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THE ADVOCATE The Newspaper of the QMSPBG Since 2004

Monday, 17 September 2012 Talk is cheap and litigation is expensive. INSIDEWelcome from QMSPBG President.........................................2 How to be an “Olympian” law student............3Welcome from QMSPBG Vice-President.................................2 A message from the summer..............................4News Briefs................................................................................. 3 All rise: journal of a first-time juror...................4

Mariana Mancellos

As the recession continuesand profits continue to deteri-orate, companies are gettingmore and more vicious withtheir battle tactics in order topreserve the integrity of anyrights they own, particularlywhere intellectual property isconcerned. After all, behindevery business lays an idea.

This new approachhas been nicknamed ‘trademark bullying’ and seems tobe making a regular appear-ance.

Regardless of a com-pany’s size or scope a trademark is integral to its opera-tion as it protects, differenti-ates and adds value to what abusiness does. The essentialpurpose of a trade mark is toact as a symbol of origin, so inother words, the symbolshould indicate to consumersthat the product was made bythat particular company.

As markets are gettingincreasingly competitive, thecompanies at the top are sub-sequently doing everythingthey can to protect the reputa-

tion of their trade mark.Ding ding! Roll up!

Roll up! Let the battles begin!First up are the heavyweights.

Round 1: Gucci vs. GuessRecently, Italian fashion houseGucci filed an infringementaction against Guess Americaclaiming that Guess had useda similar logo to their trademarked interlocking ‘G’.Gucci even went as far asclaiming $124 million in dam-age and said it was a “studiedimitation” of their infamousdesign.

What Gucci had failedto notice was that Guess hadalso built a reputation of theirown; the only way theywould have succeeded wouldbe if they had brought thissame claim seven years agowhen Guess first launchedtheir product. In addition tothis, Guess fought backagainst the claims with avengeful uppercut by carry-ing out public surveys toshow that their logo was notmisleading to the public.

This was mainly be-cause both brands were tar-

geting their products at differ-ent audiences, but also be-cause they were bothwell-established brands in thefashion industry.

Needless to say, Guccifailed to retaliate and suffereda knockout blow. This re-sulted in Guess being an-nounced the winner whichallowed them to continueusing their logo.

Round 2: Topshop vs. AsosSir Philip Green, billionaire re-tail owner of Arcadia threat-ened to take action against thewell-known online store Asosfor allowing their users toutilise the trade mark ‘Top-shop’ on the Asos Market-place.

The Marketplace is anonline platform, much likeEbay, where users are able tosell old or unwanted items.

Sir Philip Green claimsthat the trade mark ‘Topshop’is being used too frequentlyand that the website gives theimpression that Asos is sellingnew Topshop clothing, de-spite the fact that there is no

PAGE 3

Battle of the brandsDesigners go head-to-head in “trade mark bullying” cases

Territoriality ofpatents withinthe EU: Arestriction forcompetition?

José María Balboa

Even though there is an insti-tutional effort to harmoniseintellectual property rights atthe European level, (includingindustrial property), patentharmonization has not beenachieved.

Patents are “an exclu-sive right granted for an in-vention […]” following theWIPO definition and, in theframework of the Europeanpatent system under the Euro-pean Patent Convention(EPC), where a Europeanpatent is granted by the Euro-pean Patent Office it shall bevalidated in each MemberState where protection is de-sired.

This results in thepatent holder having inde-pendent rights by country, ar-guably resulting in a burdenfor growth and innovation inthe single market. The frag-mentation of the internal mar-ket regarding patents isallowed, in part, by Article 36of the Treaty on the Function-ing of the European Union(TFEU), because of reasons of“protection of industrial prop-erty”, provided that restric-tions to internal market “shallnot constitute a means of arbi-trary discrimination or dis-guised restriction on tradebetween Member States”. Ar-ticle 36 could be a limit for thefree movement of goods be-cause it is difficult to find thelimit when discriminations orrestrictions are arbitrary, beinga constraint for economic de-velopment and growth.

