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	<title>Comments for ksnh::law</title>
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	<link>http://blog.ksnh.eu/en</link>
	<description>Intellectual Property Observations</description>
	<lastBuildDate>Thu, 14 Nov 2013 21:31:32 +0000</lastBuildDate>
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		<title>Comment on Germany: Copyright Protection More Easily Available For Works Of &#8220;Applied Arts&#8221; by kelle</title>
		<link>http://blog.ksnh.eu/en/2013/11/14/germany-copyright-protection-more-easily-available-for-works-of-applied-arts/#comment-13043</link>
		<dc:creator>kelle</dc:creator>
		<pubDate>Thu, 14 Nov 2013 21:31:32 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ksnh.eu/en/?p=4931#comment-13043</guid>
		<description>It&#039;s time for sensible reforms on technology patents. You might find this op ed by Jonathan Zuck, president of the Association for Competitive Technology (ACT) interesting.

http://m.euractiv.com/details.php?aid=531655</description>
		<content:encoded><![CDATA[<p>It&#8217;s time for sensible reforms on technology patents. You might find this op ed by Jonathan Zuck, president of the Association for Competitive Technology (ACT) interesting.</p>
<p><a href="http://m.euractiv.com/details.php?aid=531655" rel="nofollow">http://m.euractiv.com/details.php?aid=531655</a></p>
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		<title>Comment on Wiki Edition of Agreement on Unified Patent Court Agreement (UPCA) by Time Limits &#38; Deadlines in Draft UPCA RoP: Counting The Days - KSNH Law - Intangible.Me</title>
		<link>http://blog.ksnh.eu/en/2013/08/29/wiki-edition-of-agreement-on-unified-patent-court-agreement-upca/#comment-13013</link>
		<dc:creator>Time Limits &#38; Deadlines in Draft UPCA RoP: Counting The Days - KSNH Law - Intangible.Me</dc:creator>
		<pubDate>Mon, 02 Sep 2013 13:07:19 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ksnh.eu/en/?p=4758#comment-13013</guid>
		<description>[...] Court under the still-to-be-ratified Unified Patent Court Agreement (UCPA), the Members of the Drafting Committee under the guidance of the Preparatory Committee apparently thought it might be Read article [...]</description>
		<content:encoded><![CDATA[<p>[...] Court under the still-to-be-ratified Unified Patent Court Agreement (UCPA), the Members of the Drafting Committee under the guidance of the Preparatory Committee apparently thought it might be Read article [...]</p>
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		<title>Comment on Wiki Edition of Agreement on Unified Patent Court Agreement (UPCA) by Time Limits &#38; Deadlines in Draft UPCA RoP: Counting The Days &#124; ksnh::law</title>
		<link>http://blog.ksnh.eu/en/2013/08/29/wiki-edition-of-agreement-on-unified-patent-court-agreement-upca/#comment-13012</link>
		<dc:creator>Time Limits &#38; Deadlines in Draft UPCA RoP: Counting The Days &#124; ksnh::law</dc:creator>
		<pubDate>Mon, 02 Sep 2013 06:03:46 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ksnh.eu/en/?p=4758#comment-13012</guid>
		<description>[...] Court under the still-to-be-ratified Unified Patent Court Agreement (UCPA), the Members of the Drafting Committee under the guidance of the Preparatory Committee apparently thought it might be a good idea to set [...]</description>
		<content:encoded><![CDATA[<p>[...] Court under the still-to-be-ratified Unified Patent Court Agreement (UCPA), the Members of the Drafting Committee under the guidance of the Preparatory Committee apparently thought it might be a good idea to set [...]</p>
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		<title>Comment on Wiki Edition of Agreement on Unified Patent Court Agreement (UPCA) by Wiki Edition of Agreement on Unified Patent Cou...</title>
		<link>http://blog.ksnh.eu/en/2013/08/29/wiki-edition-of-agreement-on-unified-patent-court-agreement-upca/#comment-13011</link>
		<dc:creator>Wiki Edition of Agreement on Unified Patent Cou...</dc:creator>
		<pubDate>Fri, 30 Aug 2013 08:51:47 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ksnh.eu/en/?p=4758#comment-13011</guid>
		<description>[...] &#160; [...]</description>
		<content:encoded><![CDATA[<p>[...] &nbsp; [...]</p>
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		<title>Comment on EU Commission publishes Proposal of amendend Brussels I Regulation for ensuring Enforcement of UPC Judgements by European Commission Takes Next Step Towards Legalising Software Patents in Europe &#124; Techrights</title>
		<link>http://blog.ksnh.eu/en/2013/07/31/eu-commission-publishes-proposal-of-amendend-brussels-i-regulation-for-ensuring-enforcement-of-upc-judgements/#comment-12976</link>
		<dc:creator>European Commission Takes Next Step Towards Legalising Software Patents in Europe &#124; Techrights</dc:creator>
		<pubDate>Mon, 05 Aug 2013 13:51:33 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ksnh.eu/en/?p=4720#comment-12976</guid>
		<description>[...] they&#8217;re alive) and some European patent lawyers like Volker &#8216;Falk&#8217; Metzler track the unitary patent, stating that:  the task is to implement the Unified Patent Court as a court common to a subset of [...]</description>
		<content:encoded><![CDATA[<p>[...] they&#8217;re alive) and some European patent lawyers like Volker &#8216;Falk&#8217; Metzler track the unitary patent, stating that:  the task is to implement the Unified Patent Court as a court common to a subset of [...]</p>
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		<title>Comment on EPI suggests flexible scheme for UPC Representation by European Patent Attorneys by Edoardo</title>
		<link>http://blog.ksnh.eu/en/2013/07/30/epi-suggests-flexible-scheme-for-upc-representation-by-european-patent-attorneys/#comment-12974</link>
		<dc:creator>Edoardo</dc:creator>
		<pubDate>Mon, 05 Aug 2013 08:48:06 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ksnh.eu/en/?p=4702#comment-12974</guid>
		<description>Thanks for the updated link!

