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...
16 February 2021
Patent and Pharma update, February 2021
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector. In this edition we cover an important decision on sufficiency in England & Wales. We also cover several significant updates from the French courts, including two important decisions on...
26 May 2020
Has the Full Court 'Rokt' the boat
Commissioner of Patents v Rokt Pte Ltd  FCAFC 86 is the most recent in a string of decisions by the Full Court of the Federal Court in which the Court has yet again rejected a computer-implemented invention in this instance a digital advertising system and method as patentable subject matter.
12 May 2020
Patent and Pharma Update, May 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this update we welcome our new IP partner in Germany. We have a number of interesting updates from the UK Court of Appeal, including a decision on Arrow declarations, a competition decision...
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...
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...
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...
11 July 2019
Patent and Pharma Update, July 2019
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the implementation of the controversial SPC waiver, as well as a new SPC referral from the Swedish Court of Appeal. We consider a change to the Patents Court Guide...
05 April 2019
Patent and Pharma Update, April 2019
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on the recent UK Supreme Court decision in the tadalafil case, which foreshadows how English courts will probably respond to issues of obviousness arising from patents...
11 December 2018
Patent and Pharma Update, December 2018
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on several ground-breaking decisions from the UK courts on second medical use patents and skinny labels, infringement by equivalents and the possibility of global FRAND...
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...
22 October 2018
France adopts a confidentiality regime for the trade secrets relied upon in (patent) litigation
As part of the French Law on the Protection of Trade Secrets dated 31 July 2018 , French lawmakers have finally adopted a long-awaited array of confidentiality rules covering the trade secrets that are being relied upon in cases that come before civil and commercial courts. Such provision was a...
11 October 2018
Patent and Pharma Update, October 2018
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector The CJEU has provided its preliminary ruling in Teva v Gilead on the meaning of Article 3(a) in the context of a medicinal product composed of several active ingredients. It has also clarified...
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...
09 July 2018
Patent and Pharma Update, July 2018
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector English courts begin to consider the new Doctrine of Equivalents as applied by the Supreme Court in Actavis v Lilly , and continue to accept jurisdiction in complex, cross-border patent...
30 June 2022
Asia-Pacific Competition Law Guide 2022
We are pleased to announce the launch of the sixth edition of Herbert Smith Freehills’ Asia-Pacific Competition Law Guide. Since the previous edition of the guide and in the context of the changes brought about by the COVID-19 pandemic, competition authorities across the Asia-Pacific region have...
29 June 2022
Trust Companies see cyber security as key business risk
Our survey confirms that trust companies continue to see cyber security as a key business risk. This is in line with companies in other areas: in IBM's 25 th edition of "The CEO Study", drawn from interviews with 3,000 CEOs worldwide, CEOs ranked cyber risk as their greatest organisational...
27 June 2022
Australia’s new employee stock ownership plan disclosure exemptions present a stark choice
New reforms designed to expand access to employee equity and reduce red tape by removing disclosure and other regulatory requirements will come into force in October – but the reality is they will present companies with a stark choice when offering equity in Australia to employees.
23 June 2022
Trust Companies Survey 2022: Beneficiary Disputes
Respondents continue to identify Beneficiary Disputes (ie disputes between the trustee and one or more of the beneficiaries) as a significant challenge. However, trustees' primary concerns remain in other areas, with Beneficiary Disputes ranking as the sixth most pressing issue. In this article, we...