Intellectual Property UK

  • April 22, 2024

    Pfizer, Moderna Set To Tee Off Over COVID-19 Vaccine Patents

    A London court is poised to consider Tuesday whether Pfizer infringed patents that Moderna initially pledged to not enforce, marking the first time a court has weighed in on the topic.

  • April 22, 2024

    Abbott Says Rival Can Make Diabetes Tech Without TM Shape

    An Abbott Laboratories unit is defending a 3D trademark it owns over its continuous glucose monitoring devices, arguing that it is the only company offering a device in that distinctive circular shape despite Sinocare Inc. and other rivals' arguments to the contrary.

  • April 22, 2024

    EUIPO Sets Out New Policies For TMs With Morality Woes

    The European Union Intellectual Property Office said Friday it has begun the three-month roll-out for new rules governing morality principles in trademark registration, marking the first time the EU has taken a harmonized approach to the subject.

  • April 22, 2024

    Sandoz Gets Jazz's Cancer Treatment Patent Nixed

    Jazz Pharmaceuticals has lost a patent for fat-based drug preparations to treat cancer after European officials ruled that it wasn't innovative.

  • April 22, 2024

    HR Software Giant Can Fight On To Register 'Standout' TM

    American software giant ADP will have a second chance to attempt to register the word "standout" as a trademark in the European Union, even though the bloc's intellectual property authority decided that the mark failed to meet basic trademark requirements.

  • April 22, 2024

    Kirkland-Led Blackstone Bids $1.2B For Music Biz Hipgnosis

    Private equity firm Blackstone has tabled an enhanced $1.2 billion bid for U.K. music royalties investment company Hipgnosis, countering an offer from U.S. royalties firm Concord Chorus.

  • April 19, 2024

    Royal Mail Accuses Developer Of Copying Postcode Database

    Royal Mail has accused a software developer of using its database of postcode information to set up its own address-finding company.

  • April 19, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.

  • April 19, 2024

    UKIPO Halts Takeoff For Admin-Based Aircraft Docking Patent

    An engineering company cannot protect its aircraft docking invention with a U.K. patent because it is an administrative activity which is outside the realms of patentability, the nation's Intellectual Property Office has ruled.

  • April 19, 2024

    'Oktoberfest' Too Descriptive For Munich To Get TM

    The city of Munich has failed to revive its "Oktoberfest" trademark protections over beer glasses and clothing after a European Union appeals panel ruled that the sign is too descriptive of the festival-inspired style of the goods.

  • April 19, 2024

    5 Questions For Taylor Wessing's Roland Mallinson

    Roland Mallinson had dreamed as a child of becoming an architect, but a teacher set him on a different course, steering him toward the path of civil engineering before he eventually became an intellectual property lawyer.

  • April 18, 2024

    Patent Court Edges Closer To Transparency With Ocado Decision

    The Unified Patent Court gave an early signal this month about its willingness to make proceedings transparent by agreeing to let an outside lawyer see pleadings in a high-profile case, but some lawyers warned that the court had not gone far enough to guarantee openness at the new court.

  • April 18, 2024

    Ericsson Can't Push Lenovo's FRAND Claim Out Of UK

    Swedish telecom Ericsson has failed to force Lenovo's claim over patent licensing terms out of the U.K., as a London judge on Thursday concluded that the English courts are "clearly the most appropriate" forum for the Chinese multinational's case.

  • April 18, 2024

    Dexcom Asks EU Court To Toss Abbott Med Tech Patent

    Medical device maker Dexcom Inc. has asked Europe's patent court to revoke Abbott Diabetes Care Inc.'s patent for glucose monitor screens, firing back at its rival in a sprawling international battle over the technology.

  • April 18, 2024

    Truffle Specialist Can't Protect 'Cipriani Tartufi' TM In EU

    An Italian truffle distributor cannot register his "Cipriani Tartufi" trademark in the European Union because it is too similar to a luxury food specialist's "Cipriani Food" branding, an intellectual property appeals panel in the bloc has ruled.

  • April 17, 2024

    Escobar TM Too Shocking For General Public, EU Court Rules

    A European court refused Wednesday to let cocaine kingpin Pablo Escobar's family trademark his name because of its "highly offensive and shocking" associations with drug trafficking and narcoterrorism.

  • April 17, 2024

    Coinbase Loses EU Appeal To Bloc Rival TM

    Coinbase lost part of its bid Wednesday to stop an Estonian company bearing the same name from registering a trademark, with a European court saying the cryptocurrency platform cannot block the trademark of the Baltic state business for news services, publishing or education.