As for the courses, yes, Hagen is undoubtedly more work than the two alternatives. But then again, since we are shooting in the dark, who could assume that the &quot;heavier&quot; course is the one with the most chances of success in being considered sufficient. And, worst case scenario, you are left with an LL.M., this not being the case for the other two.

From a cost perspective, Hagen and Nottingham are more or less in the same league. Costs for the CEIPI classes are not available on their website. Would you happen to know how much the CEIPI is?

Finally, one must consider that HAgen provides the opportunity to get familiar with the German legal language. Having seen the development of the court so far, I do expect most cases to be handled in Germany AND in German. I may be wrong, but if the past two years are of any use, they point toward such a conclusion.

Interesting also to see how the EPI is trying to push for a shorter way for national PA. This comes in different forms (points 11a and 11e for a complete exoneration and point 19 for a partial one), but the idea seems to be: national PA + EPA = no certificate (or less) required.

This seems to me to be aimed directly at German Patentanwälte. As true as it may be that they have enough qualifications for skipping some or all of the future PLC, I&#039;d be very surprised indeed to see the court accepting a distinction between some national PA and some others. Similarly, I highly doubt that the court would be willing to let any national PA+EPA litigate alone in front of them.

As always, we shall see.

Thanks for the always useful updates.</description>
		<content:encoded><![CDATA[<p>Thanks for the updated link!</p>
<p>As for the courses, yes, Hagen is undoubtedly more work than the two alternatives. But then again, since we are shooting in the dark, who could assume that the &#8220;heavier&#8221; course is the one with the most chances of success in being considered sufficient. And, worst case scenario, you are left with an LL.M., this not being the case for the other two.</p>
<p>From a cost perspective, Hagen and Nottingham are more or less in the same league. Costs for the CEIPI classes are not available on their website. Would you happen to know how much the CEIPI is?</p>
<p>Finally, one must consider that HAgen provides the opportunity to get familiar with the German legal language. Having seen the development of the court so far, I do expect most cases to be handled in Germany AND in German. I may be wrong, but if the past two years are of any use, they point toward such a conclusion.</p>
<p>Interesting also to see how the EPI is trying to push for a shorter way for national PA. This comes in different forms (points 11a and 11e for a complete exoneration and point 19 for a partial one), but the idea seems to be: national PA + EPA = no certificate (or less) required.</p>
<p>This seems to me to be aimed directly at German Patentanwälte. As true as it may be that they have enough qualifications for skipping some or all of the future PLC, I&#8217;d be very surprised indeed to see the court accepting a distinction between some national PA and some others. Similarly, I highly doubt that the court would be willing to let any national PA+EPA litigate alone in front of them.</p>
<p>As always, we shall see.</p>
<p>Thanks for the always useful updates.</p>
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		<title>Comment on EPI suggests flexible scheme for UPC Representation by European Patent Attorneys by Volker 'Falk' Metzler</title>
		<link>http://blog.ksnh.eu/en/2013/07/30/epi-suggests-flexible-scheme-for-upc-representation-by-european-patent-attorneys/#comment-12940</link>
