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Marks & Clerk in the news: Lessons On Cricket Patent History And IP Protection At UPC

By the 1700s cricket was considered to be the national game of England. At least 20 years before the first test match between England and Australia, English newspapers were advertising patented cricket bats and balls, patented buckle leg guards and all kinds of patented cricket accessories.

On June 1, a momentous and revolutionary change took place in Europe –the Unitary Patent System. This change, which had been at least 74 years in the making, requires inventors around the world to now carefully consider the optimal strategy for their portfolio.

We are delighted to offer Law360 subscribers, the No.1 Legal news source, exclusive access to Susan Bradley’s insightful piece. Susan's piece evaluates how the history of the traditional sport is interwoven with the development of the modern patent system, and how inventors concerned with improving the very English game of cricket are adapting to the change to IP protection at UPC.

‘To date, it appears that several owners of cricket-related patents have chosen to adopt a strategy of “opting-out” from the UPC. This is probably because, although cricket is played in European states such as France, Germany and Italy, it is less popular than it is in England, and so the value of being able to take central infringement action at the UPC across the seventeen member states is outweighed by the risk of central revocation.’


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