133 results found for:
- (-) Remove Intellectual Property filter Intellectual Property
Sort by
08 August 2022
The UPC Rules
On July 2022 the UPC Rules of Procedure (the Rules) were announced as approved with the amendments from the previous (18 th ) draft (from 2017) being published in tracked changes form . One of the most significant changes was to opt-out procedures, as well as changes to restrict access to pleadings...
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.
20 January 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...
20 January 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...
20 January 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participated in the enhanced cooperation procedure to establish the unitary patent (including the UK which has now withdrawn).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...
20 January 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 .
20 January 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 (...
23 December 2021
Is it game over for computer-implemented inventions in Australia?
The Full Court of the Federal Court of Australia has provided some clarity on assessing whether computer-implemented inventions constitute patentable subject matter, finding that Aristocrat’s patent claims to electronic gaming machines with particular gaming features were not a “manner of...
15 September 2021
Reckitt Benckiser puts a Finish (for now) to competitor’s launch of dishwashing tablets
Businesses launching a new brand in the Australian market need to consider the competitive landscape of existing brands, and the risk of a competitor seeking an urgent interim injunction against them, if they stray too close to an existing registered trade mark.
14 September 2021
Marketing a product as an “alternative” is no answer to trade mark infringement
The Full Court of the Federal Court has found that marketing a product as an “alternative” to a trade-marked brand is no answer to a claim of infringing use as a trade mark. In Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd , 1 Justices Jagot, Lee and Thawley took a broad view of trade...
24 June 2021
FEDERAL COURT OVERTURNS ‘ABSURD’ PATENT OFFICE RULING ON PATENT TERM EXTENSIONS FOR PHARMACEUTICAL SUBSTANCES
The Federal Court has rejected the Australian Patent Office’s historical approach to patent term extension ( PTE ) applications, upholding a challenge brought by two major pharmaceutical companies against an earlier decision of Australia’s Commissioner of Patents.
Loading Results
Loading
Hubs
Recent Articles
11 August 2022
When notification and disclosure collide
A claim under a Directors and Officers liability policy for investigation, defence and settlement costs has ended with the New South Wales Supreme Court 1 allowing some claims but denying others. The decision is a reminder of the importance of robust internal insurance reporting processes, and of...
08 August 2022
The UPC Rules
On July 2022 the UPC Rules of Procedure (the Rules) were announced as approved with the amendments from the previous (18 th ) draft (from 2017) being published in tracked changes form . One of the most significant changes was to opt-out procedures, as well as changes to restrict access to pleadings...
05 August 2022
Australian regulator consults on new operational risk management prudential standard
The Australian Prudential Regulation Authority ( APRA ) has released its consultation on a new cross-industry prudential standard for operational risk management, CPS 230, which proposes to introduce a range of new requirements on APRA-regulated entities for managing operational risk and enhance...
04 August 2022
Another one bites the dust – managing risk in scheme transactions in Australia
A series of public M&A transactions in Australia have recently been called off or renegotiated in light of a changing market and worsening economic conditions, highlighting the need for target companies to carefully consider and protect against deal termination risk.
04 August 2022
Cartel Intel: Interview with Ashley Brickles, Senior Managing Director at FTI Consulting
As part of our quarterly Cartel Intel series, Herbert Smith Freehills' Brussels partner Daniel Vowden sat down with Ashley Brickles, (Senior Managing Director at FTI Consulting) to discuss the latest EMEA cartel developments
03 August 2022
Tax in M&A in the UK and Europe – What you need to know
The third edition of our comprehensive guide to tax in European transactions breaks down the key tactical issues for deal professionals and boards. From transfer taxes, to debt financing, to post-deal disposal issues – our experts chart the EMEA landscape