The European Parlia-ment and Council, in the con-text of the internal market andby means of Article 118 TFEU,can adopt legislative meas-ures for the creation of Euro-pean intellectual propertyrights to provide uniform pro

PAGE 4

!Gucci" © CC-BY 2012 TimothyJ http://www.flickr.com/photos/tjc/7728569926/Gucci in Las Vegas

News Briefs

! John Kirby, 29, recentlypleaded guilty to burglaryin a case before TeessideCrown Court claiming hewas told to do so by aliens.In an interview with policeKirby said the aliens toldhim to take food from thehouse to give to the home-less. Kirby was given ayear’s sentence.

! Twentieth Century Foxare facing legal action frominterns over their unpaidwork on major Hollywoodfilms. Fox Searchlight weresued last year for their use ofunpaid interns on award-winning film Black Swan.The interns claim that theircontributions warrant remu-neration in the form of backpayment for their work.Twentieth Century Fox areyet to comment.

! In an exceptionally diffi-cult case the High Courtruled that the life supportmachine of an eight-year-old boy could be switchedoff. Mr Justice Ryder saidthat, “it is now the view ofthe hospital team that thereis no prospect of his heart orlungs recovering and there-fore no hope of survival”.The judge refused to acceptthe religious arguments ofthe boy’s parents that thereremained the possibility ofdivine intervention.

! The Attorney General’sOffice recently revised 117cases after complaints thatsentences were too lenient.A review concluded that in97 of these cases the sen-tences were too soft. Do-minic Grieve, AttorneyGeneral, was eager to high-light that in the majority ofcases, “judges impose sen-tences which are appropri-ate to meet the justice of thecase”.

More News Briefsinside!

ContributorsPhil Mutton

Axel-Charles MoninNylund

José María BalboaKashmira Gander

Mariana MancellosErik Ahlgren

PublishingNicholas Russ

Editor-in-ChiefLauren Stone

The Advocate

THE ADVOCATE

EDITORIAL POLICY: Articles over 900 words may not be accepted (pending on subject-matter).The Editorial Board reserves the right to edit all submissions for length, grammar, and clarity. Viewsillustrated in such submissions are those of the author(s) and not necessarily those of the The Advocateor QMSPBG. All articles must either be submitted in hard-copy bearing a handwritten signaturealong with an electronic version, or be mailed from the author's e-mail account.

Phil MuttonPresident QMSPBG

When I first stood for the VicePresidency of the Pro BonoGroup I made a commitmentto refresh our image, reformour practices and widen thescope of our work.After one year in that positionI am proud of what we haveaccomplished:• We have established stronglinks with legal and ethical or-ganisations across the Com-monwealth of Nations. Thisreflects our faculty’s long-standing international com-mitment to young people.• We have codified the appli-cations process for our com-

mittee based solely on fairnessand merit. Pro Bono nowleads the way in dispellingold suspicions surroundingpersonal friendships groupssecuring positions of respon-sibility.• We have helped tostrengthen the ties betweenour academic team and ourmembers by involving themcollectively in our events andprojects. By working togetherwe achieve more than wewould working separately.

Our measure of suc-cess continues to be the im-pact of our work on those weserve: our members and thewider community. The re-forms outlined above have al-ready brought these groupslong-lasting benefits. I wish to assure you person-ally as President that despitethis progress, the hard workwill not stop here.

In the next twelvemonths the new Vice Presi-dent, Axel-Charles Monin-Nylund, and I will work in acommitted partnership tomove our group forward.

Our contract with youfor 2012-13:1. We will give you a

greater chance to become in-volved in a broader range ofcharities and pro bono work.2. We will establish moreplaces for you on our annualCommonwealth internships.3. We will outline pro-posals to amend our constitu-tion so that it safeguards ourgroup’s independence andautonomy. You will decidethese proposals in a referen-dum.4. We will keep youmore up to date with the op-portunities we offer andstrengthen your voice in thegroup. We will come togetherin a ‘Big Conversation’ to lis-ten to your your views andput them into action.

I would like to presenta big open offer to come andjoin us as we embark on someof the most exciting changesin our group’s history. Fill inyour membership or commit-tee application today andenjoy the benefits of ourgroup tomorrow.

We look forward towelcoming you to the QueenMary Student Pro BonoGroup.