  • April 17, 2024

    Ireland Pushes Back UPC Ratification Vote

    The Irish government has pushed back the date for a referendum to decide whether it should ratify the agreement to join Europe's Unified Patent Court, citing the need for more public engagement on the matter.

  • April 17, 2024

    Chinese Vape Maker Accuses UK Co. Of Bumming Designs

    A Chinese vape maker has accused a rival of selling products that look identical to its SKE Crystal Bar, infringing its intellectual property by using the "Crystal" name and misrepresenting their vapes to British consumers.

  • April 17, 2024

    Intel Urges Court To Revoke Semiconductor's Chip Patent

    Computer processor giant Intel denied infringing the intellectual property of R2, telling a judge Wednesday that the chip patent that the semiconductor maker is trying to enforce is invalid because it represents developments already known in the industry.

  • April 17, 2024

    Toto's Toilet Patent Flushed Over Obviousness

    A Japanese toilet maker failed to secure a patent for a cleaning device placed above toilet seats, after European officials ruled that a skilled person would have eventually combined previous inventions to make its key features.

  • April 16, 2024

    IBM Gained Most AI Patents By Far In 2023

    IBM obtained more U.S. artificial intelligence patents in 2023 than any other company, with its closest competitors falling behind by more than 300 patents, according to a Harrity Patent Analytics report announced Tuesday.

  • April 16, 2024

    Granta Can't Patent Purported Chemical Composition Checker

    Ansys Granta can't patent a system that it asserted could estimate the chemical composition of products ranging from toys to engines, as European officials have ruled that the system merely carries out math calculations based on prestored information rather than solving a technical problem.

  • April 16, 2024

    Pornhub Owner Makes Fresh Bid To Nix Dish's Patents

    Adult entertainment outfit Pornhub's parent company Aylo has hit U.S. satellite television network Dish with a claim to revoke two of the network's U.K. patents, the latest volley in the international streaming technology patent dispute between the two companies.

  • April 16, 2024

    Semiconductor Maker Accuses Intel Of Infringing Chip Patent

    Semiconductor maker R2 told a London court Tuesday that major tech rival Intel has infringed its computer chip technology, arguing that it has a valid patent over a technology that allows computer processors to avoid voltage spikes.

Expert Analysis

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • Comparing The UK And EU Approaches To AI Regulation

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    While there are significant points of convergence between the recently published U.K. approach to artificial intelligence regulation and the EU AI Act, there is also notable divergence between them, and it appears that the U.K. will remain a less regulatory environment for AI in the foreseeable future, say lawyers at Steptoe.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Patent Plausibility Uncertainty Persists, EPO Petition Shows

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    While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.

  • UMG-TikTok IP Rift Highlights Effective Rights Control Issues

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    Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.

  • Bribery Class Action Ruling May Revive Bifurcated Processes

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    The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.

  • Ocado Appeal Outcome Will Gauge UPC Transparency

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    As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.

  • Businesses Using AI Face Novel Privacy, Cybersecurity Risks

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    Rapid advancements in artificial intelligence are resulting in complex privacy and cybersecurity challenges for businesses, and with the forthcoming EU AI Act and enhancement of existing laws to ensure a high common level of security, key stakeholders should be empowered to manage associated risks, say lawyers at Goodwin.

  • Following The Road Map Toward Quantum Security

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    With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.

  • AI Is Outpacing IP Law Frameworks

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    In Thaler v. Comptroller-General, the U.K. Supreme Court recently ruled that artificial intelligence can't be an inventor, but the discussion on the relationship between AI and intellectual property law is far from over, and it's clear that technology is developing faster than the legal framework, says Stephen Carter at The Intellectual Property Works.

  • New Reduced EPO Fees May Shift Applicant Demographics

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    The upcoming European Patent Office fee reduction scheme, aimed at helping smaller organizations access the patent system, is a positive step that could help shift the applicant demographic, which has typically been dominated by larger businesses, says Annabel Williams at Marks & Clerk.

  • Mitigating And Managing Risks Of AI Use In Private Equity

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    While generative artificial intelligence has the ability to transform private equity firms and their portfolio companies, its deployment brings inherent risks, including those presented by the forthcoming EU AI Act, requiring appropriate risk management strategies, processes and policies to be adopted, says Barry Fishley at Weil.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

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