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16 May 2023
The IP in AI: Does copyright protect AI-generated works?
The increasing use and sophistication of AI systems is resulting in the generation of more sophisticated output, including in the form of images, text and sounds. As the quality of the output of AI systems increases, more questions are being raised as to how this output may be protected by...
30 January 2020
Brexit & IP – status quo for the transition period; changes to come post-transition
From 23.00 on 31 January 2020, the UK will no longer a member state of the EU, although it will be treated as such for the duration of the transition period. From an IP point of view, the status quo will be maintained during the transition period (currently until the end of December 2020). Here we...
04 November 2019
Deepfakes: is seeing still believing?
The BBC thriller The Capture has captured the public’s imagination with its portrayal of the relationship between deepfakes and CCTV evidence, and the serious legal risks associated with this technology. In a recent report published by non-profit research institute Data & Society, deepfakes...
17 October 2019
Unregistered Community Designs - Could a reference to CJEU save London Fashion Week?
Unregistered Community designs ( UCD s) became available in 2002 via the Community Designs Regulation as a new kind of short term protection (3 years) across the EU, aimed at providing protection for designs where either the market was moving too fast for it to be worth registering the design, as...
12 September 2019
ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
The ACCC has issued final Guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act...
08 August 2019
Chequered flag to Ferrari: Competitors back to the drawing boards after Ferrari copyright ruling
In an unprecedented move, the Court of Bologna has acknowledged copyright for the legendary motor car Ferrari 250 GTO. Given that a collector’s 250 GTO recently sold for more than £50 million, it comes as no surprise that Ferrari is keen to keep copycats out of the market.
15 November 2018
Draft Withdrawal Agreement Approved by UK Cabinet – IP and Marketing Authorisation Provisions Summarised
As has been widely reported, the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Draft Withdrawal Agreement ), detailing the arrangements for the UK to leave the EU was agreed by the...
26 September 2018
Brexit “no deal” technical notices published on intellectual property and life sciences sector issues
The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The...
13 June 2018
UKSC judgment in Cartier – who pays for website blocking orders?
In a blow for rights-holders, the UK Supreme Court (UKSC) has today decided that ISPs should not bear the implementation costs for website blocking orders in Cartier International AG and others v British Telecommunications Plc and another  UKSC 28 . Whilst the UKSC has endorsed the...
27 March 2018
UK GOVERNMENT AGREES ELEMENTS OF THE EUROPEAN COMMISSION’S PROPOSALS FOR POST-BREXIT PROTECTION OF EU-WIDE IP RIGHTS IN THE UK
In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights at the end of the transition period post-Brexit (...
27 June 2023
ILS 6th Annual Conference on Energy Arbitration & Dispute Resolution in MEA, hosted by International Law Summits & Herbert Smith Freehills LLP
ILS’s 6th Annual Conference on Energy Arbitration and Dispute Resolution in the Middle East and Africa will take place on 27th and 28th June 2023. The event is organised in association with Herbert Smith Freehills and will take place in person at our London office, and will examine the economic,...
01 June 2023
UPC: Jurisdiction and opt-out
After the transitional period (of at least 7 years), as well as having exclusive jurisdiction over unitary patents, the UPC will have exclusive jurisdiction over all EPs designated to UPC participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC will also...
01 June 2023
The UPC Rules
The final version of the Rules of Procedure of the Unified Patent Court (also available in French and German ) came into force on 1 September 2022. One of the most significant changes from earlier drafts was to opt-out procedures, as well as changes to restrict access to pleadings where previous...
01 June 2023
UPC Structure – local, regional and central divisions and Court of Appeal
The UPC will have a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases will commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPC Agreement and the UPC Rules .
01 June 2023
UPC: Mediation and Arbitration
The Patent Mediation and Arbitration Centre (PMAC) forms part of the Unified Patent Court (UPC). Its rules of operation are available here . It operates independently, but carries out its tasks in close contact and cooperation with the committees/bodies of the UPC which will have to take decisions...
01 June 2023
How to get a Unitary Patent
Also termed the European patent with unitary effect, the unitary patent (UP) is a single patent right covering all the states that have taken part in the enhanced cooperation procedure to create the right and fully ratified the UPC Agreement (UPCA). UPs are available now the UPC is operational to...
01 June 2023
The value of a case before the UPC will be determinative of court fees and the applicable ceilings for recoverable costs. The UPC Administrative Committee has published guidance on the determination of the value of a case before the UPC , alongside guidance on the scale of ceilings for recoverable...