2 NEWS & COMMENT Monday, 17 September 2012

Axel-Charles MoninNylundVice-President QMSPBG

It is with excitement andpleasure that I look upon thisupcoming year. As the newVice-President I will takeevery opportunity I find tostrengthen some of the corevalues of our group: trans-parency, commitment andaccessibility.

I am in the process ofestablishing a brand new web-site (www.qmprobono.org)with the aim of securing atleast two of these values. Itwill include a guide to all ourdepartments, committeemembers, an online version ofThe Advocate and muchmore. Hopefully this will en-sure that any member can ex-plore the functioning of thegroup to a level which wasperhaps not as accessiblebefore.

Our group will bemore open to members whoseek information, pro bonoopportunities and enhance di-versity within these opportu-nities. I understand that everylaw student has differentgoals and interests and it is

our objective to provide some-thing for every member of ourgroup. Our hope is thereforeto establish new placementswith firms focussed on areasof law which we have yet tobe properly involved in. How-ever working within thegroup for a year has shownme that opportunities are farfrom lacking and, thanks tothe Bar Liaison-department,we can ensure that those witha keen interest in the bar mayenjoy the same benefits of thegroup as those who wish togain experience at solicitors’firms.

Working with the probono group for a year has sofar been a tremendous experi-ence. Every single departmenthas worked hard, showingoutstanding commitment andit is thanks to our membersthat we are able to maintainour standing as one of thelargest student groups atQueen Mary.

I am deeply gratefulfor the opportunity I havebeen given and with the helpof Phil Mutton I look forwardto working with you all in tak-ing our group to the nextlevel.

Welcome from QMSBPGPresident

The Advocate is a student-run legal newspaper deliveringup-to-date legal news and comment. Established in 2004and sponsored by the Queen Mary Student Pro BonoGroup, The Advocate provides a platform for students toexpress their views on current legal issues.

If you are interested in writing for The Advocate email yourcontributions to theadvocate.qmspbg@gmail.com.

You can find the latest legal news, comment and past issuesof The Advocate at:

@theadvocatenews

/theadvocatelegalnews

/theadvocatelegalnews

Welcome from QMSPBGVice-President

Note from the EditorDear readers,Welcome to a shortened issue of The Advocate to kick start the new term. We are currently re-cruiting new writers and editors so you can look forward to the next issue being full of evenmore of the latest legal news and comment.Happy reading!Lauren Stone, Editor-in-Chief

Call for submissionsWant to have your say on current legal affairs?

Want to have your work published?

We want to read what you have to say!

The new issue of The Advocate is just around the

corner! We are looking for students, academics and

organisations who are keen on writing a piece for

our issues throughout the year.

Have an idea for an article? Drop us a line at:

theadvocate.qmspbg@gmail.com

‘Pile of newspapers’ © CC-BY 2012 Howard Lake http://www.flickr.com/photos/howardlake/6978066238/http://www.flickr.com/photos/tjc/7728569926/

FRONT PAGE CONT.such agreement between theretailers. His main concern isthat Asos is misrepresentingtheir brand by allowing theirusers to claim that items arenew or originated from hisbrand, when this may not betrue.

Nick Robertson, ChiefExecutive of Asos, states thatthis claim is ridiculous asshoppers often do have newitems they wish to sell and ifthey originate from Topshop,then the only way they areable to convey this informa-tion is if they use the brandname. Robertson himself feelslike there is no issue withusers applying the trade markin this way.

Sir Philip Greenquickly dropped all thethreats with the advice of hislawyers.

Round 3: Hells Angels vs.Alexander McQueenHells Angels are a worldwidemotorcycle club who typicallyride Harley-Davidson motor-cycles and most shockinglyare the proud owners of thetrade marked Winged Death’sHead symbol.

They have brought anaction against designerAlexander McQueen, forusing this symbol on itemssuch as the three fingerknuckle duster, a $1,565 dressand a $560 scarf.