		<dc:creator>Volker 'Falk' Metzler</dc:creator>
		<pubDate>Thu, 01 Aug 2013 14:00:26 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ksnh.eu/en/?p=4702#comment-12940</guid>
		<description>Edoardo, thank you for your comment. I am sorry for the cover letter behind the link, I have corrected that meanwhile. You should now find the full proposal under &#039;download&#039;. 

As to the three different courses, Hagen certainly is more work than CEIPI. It is a two-years distant-learning program in German (examinations in Munich) concluding with a master thesis which appears to be a tough hurdle for some attendees. The CEIPI Litigation Diploma is a half-year course with one weekend (Friday to Sunday) each month in Strassbourg, as far as I know. However, other than at CEIPI, the Hagen course will earn you a full legal degree (LL.M.), which may justify the larger amount of work for some attendees.  

I think one can optimise workload and benefit by taking the next CEIPI course in spring 2014. As CEIPI is closely connected with the EPO as they already offer EQE courses, it might be fair to assume that their course has very good chances to be approved.</description>
		<content:encoded><![CDATA[<p>Edoardo, thank you for your comment. I am sorry for the cover letter behind the link, I have corrected that meanwhile. You should now find the full proposal under &#8216;download&#8217;. </p>
<p>As to the three different courses, Hagen certainly is more work than CEIPI. It is a two-years distant-learning program in German (examinations in Munich) concluding with a master thesis which appears to be a tough hurdle for some attendees. The CEIPI Litigation Diploma is a half-year course with one weekend (Friday to Sunday) each month in Strassbourg, as far as I know. However, other than at CEIPI, the Hagen course will earn you a full legal degree (LL.M.), which may justify the larger amount of work for some attendees.  </p>
<p>I think one can optimise workload and benefit by taking the next CEIPI course in spring 2014. As CEIPI is closely connected with the EPO as they already offer EQE courses, it might be fair to assume that their course has very good chances to be approved.</p>
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		<title>Comment on EPI suggests flexible scheme for UPC Representation by European Patent Attorneys by Edoardo</title>
		<link>http://blog.ksnh.eu/en/2013/07/30/epi-suggests-flexible-scheme-for-upc-representation-by-european-patent-attorneys/#comment-12939</link>
		<dc:creator>Edoardo</dc:creator>
		<pubDate>Thu, 01 Aug 2013 13:24:00 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ksnh.eu/en/?p=4702#comment-12939</guid>
		<description>Thanks for the always interesting info.

I may be missing something, but the doc linked to by the &quot;download&quot; link above does not seem to contain any mention of Hagen, Ceipi or Nottingham. In fact, it seems to be a cover letter for a more detailed paper, which seems the one you are referring to. Would you happen to have the link to the paper?

Also, like I guess many others out there, I have been pondering which of those three I should enroll into. One can&#039;t help but notice that they are rather different in scope, as well as in duration. While Hagen is two years, Nottingham is done with in less than 12 months. I can&#039;t find any info concerning the CEIPI classes on their website, unfortunately.  

This begs the question: will the EPI/UPC really consider them to be equivalent? Since we are all out there waiting for a clear indication on how best to spend something in the region of 10k€, it would be nice not to pick the wrong one. 

