeals for the Federal Circuit rejected his attempt to list an AI tool called DABUS as the inventor on a patent application.

Click here to read the full story.

Optis wins UK appeal in Apple SEP fight

The England and Wales High Court was wrong to invalidate three Optis-owned patents in the company’s dispute with Apple, the Court of Appeal ruled yesterday, April 25.

The appeals court decided in a two-to-one majority to set aside Mr Justice Richard Meade’s decision from December 2021. Lord Justices Richard Arnold and Christopher Nugee found for Optis while Lord Justice Colin Birss dissented.

Click here to read the full story.

Exclusive: Archambeau tells of ‘surprise’ at EUIPO vote, defends record

Christian Archambeau was as “surprised as anyone” when he failed to win a second term as EUIPO executive director last November, he told Managing IP in an exclusive interview on Wednesday, April 26.

In the interview, which was published in full yesterday, April 27, Archambeau said he had still not been given any explanation for the decision.

Click here to read the full story.

Other articles published by Managing IP this week include:

Influencers and IP: how brands can avoid going viral

Exclusive: Archambeau on EUIPO leadership drama and SEP mantle

Smoothly does it: counsel eye gradual transitions for rebranding success

Bored Ape NFT order ‘no surprise' but good guidance: counsel

Weekly take: Women IP leaders must help build the next generation

Elsewhere in IP

UPC latest

The Unified Patent Court named the presiding judges for each of its divisions on Tuesday, April 25. There will be 12 local divisions and one regional division (Nordic-Baltic) when the court opens on June 1. The Paris and Munich central divisions will be headed up by Florence Butin and Ulrike Voß, respectively.

Sheeran row

Ed Sheeran appeared in a New York federal court to defend himself against copyright infringement allegations on Tuesday, April 25. The estate of Ed Townsend, who co-wrote Marvin Gaye’s ‘Let’s Get It On’, accused Sheeran of copying the song with his hit 2014 ‘Thinking Out Loud’.

Sheeran appeared in a combative mood as he told the other side’s lawyer: “If I had done what you’re accusing me of doing, I’d be quite an idiot to stand on a stage in front of 20,000 people and do that”.

IP watch list

The US Trade Representativepublished its Special 301 Report on Wednesday, April 26. The report, which usually comes out in April each year, identifies countries deemed to have poor intellectual property protection regimes. This year, seven countries have been included on the priority watch list: Argentina, Chile, China, India, Indonesia, Russia, and Venezuela.

EU reforms

The European Commission introduced a wide-ranging series of patent reforms, ranging from pharmaceuticals to standard essential patents (SEPs) this week. Officials presented proposed new rules on compulsory licensing to prepare the bloc for future health crises on Wednesday, April 26. The next day, April 27, the commission unveiled plans for a unitary supplementary protection certificate alongside proposed SEP reforms.

World IP Day

The IP sector marked World IP Day on Wednesday, April 26, under the theme “Women and IP: Accelerating innovation and creativity”. “This year, we celebrate the achievements of woman innovators, creators, and entrepreneurs, while issuing a call for further action so that more women and girls from all parts of the world can use IP to bring their ideas alive,” said Daren Tang, director general of WIPO.

That's it for today, see you again next week.

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