Thursday update...

From France (via the BBC's website) reaches us the news that the French National Assembly has today rejected to adopt the 'HADOPI' legislation by a 21 to 15 vote . The controversial new law would have would cut off the internet access of copyright infringing illegal down loaders (also see the IPKat's earlier post here). It appears that an amended version of the HADOPI loi will now go before the French parliament in the next few weeks.

To read the French National Assembly's decision, please click here.


The IPKat has received numerous e-mails after posting information on the 'The Patents, Trade Marks and Designs (Address for Service) Rules 2009 (SI 2009/546)', which came into force on 6 April 2009 (see the IPKat's earlier post here).

A closer look at the "Policy background" chapter of the explanatory memorandum reveals the motivation behind the new rules - and will hopefully reassure some of our readers:

"The ... aim of these changes is to avoid the existing Rules being referred to the European Court of Justice by the European Commission. The Commission has expressed the opinion that the current rules limiting choice to a UK address amount to a restriction of the freedom to provide services as enshrined in Article 49 of the EC Treaty. The Commission has argued that, by not allowing a trade mark agent legally established in another member state to temporarily provide services in the United Kingdom unless he or she has an address in the UK for the purposes of notifying documents, the existing rules are in conflict with Article 49, which gives service providers based in one EU Member State the freedom to provide services in another. Challenges to similar legislation in other EU Member States before the European Court of Justice have been successful and have led to such restrictions being removed."

New 'Address for Service Rules'

The IPKat almost forgot to mention that 'The Patents, Trade Marks and Designs (Address for Service) Rules 2009 (SI 2009/546)' have come into force on 6 April 2009. As a result applicants and any person commencing or opposing proceedings before the comptroller or registrar will be able to provide an address for service anywhere in the European Economic Area (EEA) or the Channel Islands.

Left: this address for service is based in the UK (picture taken from Mail Order Moggies)

On its website the UK IPO helpfully explains that


"... the changes will:

• Give individuals and businesses the choice of using patent and trade mark attorneys based anywhere in the EEA or the Channel Islands.


• Make it easier for individuals and businesses to use the same address for service when dealing with multiple national offices in Europe."

Before the introduction of new 'Address for Service rules', it has been necessary for a party involved in inter-partes proceedings to provide an address for service in the UK. The new rules remove this restriction; all parties will be able to use an address for service anywhere in the UK, as well as in any other country in the EEA or the Channel Islands.

To read the 'The Patents, Trade Marks and Designs (Address for Service) Rules 2009', please click here. The explanatory memorandom can be found here.

Merpel likes the idea of 'freedom to provide cross-border services' but wonders what the long term implications of the new rules could be.... Tufty is slightly bemused by these news and wonders whether any other European or EEA jurisdiction have introduced similar rules. Do our readers know?