Archive for December, 2011

There has been a record drop in the number of students applying to study law, according to figures which may be off interest to people attending legal business events.

The statistics from the Universities and Colleges Admissions Service (UCAS) found that there was a 5.2 per cent dip in the number of people applying to study law this year, when compared to a year before. In fact there was nearly 14,000 applicants for law courses at the 26 universities that supply figures to UCAS.

However, it wasn’t just law courses that suffered a drop in student numbers overall there was a nine per cent drop in the number of people applying to higher education courses; which is the biggest fall in more than 30 years.

Marcus Evans presents legal business events, created by experienced professionals and with information presented by industry experts.
 

Attendees at legal business events this year will be interested to hear about proposed changes to the law on inheritance.

Greg Knight MP has proposed changes to the law which currently prevents the children of a parent who dies before the age of 18 inheriting any part of the estate.

The Estates of Deceased Persons Bill would allow grandchildren to inherit an estate if the parents reject or forfeit the legacy.

One of the key principles behind the Bill is to take away the chance of a murderer being able to claim an inheritance. It would allow the children of a person who murdered their own parents to inherit from their dead grandparents.

Under the current law the children would lose out because the parents forfeited their claim.

Marcus Evans presents legal business events, created by experienced professionals and with information presented by industry experts.

Those attending legal conferences over the next few months will no doubt be aware of the changes in litigation funding which are being proposed for the UK.

Litigation backers including law firms are set to benefit from the possible changes, which will see them getting paid in commercial litigation procedures regardless of whether the client wins or not, the Lawyer reports.

This will be a welcome change from the current model, which involves the backer getting paid only if the case is successful.

The new changes, which may see the dawn of an era of co-funding between law firms, are likely to have the most effect on clinical negligence and personal injury claims, the magazine said.

A report by the New Law Journal said at the end of 2010 that one in three UK companies had faced litigation actions in the past year. It predicted that number would rise in 2011.

The latest UK labour market statistics don’t give much of an indicator as to the big issues at human resources conferences in the near future.

They paint a very mixed picture. Unemployment is at its highest point – eight per cent – for 17 years, but the recruitment of people aged over 65 has also hit a high while Jobseekers’ Allowance claimants have fallen by 10,000 in the last three months.

The figures, from the Office for National Statistics, offer support to both those who warn of the UK’s economic fragility and those who see signs of recovery.

Chartered Institute of Personnel and Development chief economist John Philpott said: " The headline rise in unemployment suggests that the labour market weakened at the turn of the year.

"However, figures showing more people in work in the private sector, including in manufacturing, and fewer on welfare benefits offer hope that the labour market might withstand the economic headwinds better than previously expected."

Marcus Evans presents human resources conferences, created by experienced professionals and with information presented by industry experts

Those attending legal business events this year may be interested to hear of new employment laws which will take effect over the next four years.

The British Chamber of Commerce has warned that companies face seven major changes in 2011. Chief among those is the agency workers directive, which may prove expensive to some businesses.

The proposed law is for agency workers to receive the same pay as permanent staff after just 12 weeks in a job. The BCC projected the annual recurring cost to business as £1.5 billion.

Other changes include giving workers the right to request time off to train. And pensions reforms will cost £4.5 billion each year.

The British Chamber of Commerce has warned against "constant tinkering" to employment law, with three changes to parental leave planned for the next two years.

Marcus Evans presents legal business events, created by experienced professionals and with information presented by industry experts.

Those attending legal conferences this year may be interested to hear of proposed cuts to the legal aid budget.

The Justice Secretary Kenneth Clarke believes civil legal aid should be removed for a variety of disputes. Clinical negligence, relationship break ups, and disputes over school admissions are examples of where he feels money can be saved.

However the Bar Council and the Law Society represent barristers and solicitors in England and Wales, and they believe the move will leave hundreds of thousands without representation.

The Law Society believes "more than half a million people each year will find themselves unrepresented and ultimately ’silenced’ in court".

At the launch of the Green Paper last November the Justice Secretary said the proposals would help save £350 million over the next four years.

Marcus Evans presents legal conferences, created by experienced professionals and with information presented by industry experts.

The hot topic for debate amongst divorce lawyers at legal business events this year will be pre nuptial agreements.

This is after the Law Commission began public consultation on pre-nuptual agreements in British law.

The independent body is seeking public views before passing recommendations to government on whether the law on pre-nups needs changing.

Professor Elizabeth Cooke is leading the Law Commission project. She said possible options could include pre-nups where couples agree to avoid the courts when seeking a financial settlement.

She also suggested agreements which could exclude family heirlooms or wealth acquired before marriage. Under current law, a family business created before a marriage would not remain untouched in a divorce.

