Intellectual Property UK

  • April 12, 2024

    CJEU Grand Chamber To Hear Patent Jurisdiction Referral

    The EU's highest court is set to hear arguments on whether a member state has authority to hear patent invalidity defenses for foreign patents, in a rare instance of a patent referral made to the court's 15-judge grand chamber.

  • April 12, 2024

    US-based MSD Broke Ban On Using 'Merck' In UK, Court Finds

    U.S.-based Merck Sharp & Dohme LLC's use of the "Merck" name on websites and social media breached the terms of a court order barring it from using the name in the U.K. to protect German drugmaker Merck KGaA's rights, a London court ruled Friday.

  • April 12, 2024

    BAT Survives Vape Patent Attack Unsinged

    British American Tobacco defeated a challenge to one of its European vape patents, with officials ruling that it was innovative as previous inventions hadn't thought of obtaining pressure readings with a direct temperature sensor.

  • April 12, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • April 12, 2024

    6 Questions For Steve Howe, Reddie & Grose's New Chairman

    Steve Howe, Reddie & Grose LLP's new chairman, told Law360 that a growing number of clients are turning to the firm for advice on inventions that involve the use of artificial intelligence technology. Here, Howe talks about IP with Law360.

  • April 12, 2024

    Candy Crush Creator Pulverizes Rival's 'Candygame' TM

    The creator of Candy Crush has won its fight to block a rival mobile game developer from registering a "Candygame" trademark, with a European Union patent authority concluding that the rival's brand could take unfair advantage of its fame.

  • April 12, 2024

    Bayer Loses UK Protections For Billion-Dollar Blood Thinner

    A London court on Friday invalidated Bayer AG's patent for its best-selling blood thinner Xarelto, agreeing with an array of generic drugmakers that the German pharmaceutical giant had given away too much information in conference materials about the drug before seeking protections.

  • April 11, 2024

    Plus-Size Clothing Retailer Sues Over Alleged Knockoffs

    A British fashion retailer has accused a London-based garment supplier of selling knockoffs of its "Yours" and "Yours Curve" plus-size women's clothing brands with a "Yours Curvy" line of products.

  • April 11, 2024

    Dolce & Gabbana Gets 'K' TM Despite Kappa Challenge

    Sportswear maker Kappa failed to prove that consumers buying Dolce & Gabbana cosmetics stamped with a "K" trademark would mix up their brands, after European officials ruled that the signs were just too different to create a risk of confusion.

  • April 11, 2024

    Cable Biz Risks Losing Obvious Earthing Nut Patent In UK

    A cable products business is facing losing its electrical earthing nut patent protections in the U.K. after officials ruled that the device's shape and conductivity technology did not provide a sufficient leap from earlier patents.

  • April 18, 2024

    Mishcon Hires IP Pro Angela Fox From Maucher Jenkins

    Mishcon de Reya LLP said Thursday that it has recruited the former head of dispute resolution at Maucher Jenkins to its intellectual property team, boosting its strengths in a full spectrum of trademark, copyright and design matters.

  • April 11, 2024

    AI Music Biz Faces Rocky Road In Record Label IP Dispute

    If U.K. record labels follow through on a threat to sue AI music company Jammable, experts say the country's first copyright claim over music deepfakes could prove harder to defend than other IP disputes over the new technology.

  • April 11, 2024

    Hendrix Bandmates Have No Claim To Copyright, Sony Says

    The U.K. arm of Sony has hit back at the estates of the former bandmates of Jimi Hendrix in their ongoing copyright feud over the group's back catalog, alleging that the pair consented to producers taking control.

  • April 11, 2024

    UPC Allows Access To Ocado Docs On Appeal

    Ocado has failed to persuade the Unified Patent Court's Court of Appeal that it should block a lawyer's third-party request to access pleadings in a now-settled patent suit, further clarifying the new court's stance on transparency.

  • April 10, 2024

    Lights Out For Solar Panel Company's Battle To Revive Design

    Singapore-based solar panel maker Maxeon Solar Pte. Ltd. lost its fight to revive its invalidated panel design Wednesday, with a European Union court ruling that the appearance of its device "lacked individual character."

  • April 10, 2024

    Medical Device Maker Bids To Stop Rival Selling Product

    A Chinese medical device maker urged a London court Wednesday to prevent a U.K. rival from selling its product until the end of its patent infringement claim, arguing that the medical device supplier might undercut its prices.

  • April 10, 2024

    EU Court Revives German Kitchen Biz's 'MH Cuisines' TM Hopes

    A German kitchen specialist can proceed to registering its "MH Cuisines" trademark after persuading a European Union court on Wednesday to overturn an earlier ruling that consumers could confuse the sign with a rival's "MM Cuisines" logo.

