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06 December 2022
Red card or fair play? Ambush marketing back in the news as FIFA World Cup kicks off
Ambush marketing can be an impactful, but legally risky, advertising strategy. Businesses that are the subject of, or otherwise engaging in, ambush marketing should consider potential infringement of the target brand’s intellectual property rights.
05 December 2022
UPC: Jurisdiction and "opt-out"
Once the Unified Patent Court (UPC) comes into effect, and after the transitional period of 7 years (at least), the court system will have exclusive jurisdiction over UPs and all EPs designated to participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC...
05 December 2022
WHICH STATES ARE IN THE UPC & WHERE WILL A UP HAVE EFFECT?
26 EU Member States participated in the enhanced cooperation procedure to establish the unitary patent (including the UK which has now withdrawn). However unless these states have also ratified the Unified Patent Court Agreement (UPCA) then the unitary patent (UP) will not be effective in their...
05 December 2022
The UPC Rules
On July 2022 the UPC Rules of Procedure (the Rules) were announced as approved with the amendments from the previous (18th) draft from 2017 being published in tracked changes form. A consolidated final version of the Rules of Procedure of the Unified Patent Court (also available in French and...
05 December 2022
UPC Structure – local, regional and central divisions
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 .
11 October 2022
How to get a Unitary Patent
Enhanced cooperation under Regulation 1257/2012 of 17 December 2012 implementing enhanced cooperation in the area of unitary patent protection was used to establish the unitary patent (UP). Also termed the European patent with unitary effect, the UP will be a single patent right covering all the...
11 October 2022
UPC: Costs and Fees
Following a lengthy consultation, the Preparatory Committee for the Unified Patent Court (UPC) published its Rules on Court fees and recoverable costs ( the Rules ) along with Guidelines for the determination of value–based Court fees and the ceiling of recoverable costs of the successful party (...
06 October 2022
Near enough is good enough: Full Federal Court of Australia revisits construction of “about” in patent claim
In the area of patent law, clarity is king. Where precision of language is essential for defining the limits and scope of legal rights, the acceptance within Australia of unbounded terms such as “about” in patent claims (unlike other major jurisdictions such as Europe) seems almost anomalous.
09 September 2022
Henkel washes away Reckitt Benckiser trade marks and interim injunction in dishwasher product stoush
The Federal Court has recently published its decision following the first instance trial on the merits in the ongoing stoush between Reckitt Benckiser ( RB ) (manufacturer of FINISH dishwasher products) and Henkel (manufacturer of SOMAT dishwasher products).
24 August 2022
High Court gamble does not pay out for computer-implemented inventions in Australia
The High Court of Australia has delivered an equal-split judgment on the question of patentability of computer-implemented inventions. As a result, an appeal from a decision of the Full Court of the Federal Court of Australia, 1 which found that Aristocrat’s patent claims to electronic gaming...
05 May 2022
Disputes in the technology industry: Q&A for Practical Law (UK)
Our technology disputes practitioners have recently published a Q&A in Practical Law on Disputes in the Technology Industry (see here for subscribers and here for a pdf) covering all aspects of disputes in the sector including current and future trends
27 April 2022
To register or not...? State of Escape decision reinforces value of design registration over attempts to rely on copyright
For designers and manufacturers launching new products, registered designs are the most appropriate means of protecting the design of, or embodied in, those products. A recent appeal court decision reinforces that, in the absence of a registered design, attempts to establish copyright in these...
25 March 2022
First things first: Full Federal Court clarifies the law on patent term extensions
Last week, a Full Court of the Federal Court of Australia handed down two unanimous decisions on appeal, clearing up some key uncertainties in the application of Australia’s patent term extension (PTE) regime.
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25 January 2023
M&A STANDPOINT: Formal sale processes: A useful tool to solicit offers or a last resort?
FSPs were created to encourage a competitive and confidential sale process under the Takeover Code, but often they may signal that a company has run out of options. However, a number of companies have elected to launch FSPs in recent months, so when is an FSP is the right choice for a company?
24 January 2023
Global M&A Outlook 2023: Automotive Electric and digital revolutions still drive M&A
The automotive sector is currently experiencing two inflection points at the same time: an electric vehicle revolution, as the industry transitions from the internal combustion engine (ICE) to zero emission vehicles (ZEV) including battery electric vehicles (BEV) as part of the wider...
24 January 2023
Global M&A Outlook 2023: Consumer 2022 was a challenging year compared to 2021
M&A in the consumer sector slowed throughout 2022 as compared to the buoyant trends in 2021. Macro-economic issues and global headwinds have meant a tougher environment for consumers, particularly with record-breaking inflation adding to the cost of living and turning the screws on household...
23 January 2023
How hard is it? The Takeover’s Panel consults on guidance for exclusivity granted at the non-binding bid stage
Following two Takeovers Panel decisions that found pre-deal exclusivity and other deal protection arrangements to be unacceptable, the Takeovers Panel has now commenced consultation on proposed new guidance on deal protection granted in respect of non-binding proposals. Most importantly, the...
19 January 2023
Register of overseas entities - the countdown is on
The countdown for overseas owners of property in the UK to comply with the tightened register regime following the government's clampdown on economic crime is nearing its conclusion, with less than two weeks to go until the deadline for the submission of applications to Companies House (31 January...
16 January 2023
Corporate Governance snapshot: Preparing your annual report and AGM notice in 2023
This snapshot summarises the key developments and issues arising over the last 12 months which impact the 2022 annual report and the AGM in 2023. For further information or to obtain a copy of our briefing on preparing your annual report and AGM notice in 2023, please email one of the Corporate...