And one of the biggest changes in divorce proceedings of recent times will undoubtedly take stage at this year’s legal business events.

Marcus Evans presents legal business events, created by experienced professionals and with information presented by industry experts.

SAP: Protecting IP in Emerging Economies

FOR IMMEDIATE RELEASE

Intellectual Property (IP) Counsel cannot rely on traditional IP enforcement methods to protect their companies’ IP rights in emerging economies, says Naomi Abe Voegtli, Vice President, Global IP, SAP. Protecting IP is always more challenging when it involves a jurisdiction outside the US. When that jurisdiction is a country with nascent IP laws, sometimes more non-traditional enforcement methods will provide better results.

A speaker at the marcus evans IP Law Summit Spring 2012 in Amelia Island, Florida, March 18-20, Voegtli shares her thoughts on protecting IP in China and India, and discusses her experiences in the software industry where patentability is unclear.

What is unique about IP protection in the software industry? What could IP Counsel learn from your experiences?

Protecting software IP can involve fundamental questions about whether the IP is patentable subject matter under the US Patent Law. The Supreme Court recently has weighed in on the patentability of software, providing some guidance; however, the full impact that the Supreme Court’s decision will have on the Patent Office, the courts and, ultimately, our IP strategies, remains unclear. Further, the Supreme Court will be considering the patentable-subject-matter issue again during its current term, in the context of IP relating to diagnostic medical tests. Another decision by the Supreme Court on what constitutes patentable subject matter could greatly affect the software industry.

In addition, the standards for patentability of software in the US differs from those of many other countries, so it is important to keep in mind key countries’ patentability standards when seeking protection for software, including the preparation of patent applications. This can be challenging. 

A significant development is Congress’ recent landmark patent legislation, which includes many new and amended laws that differ among the software, pharmaceutical and chemical industries. Some of the amendments are favorable to the software industry, but a few amendments that the industry supported did not make it into the final legislation.

How could IP Counsel safeguard IP in emerging countries?

IP protection systems are still evolving in emerging economies, such as China and India, and multinational companies are hoping that those protection systems will improve in many areas.

In countries with well-established IP laws, like the US, IP Counsel have viable litigation options and a clearer understanding of how to negotiate and license IP rights. But when doing business with China and India, IP Counsel need to be more creative and also more understanding of local practices and customs. For example, it might be worth getting support from government officials outside of the court system and exploring “win-win” situations with those believed to infringe. Enforcing a judgment against an infringer can also be difficult, thus, requiring the help of local IP Counsel to implement enforcement solutions outside of the court system.

In China, it is national policy to increase domestic ownership of IP, so IP Counsel cannot depend on traditional methods for protection and enforcement. Many IP Counsel are not aware of this, however, and do not significantly modify their practices and strategies when dealing with China.

Is this similar to negotiating with a hijacker or a kidnapper? What if there are several IP infringers?

I would phrase it differently and do not see it this way at all. The IP laws are very young and evolving at a fast past in China, for example, and we must take a wait-and-see approach to see how much progress China makes over time. My expectation is that it will improve substantially; it is just a matter of time. Chinese pro-national IP policy will affect the ability of a non-Chinese company to enforce its IP; thus, in devising an enforcement strategy for China, it is important to consider lobbying the Chinese government and cooperating with the US government to encourage change in China.

What is your outlook for the coming years?

The US Supreme Court has shown great interest in patent law and policy over the past several years, which I expect will continue. It is thus important for IP Counsel to maintain a flexible approach so that they are able to adjust their practices and strategies as the IP laws and the IP climate changes.

There also has been some anti-IP sentiment amongst some policy makers and academics in recent years, which may affect the Supreme Court’s outlook on IP matters involving software. In the face of this anti-IP sentiment, the industry should respond and make clear the importance of having adequate IP protection on software technology.

Contact: Sarin Kouyoumdjian-Gurunlian, Press Manager, marcus evans, Summits Division

Tel: + 357 22 849 313
Email: press@marcusevanscy.com

About the IP Law Summit Spring 2012

This unique forum will take place at The Ritz Carlton, Amelia Island, Florida, March 18-20, 2012. Offering much more than any conference, exhibition or trade show, this exclusive meeting will bring together esteemed industry thought leaders and solution providers to a highly focused and interactive networking event. The Summit includes presentations on safeguarding IP, developing sustainable brand protection strategies, global IP portfolio management and maintaining competitiveness with IP litigation.

For more information please send an email to info@marcusevanscy.com or visit the event website

marcus evans group – legal sector portal

Complementing our Summit format, the Legal Network – marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.

Please note that the Summit is a closed business event and the number of participants strictly limited.