Over the decades thisparticular symbol has ac-quired a widespread publicrecognition and it is said toevoke strong and immediatereactions, which in itself has acommercial value. Hells An-gels’ lawyer has said that if aperson is seen wearing one ofthese rings, a member mightsee them as an imposterwhich could easily evoke a re-

action.A decision has not yet

been made, but it looks likeAlexander McQueen mighthave been too adventurouswith their designs.

No matter how outra-geous these infringementclaims are, it is still difficult tosympathise with these heavyweights that can easily fighttheir corner with their vastamounts of money that willallow them to pay the courtfees.

However, court battlesare becoming less Clash of theTitans and more David versusGoliath. In 2010, Lacostebrought an action against asmall London based boutique,Baker Street Clothing, claim-ing that their word sign “Alli-gator” was too similar to theirrenowned Crocodile symboland that it could easily lead tocustomers assuming that thetwo brands were associated.Surprisingly, it was held thatthis would not lead to any as-sociation and so it was athrilling victory for thesmaller retailer.

Nevertheless, not allof these battles end with a‘happily ever after’. Recentlythe sandwich store franchise,Subway, brought an actionagainst Casey’s GeneralStores, a chain of local conven-ience stores in the USA, be-cause they were using theterm “footlong” to describetheir 12inch sandwiches andhotdogs. Subway successfullymanaged to restrain the use ofthis term and continues tomonopolise the use of whatsome feel is a generic word.

If cases like these suc-ceed, it is not surprising thatlarge franchises and trademark owners continue to uptheir game… but how far willall this go? Bets are on!

THE ADVOCATE

Emma Leask

When Pierre de Coubertinfounded the InternationalOlympic Committee organis-ing the first modern OlympicGames in Athens in 1896, hecould not have envisaged thescale and popularity of theOlympic and ParalympicGames today. London 2012was the most watched na-tional event in television his-tory.

As a nation, we wereweighed down by the worriesof the financial crisis and thewashed out summer. Thenjust as we were losing allsense of positivity, we were anation transformed, from themoment of Danny Boyle’sspectacular Opening Cere-mony. Many people thankedtheir lucky stars they had suc-ceeded in getting a ticket andmade the surprisingly well-oiled journey to the OlympicPark. The rest of us settled inwith the BBC and watchedendless hours of sport rangingfrom the exhilarating 100msprint to women’s boxing.Even the sun decided to makean appearance during thosefew weeks. We were notice-ably cheered by the ‘Olympiceffect’, celebrating the hardwork and talent of the ath-letes.

The organisers of Lon-don 2012 have established anofficial education programmecalled “Get Set” to enable stu-dents of all ages to learn fromthe universal values of theOlympics. De Coubertin feltthese values could be appliednot just to sport, but to educa-tion and society as a whole.The Olympic Values are: re-spect, excellence and friend-ship. Following theestablishment of the Para-lympic Games in 1968, theParalympic Values wereadded to the list: courage, de-termination, inspiration andequality.

How then can thesevalues be applied to your lawstudies to ensure you optimiseyour maximum potential?The first important step is towork hard consistentlythroughout the duration ofthe course. Law is a rigorousintellectual pursuit which re-quires you to put in longhours of reading, researching,mooting, to hone your legalskills ready for the widerworld. We all rememberwatching Mo Farah take gold

in the 10,000m and 5,000mraces. An inspirational figurehe said, “anything is possi-ble…it’s just hard work andgrafting”.

The next key thing isto visualise your goal. WhenTom Daley was nine years oldhe drew a picture of himselfstanding upside down on adiving board with London2012 written in the back-ground. He succeeded inachieving his childhooddream and more, takingbronze in the individual div-ing event. Top athletes talk alot about the power of visual-isation and the power it has todrive you forward and focusyour efforts. Nicola Adams onbeing the first female to wingold for boxing said “I’vewanted this all my life”.

When it comes to yourstudies, you should set outyour key objectives to achievethis academic year and longerterm over the duration of thecourse. These might includeachieving certain grades, pur-suing specific law course op-tions, or broadening your CVto take on extra-curricular ac-tivities for example volunteer-ing for the QMUL Student ProBono Group.

