The United Kingdom of Great Britain and Northern Ireland

In face of the spread of COVID-19, the UK has recently upgraded a series of response measures, including improving virus detection capabilities, calling on people to "maintain social distance", stepping up the construction of sheltered hospitals, expanding medical teams, and encouraging companies to switch to production of urgently needed medical supplies, such as ventilators.

Intellectual Property Office

●March 25　Source: infojustice.org

The UK Intellectual Property Office (UKIPO) deals with the registration, renewal and challenges to the validity of UK IP rights – trade marks, registered designs and patents.

The UKIPO has confirmed that its services are, to-date, largely unaffected by the outbreak of coronavirus, officially named Covid-19. However, hearings are impacted.。

In a statement, it said: "Aldgate Tower where we undertake tribunal hearings is currently not operational. We will continue to operate hearings via telephone, Skype or other virtual methods. No further physical hearings will be booked or take place until 1 June 2020 (this date will be kept under review). Parties will be contacted over the next few days if their current hearing arrangements need to change."

The declaration supersedes an earlier statement the UKIPO had issued which said that while it is obliged to work within the confines of the relevant legislation – which will differ according to the IP right concerned – it was likely to adopt a sympathetic approach where deadlines have been missed as a result of the pandemic.

Court

●April 1　Source: www.pinsentmasons.com

High Court judge Hacon has confirmed that common law trials cannot be conducted remotely on the predominant basis of written submissions during the coronavirus crisis.

The ruling of Mr Justice Hacon means that the date of an upcoming trial concerning the fair, reasonable and non-discriminatory (FRAND) licensing of patents has been adjourned until October 2020 at the earliest.

Covid-19 guidance from the Lord Chief Justice to the wider judiciary encourages the use of telephone and video to support hearings, with the courts otherwise closed for all but essential cases. Guidance has also been published by HM Courts & Tribunals Services (HMCTS) on how the courts will use telephone and video technology during the Covid-19 outbreak.

Both sets of guidance indicate the willingness of the courts to rise to the challenge and seek to operate as normal as much as possible during the current public health emergency. However, the HMCTS guidance, which has since been updated, noted that “final hearings and hearings with contested evidence will be included within those which will be conducted using technology, although it may be difficult to maintain trials and final hearings in the short term".

In terms of the need for a public hearing, Practice Direction 51Y was signed by the Lord Chancellor on 26 March 2020. Practice Direction 51Y is introduced as a pilot scheme. It ceases to have effect on the date on which the Coronavirus Act 2020 ceases to have effect. It clarifies that the court may direct that the hearing must take place in private where it is necessary to do so to secure the proper administration of justice.

The need for a procedural change appears to be the more significant factor at this time. However, as the judge noted, developments in the courts' approach have been rapid and may go further to allow trials to proceed.

●March 25　Source: infojustice.org

In relation to the courts of England and Wales, Lord Chancellor Robert Buckland issued a statement on the impact on the courts of Covid-19, and a further message has also been posted to judges by the Lord Chief Justice.

Generally it is business as usual in the civil courts where adjustments have been made so that hearings can proceed through the use of telephone, video-links and other technology.

Court staff have been moving towards home working and e-filings are to be accepted by the Business and Property Courts, within which the IP courts sit in England and Wales.

Guidance has been prepared for judges and practitioners on how to conduct remote hearings before civil courts. The guidance addresses the application of Civil Procedure Rules and sets out legal issues that should be considered before remote hearings can commence. The guidance also explains the process of what will happen when a hearing is fixed and provides some further clarity around the preparations parties should complete and how remote hearings will operate.

Further guidance on case management issues, including the application of the Civil Procedure Rules and court-imposed deadlines, as well as how the court should deal with emergency applications is anticipated from the senior judiciary.

The government has published a webpage where the latest guidance can be found on courts and tribunals planning and preparation.