About marcus evans Summits

marcus evans Summits are high level business forums for the world’s leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, think tanks, seminars and one-on-one business meetings. For more information, please visit www.marcusevans.com 

All rights reserved. The above content may be republished or reproduced – kindly inform us by sending an email to press@marcusevanscy.com

Those attending legal conferences this year will be interested to hear how Europe’s highest court has scuppered plans for a common EU patent system.

Less than a month after MEPs approved the plan, the European Court of Justice believes the establishment of a European Patents Court would contravene EU law.

The court ruled that this type of body would take powers away from both itself and national courts – who could no longer apply EU laws regarding patent disputes.

Under the current system, patent infringements can only be challenged in national courts. And this often creates huge costs, causing trouble for small businesses.

While EU officials are pressing for a single European patent, they face strong opposition from Spain and Italy, both of whom are unhappy about language translation issues.

Marcus Evans presents legal conferences, created by experienced professionals and with information presented by industry experts.

Questel on Monitoring All Patents Relevant to the Business

Charles Besson of Questel, a sponsor company at the marcus evans IP Law European Summit 2012, on why keeping an eye on all patents relevant to the business is critical. Interview with: Charles Besson, Chief Executive Officer, Questel

FOR IMMEDIATE RELEASE

To ensure that the organisation’s intellectual property (IP) is protected and that no patents are infringed, IP Counsel need to find and watch all of the patents relevant to the business, says Charles Besson, Chief Executive Officer, Questel. “IP assets are key to a company’s success,” he adds.

From a sponsor company at the upcoming marcus evans IP Law European Summit 2012, in Noordwijk, The Netherlands, 23 – 24 April, Besson talks about IP safeguarding and cost/valuation issues about patents.

Why should counsel monitor IP databases? To avoid infringing patents or to identify gaps to exploit?

The first basic need is to avoid infringing a patent. A scientist with an idea should check with the legal department that the idea is not already patented. Otherwise, the company might get sued for infringement. Reversely, the IP Counsel should also make sure that no one is infringing the company’s assets, as their IP is key to their success.

There are many patents and their wording can be blurry. Online IP search services, such as Orbit.com, can be useful for IP Counsel to find and watch all the patents relevant to their business.

What are your criteria for valuating patents?

We cannot give a dollar value of a patent, but we can classify them based on certain rules, which is a first step toward valuation. How many years remain on the maintenance? How extended is the patent? How often is the patent cited? We have several such criteria that our users can customise to build their own evaluation scale, put together relevant patent clusters and view them on a map.

With budgets tighter than before, how could IP Counsel ensure assets are not compromised as a result of budget cuts?

Patents are very expensive to get, maintain and defend. There are alternatives to patenting, such as defensive publication. For a very low cost, anybody can get a prior art on an idea by publishing disclosures. They will not be able to get a patent on the idea later on, but at least no one will be able to patent it. This can be an efficient IP strategy in areas where technology is evolving rapidly. It can also be interesting to cleverly publish “around” a patent you already have to reinforce its protection at a low cost.

Maintenance is another issue. A majority of patents do not have any product behind them and will never have. Nor will they be licensed and probably too many patents are maintained year after year for no reason.

If IP Counsel had tools to valuate patents, they could decide whether they were worth maintaining or not. As patents can be maintained for 20 years, deciding to stop maintaining patents at the very right time would save a company millions of dollars. We believe that the next challenge in the area of patent is valuation and we are investing heavily in this direction.

Contact:
Sarin Kouyoumdjian-Gurunlian
Press Manager
marcus evans, Summits Division
Tel: + 357 22 849 313
Email: press@marcusevanscy.com

About the IP Law European Summit 2012

This unique forum will take place at the Grand Hotel Huis Ter Duin, Noordwijk, The Netherlands, 23 – 24 April 2012. Offering much more than any conference, exhibition or trade show, this exclusive meeting will bring together esteemed industry thought leaders and solution providers to a highly focused and interactive networking event. The Summit includes presentations on managing, valuing and monetising the organisation’s intellectual property assets.

For more information please send an email to info@marcusevanscy.com or visit the event website at www.iplawsummiteurope.com

marcus evans group – legal sector portal

Complementing our Summit format, the Legal Network – marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.

Please note that the Summit is a closed business event and the number of participants strictly limited.

About Questel

Questel has been focusing on its core business, Intellectual Property since its inception in the early 70’s. Known for the largest databases collections in the world, we also offer a wide array of tools for searching, mapping, watching, archiving and sharing information, as well as analyzing and managing IP portfolios. All our services are available from our portal Orbit.com.

www.questel.com

About marcus evans summits

marcus evans Summits are high level business forums for the world’s leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, think tanks, seminars and one-to-one business meetings. For more information, please visit www.marcusevans.com

All rights reserved. The above content may be republished or reproduced – kindly inform us by sending an email to press@marcusevanscy.com