Having the ability tobelieve in yourself and thecourage to capitalise on thatconfidence is what will markyou out as a high flyer. Theworld seemed to hold itsbreath for 9.63 seconds whenUsain Bolt raced the 100m andwon gold, making him thefastest man on earth. When hewent on to take gold in the200m race as well he later de-scribed himself as “a legend”.

Pursuing a career inlaw is a competitive affair. Youneed to be able to confidentlypresent yourself to your peersand perform well in the class

setting. This will stand you ingood stead when you have tointerview for training con-tracts and pupillages andhopefully ensure you stay inyour professor’s mind whens/he writes your reference.

Last but not least, youshould celebrate your suc-cesses such as tackling a fearof public speaking or achiev-ing strong exam results. Tak-ing time to reflect on yourachievements will allow youto visualise the next goal andhow you will achieve it.

The words of JessicaEnnis, the poster girl for Lon-don 2012, on winning gold inthe Heptathlon event reflectthis approach, “I’m going torelax, eat lots of rubbish food,have a few glasses of wineand enjoy this moment”.Sounds good to us Jessica!

The media are alreadyreporting a bursting of theOlympic euphoria that sweptthe nation. No doubt the rainyweather will return and thegloomy global financial pre-dictions.

However I for one in-tend to savour the joy ofwatching London 2012 by ap-plying the Olympic values tomy studies this year and aim-ing for gold.

Emma is a qualified (currentlynon-practicing) solicitor whotrained and worked for threeyears at DLA Piper. She com-pleted her LLB in Law and Amer-ican Legal Studies at theUniversity of East Anglia andUniversity of British Colombia.Emma’s Postgraduate Diplomain Legal Practice was undertakenat Nottingham Law School. Cur-rently, she is studying her LLMin Human Rights at the Univer-sity of London.

NEWS & COMMENT3

London 2012: How to be an “Olympian” law

student

Olympic Flags!Olympics London 2012"© CC-BY 2012 Si B http://www.flickr.com/photos/si_b/7757694640/

NewsBriefs! A man was charged withfive counts of possessing “ex-treme pornography” undersection 63 of the Criminal Jus-tice and Immigration Act2008. Although the jury re-turned a verdict of not guiltythe case has led to debate overthe extent of the state’s in-volvement in the private livesof individuals.

! The trial of AndersBehring Breivik drew to aclose with a Norwegian courtfinding that he is sane and im-posing a 21 year prison sen-tence for terrorism andpre-meditated murder.Breivik killed 77 people, manyof them teenagers, in an actwhich he claimed was in de

fence of the dangers of multi-culturalism. Although Breivikreceived a 21 year sentence,this can be extended so longas he proves to be a threat topublic safety.

! A jury in San Jose, Califor-nia has delivered the latestverdict in the patent battle be-tween technology giantsApple and Samsung. It wasdecided that Samsung had in-deed infringed Apple’spatents and that these patentswere not invalid, as Samsungattempted to counter-claim.This is the latest result in a se-ries of ongoing disputes be-tween the two companies andwill undoubtedly not be thelast.

THE ADVOCATE

Erik Ahlgren

As I write this I am coopedup in a rundown shacksomewhere in the Australianoutback. The house is rightby the railroad tracks at theoutskirts of a town that iseven more dead than the onein which I grew up.

After 39 weeks of LLBI went for a bit of contrast. Asmy eyes sweep across theroom I fail to be amazed. Bynow, are we not all more ac-customed to an interior morereminiscent of a mobile methlab than a law library? Thankyou, Breaking Bad.

After the exams I hadfelt a strong urge to ventureoutdoors. I wanted to spendthe summer standing up,

using my body for once. Re-vision is unhealthy, and Ineeded a cure.

I went to work in adesolate part of France. Forblissful weeks the impact ofMexfield Housing Co-opera-tive ltd v Berrisford was con-templated by me alone andat my own leisurely pace. Noneed to wear a tie, or indeedany garment, save for per-haps my swim shorts.

But now as onlyweeks remain until I am onceagain launched into the mid-dle of the action I am filledwith excited anticipation. I cherish the memories of lastyear.