  • April 10, 2024

    Petrochem Co. Can't Nix Vagisil Maker's TM For Teens

    Combe International LLC can register the trademark "OMV! By Vagisil" after European officials ruled there was a "profound distance" between its feminine hygiene creams and the petrochemical products sold by a similarly named company.

  • April 10, 2024

    Door Handle Maker Grips Design Victory On Appeal

    A Czech manufacturer won its appeal Wednesday to reinstate design protections for a door handle after a European court ruled that differences in the angles of the grip and neck were significant enough to merit protection.

  • April 10, 2024

    EUIPO Wrongly Skimmed Dairy Biz's 'Rebell' TM, Court Says

    A European Union court has restored a dairy company's "Rebell" protection, ruling on Wednesday that intellectual property officials failed to explain why they narrowed the scope of the trademark for lack of use amid a beef company's protests.

  • April 09, 2024

    Chinese Co. Wants To Nix Abbott's 3D TM For Diabetes Tech

    A group of Chinese companies hit back at Abbott's claims that they copied a 3D trademark for a continuous glucose monitoring device, arguing that the product's features shouldn't be protected in the first place.

  • April 09, 2024

    Canine Toilet Biz City Doggo Bites Back At Rival's TM Claim

    A company that makes grass toilets for dogs has hit back at its competitor, after the rival business accused it of ripping off its natural pee patch featured on the BBC TV show "Dragons' Den."

  • April 16, 2024

    Freeths Hires Murgitroyd Atty As Patents Director

    Freeths LLP has appointed a new director of patents with more than 16 years of experience advising clients such as Nokia and Rolls-Royce, marking the latest addition to the firm's growth strategy.

  • April 09, 2024

    Kigen, Thales Settle Dispute Over SIM Card Standard Patent

    A U.K. tech company and a subsidiary of French electronic giant Thales Group have settled their dispute over fair licensing terms for standard-essential technology used to remotely activate SIM cards in mobile phones.

  • April 09, 2024

    Medical Device Maker Fights Kidney Stone Tech Patent Claim

    A U.K. medical device maker has denied that its bladder stone-removing technology infringes a Chinese rival's patent for a similar-looking product, saying it will continue to put its devices on the market.

Expert Analysis

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Vodafone Decision Highlights Wide Scope Of UK's FDI Rules

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    The U.K. government’s recently imposed conditions required for its approval of Vodafone and Etisalat’s strategic relationship agreement under its National Security and Investment Act jurisdiction, illustrating the significance of the act as an important factor for transactions with a U.K. link, says Matthew Hall at McGuireWoods.

  • What The EU AI Act Could Mean For Patent Law

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    As the EU Artificial Intelligence Act has now been endorsed by all member states, companies and patent owners with interests in the bloc may want to prepare for when the act enters into force, including by considering potential subject matter exclusions, says Terence Broderick at Murgitroyd.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • How AI Inventorship Is Evolving In The UK, EU And US

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    While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.

  • Cos. Should Plan Now For Extensive EU Data Act Obligations

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    The recently enacted EU Data Act imposes wide-ranging requirements across industries and enterprises of all sizes, and with less than 20 months until the provisions begin to apply, businesses planning compliance will need to incorporate significant product changes and revision of contract terms, say Nick Banasevic, Robert Spano and Ciara O'Gara at Gibson Dunn. 

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

  • Acquisition Of AI Tech Poses Challenges For Media Industry

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    The artificial intelligence regulatory landscape is changing quickly, and media and entertainment companies planning to acquire AI technology through a merger, acquisition or licensing deal should be mindful of potential new compliance requirements and AI-specific insurance products, say lawyers at Covington.

  • Cos. Should Weave Metaverse Considerations Into IP Strategy

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    In light of the increasing importance of intellectual property protection in digital contexts, including a growing number of court rulings and recent updates to the classification of digital assets, companies should include the metaverse as part of their trademark strategy to prevent potential infringements, says Gabriele Engels at D Young & Co.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Major EU AI Banking Ruling Will Reverberate Across Sectors

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    Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

  • English Could Be The Future Language Of The UPC

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    While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.

  • Arbitration Remains Attractive For Digital Disputes In 2024

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    Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.

  • US And UK Law Firms Continue Trend Of EU Expansion

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    A broad spectrum of U.S. and U.K. law firms are now seeking fresh opportunities in Europe's fastest growing and constantly evolving sectors by opening offices in strategic locations across the continent, says James Lavan at Buchanan Law.

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