Showing posts with label professional representation. Show all posts
Showing posts with label professional representation. Show all posts

Sunday, 5 June 2011

Representation in court: anyone for some data?

A well-equipped
representative can
attack and defend
I expect that most readers of this blog are far too busy to undertake some research into the quantification of data concerning representation, but it would be good if one or more kind souls could go through the available data -- for example that provided by the UK Intellectual Property Office in the form of posted decisions in hearings on registrability, oppositions, cancellations etc -- and see how frequently the parties are
(i) unrepresented,
(ii) self-represented via an in-house IP department,
(iii) represented by a sole/small practice or
(iv) represented by a big firm. 
 It would be even better if they could check this data against appeals, to see whether, and if so how often, clients retain their original representative at a higher level or change to a bigger/smaller firm, etc.

Is anyone interested in coordinating or participating in such research? If so, do let me know.

Tuesday, 27 May 2008

Will you be able to represent clients in European pat lit?

The EU Council's Document 9124/08, addressing the Working Party on Intellectual Property (Patents), is the grandly-titled Draft Agreement on the European Union Patent Judiciary. This document, which was agreed last week, is 49 pages in length and tackles, among other issues, professional representation before the proposed Community Patent court. It states:
"Article 28: Representation

(1) The parties shall be represented by lawyers authorized to practise before a court of a Contracting Party who may be assisted by a European Patent Attorney, who is a national of a Contracting Party entitled to act as professional representative before the European Patent Office (hereafter: European Patent Attorney), and/or by patent attorneys with proven patent litigation experience.
(2) Notwithstanding paragraph 1, European Patent Attorneys and patent attorneys with proven patent litigation experience who are in possession of a European Union Litigation Certificate may represent the parties in actions for revocation of a patent before the central division.
(3) Representatives of the parties and their assistants shall enjoy the rights and immunities necessary to the independent exercise of their duties.
(4) Representatives of the parties and their assistants shall be obliged not to misrepresent cases or facts before the Court either knowingly or with good reasons to know".
I can foresee problems here for sole and/or occasional practitioners in the field of patent litigation. Thoughts, please?