Being a fresher atQMUL becomes what youmake of it and I feel that I did

not completely waste theyear. There was that one timewhen I crashed the House ofLords. Baroness Jay patientlyexplained that despite my in-sistence I was not allowed to“chillax” in that particularcommittee room at that par-ticular time. How to get pastthe guards with machineguns? Wear a suit and rantabout the Judicial Appoint-ments process.

I also much enjoyedthose rare visits of true legaleminences. Unfortunately,we did not to my knowledgesee a Supreme Court Justicein Mile End last year. It is astanding joke around the de-partment that these men (andwoman) that we have cometo adore, did not reach such

respectable age by frequent-ing our neighbourhood. Ban-ter aside; in my sincereopinion our neck of thewoods is not unsafe, maybe.

Talking like a lawyeris another thing you get ac-customed to and start to misswhen you are away from it.You could however find thatthis may or may not annoyfriends which I am not neces-sarily claiming that you have. Yes, I am excited about re-turning. So go ahead, takesome inspiration from thissummery message from theother side of the globe,where, in fact it is winter.And be reminded, that lawschool in the big city is ex-actly where you want to be.

4 COMMENT Monday, 17 September 2012

Kashmira Gander

When I sat in the courtroomon the unwelcoming, harddark green seats in HoveCrown Court, it was the sec-ond time I had been calledinto court. It was the begin-ning of my second week ofjury service and I was feelingrather deflated. I’d waitedaround for days in the de-pressing grey of the jury wait-ing room, awkwardlypretending to read a book butreally peeking up over thepages to sneak a look at theother people I’d soon be delib-erating and ultimately decid-ing the fate of a defendantwith.

I had previously beencalled into the courtroom onlyto not be accepted into thefinal group of twelve jurorsand endured the excitement ofwatching all the other jurorsswear their oaths, seeing thedefendant in the dock andteasingly hearing the accusa-tion against her only to bewhisked out before the casebegan. This was preceded bya trip to court each day to betold that I wasn’t needed theneither. My initial fears of beinga juror were becoming distantand certainly weren’t the deepnagging they were before Istarted.

I had heard horror sto-ries from a friend who wasdisturbed by graphic evidencecoldly describing brutal mur-der. I am someone who re-fuses to sit through CrimeWatch because the one time Idid means I can’t walk homefrom the bus stop withoutchecking over my shoulderfor potential kidnappers. Juryservice seemed daunting andwasted on a dreamy EnglishLiterature student sur-

rounded by soon to belawyers and criminologists.But by now saying ‘Ooh, Ihope we don’t get a murder’had gone from a seriousworry to just a joking conver-sation starter in the jury wait-ing room.

Finally, I was in thecourtroom again, my namewas called and I creaked upoff the bench and tri-umphantly walked up to thejurors seating area to be swornin. I took a brief glance at thedefendant and decided with-out hesitation that he was anaccountant being tried fortweaking some books, orsomething equally tedious.The judge assuring us that hisholiday was on the Friday ofthat week and that we’d defi-nitely be out within three daysconfirming my prediction.

Everything about himbehind the glass of the dockseemed beige and ordinary.His suit, gently straining overhis belly. His jowly, droopingface blending into his clothingand his dotted eyes like roundfull stops on his face wereemotionless and staring. Hisgrey hair and glasses added tohis almost cartoon characterlike expression, an exact, al-most illustrated mix betweenmild discomfort and confu-sion. It all pointed to a pedes-trian case. No murderers here. Up until then my time hadbeen jovial. Jurors broke theinitial silence and began talk-ing to each other and we’dplay Jenga or a maimed ver-sion of Buckaroo. We’d jokeabout various ways that wecould ironically get arrested,like falling asleep on the busand sleep-talking the entiretyof the case so everyone couldhear. We’d all forgotten theseverity of our role as an im-

portant part of our democraticjudicial system. Nothing high-lighted my flippancy morethan what was to follow.

Instead of the ex-pected accusations of fraudwere twenty-eight counts ofchild molestation, specimencases by the age of the victimbecause the abuse was so fre-quent. It was inflicted uponthe defendant’s granddaugh-ter from when she was eightuntil fourteen when she fi-nally confided in a friend afterself-harming.

