Intellectual Property

• ICX Helps Identify Legal Uncertainties of Solvency II Directive through Financial Markets Law Committee Pape

  09/23/2013

  Irving, Carlson & Xavier LLP (ICX), a leading counsellor to global financial institutions and corporations, contributed to the Financial Markets Law Committee’s (“FMLC”) June 2013 paper, Discussion of legal uncertainties arising from the Solvency II Directive, which identifies issues of legal uncertainty in the provisions of the Solvency II Directive and how they might be addressed. The Directive 2009/138/EC aims to harmonize European insurance regulation, primarily the capital that companies must hold. The Solvency II Directive was supposed to become effective from January 1, 2014, however delays until 2016 are being suggested.

• Attorney-Client Privilege When Using a Patent Agent

  05/20/2013

  Hiring patent agents—persons who do not hold a license to practice law but are licensed to practice in front of the United States Patent and Trademark Office (USPTO)—can be an attractive alternative to more costly patent attorneys. Typically, patent agents can have all of the experience and skills necessary to prosecute patents at the USPTO, but often work at discounted rates in comparison to their attorney brethren. Thus, as companies continue to strive toward lean operation, patent agent hiring may increase. This practice, however, is not without risk. Notably, and as addressed in this article, attorney-client privilege may not attach to patent agent work, even when that work is solely related to representation at the USPTO.