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24 March 2020
COVID-19: People: Five practical steps to managing your cyber security risk during a crisis (Global)
The COVID-19 pandemic has created a range of unexpected technology, intellectual property and data related challenges for all businesses. Organisations are doing everything they can to face these risks head on while maintaining business continuity. The security of organisations’ networks and their...
18 March 2020
COVID-19 People: Short guide for employers (Australia)
The COVID-19 virus is new, rapidly evolving and having a major impact on workplaces. The virus is giving rise to multitude of employment and safety-related questions in a context which has not previously been contemplated, on topics ranging from an employer’s payment obligations and dealing with...
10 February 2020
Patent and Pharma Update, February 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the Supreme Court decision of Shanks v Unilever on employee inventor compensation. We update on two CJEU decisions relation to public access to documents submitted...
07 February 2020
Fighting for a consumer-friendly market: stricter rules in the EU
A spate of high-profile cases across the EU has brought the spotlight firmly on how to combat unfair commercial practices and increase consumer protection. The European Commission has been focussing on how to increase consumer protection and reinforce the EU's reputation for being a high quality,...
06 February 2020
ECJ rules for the first time on “pay-for-delay” agreements
On 30 January 2020 the European Court of Justice (“ ECJ ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of...
05 February 2020
Open Innovation: Collaborate to Innovate
Innovation that happens in an "open" collaborative context – either internally or with external partners - can provide faster, better, more holistic results to accelerate innovation and improve competitive advantage, concludes our new report: Open Innovation: Collaborate to Innovate , based on "...
08 January 2020
Open Innovation: Data issues in innovation and collaborations
Businesses in every sector are under pressure to innovate to stay ahead of the competition. ‘’Open innovation’’ is a term that has come to describe innovation which extends beyond the traditional Research and Development department of a business and embraces a broader pool of talent and ideas...
22 October 2019
Full Federal Court warns infringers: Australian IP owners entitled to broad injunctions
It can be difficult for patent owners to decide whether to pursue litigation against infringers without a clear idea of whether the remedies likely to be awarded will properly vindicate and protect their rights. A recent Full Federal Court decision clarifies the Australian position.
22 October 2019
Patent and Pharma Update, October 2019
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we provide updates from the CJEU on SPCs: in one case the CJEU has declined to consider a referral from the UK while in another the Advocate General has issued his opinion on the...
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...
01 October 2019
Open Innovation: Getting the IP right in collaborations
In our recent report on our clients’ perspectives on managing innovation in their organisations “ Open Innovation: Collaborate To Innovate ” we shared our insights into the world of open collaboration assisted by contributions from a wide range of our clients. As part of our analysis we highlighted...
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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
03 April 2020
COVID-19: Posible impacto jurídico (últimas novedades) (España)
En los últimos días se ha publicado nueva normativa para hacer frente a la crisis sanitaria provocada por el COVID-19. Analizamos a continuación, los impactos más relevantes de las medidas que se incluyen fundamentalmente en el Real Decreto-ley 11/2020, de 31 de marzo, por el que se adoptan medidas...
03 April 2020
COVID-19: People: Flexibility provisions in Modern Awards (Australia)
Over the past week, the Fair Work Commission ( FWC ) has made determinations to vary the Clerks – Private Sector Award 2010 (the Clerks Award ), the Hospitality Industry (General) Award 2010 (the Hospitality Award ) and the Restaurant Industry Award 2010 (the Restaurant Industry Award ), to address...
03 April 2020
COVID-19: People: Temporary amendments to Modern Awards concerning leave entitlements (Australia)
The Fair Work Commission ( FWC ) announced that it proposes to temporarily vary 103 modern awards to: provide all employees (including full-time, part-time and casual employees) with a new entitlement of up to 2 weeks’ unpaid pandemic leave; and provide for employees, by agreement with their...
03 April 2020
COVID-19: Pressure points: German Start-Up Liquidity Programme 2020 (Germany)
On 31 March 2020, the German Federal Government (through the German Federal Ministry of Finance and the German Federal Ministry of Economy and Energy) has announced to provide further liquidity measures in light of the ongoing COVID-19 crisis, this time specifically tailor-made and shaped to...
02 April 2020
Covid-19: Pressure Points: Listed Closed-Ended Investment Funds (UK) - updated 2 April 2020
The spread of COVID-19 has unsettled financial markets over the last few weeks. Against this backdrop, it is also important to recognise the differing impact of the pandemic on different sectors and market players.
02 April 2020
COVID-19: Pressure Points: Contractual Implications and Considerations under New York law (United States)
As the COVID-19 outbreak keeps impacting contractual performance, an increasing number of counterparties are seeking ways to avoid contractual liability for non-performance. Parties with contracts governed by New York law should consider a number of issues before attempting to excuse performance...
02 April 2020
COVID-19: People: Handling COVID-19 related health information (Australia)
The COVID-19 pandemic has led to information gathering and sharing that has, up until now, not been contemplated by many Australian organisations. Businesses are dedicating resources to implement essential measures aimed at responding to COVID-19 and protecting the health of their personnel and...
02 April 2020
COVID-19: People: ADGM issues new COVID-19 circular regarding employees - 5 key points (Abu Dhabi)
The Abu Dhabi Global Market (“ ADGM ”) is an economic freezone located in Abu Dhabi, with its own set of civil laws based on the law of England & Wales. The ADGM’s Registration Authority (“ RA ”) issued Registration Authority Circular No. 14 of 2020 on 29 March 2020 (“ Circular ”), its most...