I felt my eyes widenwith shock and my stomachchurn. The atmosphere in thecourt immediately changedand all the jolly thoughts of re-turning to our games and

when everyonewould stop wasting ourbloody time vanished. A few things struck me mostabout my time as a juror andthe days that followed. Themost important and unex-pected part was how inspiringit was. The victim was inde-scribably brave and puts theemotions I felt during thecase, of which there weremany, completely and utterlyto shame.

She was now sixteenand stood in the witness box,comfortably dressed in a t-shirt that read ‘Tweet Me’.That touch of normality itselfreaffirming my faith in hu-manity that someone who hadbeen through such horrorswas able to continue, to notcompletely shut down. Moststriking of all was her courageto stand up in court, withoutdrawing the curtain whichcould have shielded her facefrom her incestuous grandfa-ther. She answered questionsfrom the prosecution delvinginto the most intimate acts

that can be performed be-tween humans done in themost disturbing of circum-stances without a quiver inher voice. It was unbelievableand I felt embarrassed whenthe court was called for abreak and I uncontrollablybroke into tears as we walkedout into the corridor, hidingmy shaking so the defendantwouldn’t see he had affectedone of us

The behaviour of thejudge and the barristers wasalso fascinating for someonewith little experience of thelegal system. After days ofwatching the prosecution andthe judge deal gently with theyoung girl and her brave fa-ther, and describe truly hor-rific acts in cold, detachedlanguage their manner withthe defendant was stark incomparison. At one heatedpoint the defendant pleadedhe didn’t do certain acts, thathappened to incur a longersentence, because hewouldn’t be able to forgivehimself if he had done those,he knew there was a line. Thejudge exasperatedly askedhim if that meant he couldforgive himself for all theother atrocious things he haddone, leaving the defendantstuttering.

I couldn’t help but feelutterly disturbed, and angerand disgust like I’ve neverknown, as if I’d never quitefeel back to normal, but alsoblown away by the strengthof others. I always remem-bered that any pain that I feltafter during the case wascompletely and utterly in-significant in comparison tothat of the family that hadbeen changed forever. Wefound the defendant guilty.

FRONT PAGE CONT.tection of intellectual propertyrights.

In this context, the Eu-ropean Parliament and theCouncil in 2011 launched,(without the support of Spainand Italy because of linguisticdisagreements), a ‘Proposalfor a Regulation implement-ing enhanced cooperation inthe area of the creation of uni-tary patent protection’ [Brus-sels, 13.4.2011, COM (2011)215 final, 2011/0093 (COD)]and a ‘Proposal for Regula-tion implementing enhancedcooperation in the area of thecreation of unitary patent pro-tection with regard to the ap-plicable translationarrangements’ [Brussels,13.4.2011, COM (2011) 216final, 2011/0094 (CNS)].

These Proposals pro-vide an appropriate commonlegal framework, not to re-place the existing nationaland European systems, but tostand alongside them basedon unitary effect and equalprotection for patents withinthe participating MemberStates territory. This has theeffect of making the Europeanpatent system simple even forlitigation, cost-effective, andresulting on one-step processand a stronger system withlegal certainty, enhancingcompetitiveness of the Euro-pean Union.

On the 29th June theEuropean Council concludedthe negotiations regarding theunitary patent system. TheEuropean Parliament shallvote the unitary patent pro-posals and afterwards theCouncil will adopt the tworegulations; likewise it is ex-pected that Member Stateswill sign the Unified PatentCourt agreement before theend of 2012.

After ratification byMember States these regula-tion proposals will enter intoforce at the same time for2014.

José María is a Legal and Busi-ness Consultant at EVERIS(Spain), focused on legal and eth-ical advice for R&D national andinternational projects. Prior tojoining Everis, José Maríaworked at Clifford Chance astrainee of the Real Estate Depart-ment. José María holds a Bache-lors and Masters Degree in Lawand Business Administrationfrom the Universidad Autónomade Madrid (Spain) and the Uni-versité de Fribourg (Switzer-land), completing his studieswith a Postgraduate Course inCorporate Legal Advice at theEscuela de Práctica Jurídica ofthe Universidad Complutense deMadrid.

All rise: journal of a first-time juror

A message from the summer