Of course we can all wait and have clear instructions. But I think it&#039;s fair to say that on one here wants to be the last to enroll, when the &quot;correct&quot; course is defined and fully booked. So I guess we will all have to take our chances. Still, the paper you are referring to, seems to be a as good an indication as one can get, so direct link would be much appreciated.

Thanks again and Regards,
Edoardo</description>
		<content:encoded><![CDATA[<p>Thanks for the always interesting info.</p>
<p>I may be missing something, but the doc linked to by the &#8220;download&#8221; link above does not seem to contain any mention of Hagen, Ceipi or Nottingham. In fact, it seems to be a cover letter for a more detailed paper, which seems the one you are referring to. Would you happen to have the link to the paper?</p>
<p>Also, like I guess many others out there, I have been pondering which of those three I should enroll into. One can&#8217;t help but notice that they are rather different in scope, as well as in duration. While Hagen is two years, Nottingham is done with in less than 12 months. I can&#8217;t find any info concerning the CEIPI classes on their website, unfortunately.  </p>
<p>This begs the question: will the EPI/UPC really consider them to be equivalent? Since we are all out there waiting for a clear indication on how best to spend something in the region of 10k€, it would be nice not to pick the wrong one. </p>
<p>Of course we can all wait and have clear instructions. But I think it&#8217;s fair to say that on one here wants to be the last to enroll, when the &#8220;correct&#8221; course is defined and fully booked. So I guess we will all have to take our chances. Still, the paper you are referring to, seems to be a as good an indication as one can get, so direct link would be much appreciated.</p>
<p>Thanks again and Regards,<br />
Edoardo</p>
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		<title>Comment on 15th UPC Draft Rules of Procedure open for Public Consultation by Mark</title>
		<link>http://blog.ksnh.eu/en/2013/06/26/15th-upc-draft-rules-of-procedure-open-for-public-consultation/#comment-12823</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Thu, 04 Jul 2013 13:55:13 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ksnh.eu/en/?p=4589#comment-12823</guid>
		<description>&quot;Interestingly, European patent attorneys having a law degree would not be fully authorised, as the epi membership does not authorise any practise before a national court.&quot;

1) For this reason the officially used Englisch terminology &quot;European patent attorney&quot; is inappropriate. The correct term should be &quot;registered representative for EPO proceedings&quot; or something similar.

2) I can not understand why the Swedish Patent Attorneys Board is explicitly mentioned in Rule 286 (1). It is new to me that Sweden is the center of gravitiy for patents in Europe. So, can someone tell me the reason for that?

Best regards, Mark</description>
		<content:encoded><![CDATA[<p>&#8220;Interestingly, European patent attorneys having a law degree would not be fully authorised, as the epi membership does not authorise any practise before a national court.&#8221;</p>
<p>1) For this reason the officially used Englisch terminology &#8220;European patent attorney&#8221; is inappropriate. The correct term should be &#8220;registered representative for EPO proceedings&#8221; or something similar.</p>
<p>2) I can not understand why the Swedish Patent Attorneys Board is explicitly mentioned in Rule 286 (1). It is new to me that Sweden is the center of gravitiy for patents in Europe. So, can someone tell me the reason for that?</p>
<p>Best regards, Mark</p>
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		<title>Comment on 15th UPC Draft Rules of Procedure open for Public Consultation by law group practice</title>
		<link>http://blog.ksnh.eu/en/2013/06/26/15th-upc-draft-rules-of-procedure-open-for-public-consultation/#comment-12743</link>
		<dc:creator>law group practice</dc:creator>
		<pubDate>Tue, 02 Jul 2013 10:57:26 +0000</pubDate>
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		<description>It is detaily explained for people this site Lawyers within the meaning of Article 48(1) of the Agreement are also persons possessing a law degree who are authorised by the Swedish Patent Attorneys Board or equivalent body in a Contracting Member State</description>
		<content:encoded><![CDATA[<p>It is detaily explained for people this site Lawyers within the meaning of Article 48(1) of the Agreement are also persons possessing a law degree who are authorised by the Swedish Patent Attorneys Board or equivalent body in a Contracting Member State</p>
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