Intellectual Property UK

  • May 20, 2024

    L'Occitane Blocks Model From Registering Skin Care TM

    L'Occitane has defeated an Italian model's bid to register her "Arboria Skin Care" trademark, with the appeals arm of a European Union intellectual property authority agreeing that the mark could be confused with the French cosmetics company's own "Erborian" brand.

  • May 20, 2024

    EU's Top Court Asked To Weigh HP, Dell Dutch Streaming Row

    Netherlands' top court has asked the European Union's top judicial authority for help in determining if offline copies of streaming content were private copies as HP and Dell fight to avoid fees on their devices to compensate rightsholders.

  • May 20, 2024

    Pharma Cos. Drop Appeal At Top Dutch Court

    The Dutch Supreme Court has rejected a Greek drugmaker's challenge to a decision banning it from marketing its cancer drug outside of Greece after infringing one of Novartis' patents, with the two rivals agreeing the challenge should be dropped.

  • May 20, 2024

    Moderna Fends Off Pfizer's MRNA Patent Challenge

    Moderna has successfully defended a key patent underpinning its COVID-19 vaccine, after rivals Pfizer and BioNTech attempted to convince the European Patent Office that the IP protections should be nixed.

  • May 20, 2024

    Crypto 'Inventor' Used Court As Vehicle For Fraud, Judge Says

    A London court ruled Monday that the man who claimed to be Satoshi Nakamoto in a weekslong trial lied extensively and committed forgery "on a grand scale," finding that the computer scientist had used the courts as a "vehicle for fraud."

  • May 17, 2024

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

    This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.

  • May 17, 2024

    Red Bull Fends Off 'Gives You Wings' TM Challenge

    Red Bull has beaten a challenge to its "Gives You Wings" trademark after the energy drink giant convinced an appellate panel at the European Union Intellectual Property Office that it had genuinely used the trademark to promote the beverage.

  • May 17, 2024

    Drinks Biz Pours Cold Water On Winemaker's 'Pinea' TM Bid

    A Spanish mineral water company has persuaded an appeals panel to block a winemaker from registering its "Pinea" trademark in the European Union, proving that consumers could confuse the logo with its earlier "Pineo" sign.

  • May 17, 2024

    Lufthansa Unit Loses Latest R+, AirPlus EU Trademark Battle

    A Lufthansa unit cannot block a financial consultancy's "R+ Cash Lab" trademark bid based on its set of "AirPlus" trademarks because consumers are unlikely to confuse the two brands despite their sounding similar, a European Union appeals panel has ruled.

  • May 17, 2024

    German Sugar Biz Beats Sinusitis Patent Challenge At EPO

    A German sugar giant has claimed victory in an appeal against a challenge to its patents for the use of a plant fiber to prevent sinusitis, as the board found that the inventions of the challengers differed significantly from its own.

  • May 16, 2024

    Cybercompany Gen Digital Partially Fends Off 'Gen' TM Attack

    Cybersoftware firm Gen Digital partially fought off an attack on its trademark "Gen," but lost the ability to register it for several services after British officials ruled that consumers might overlook the number at the end of tech company Gen25's mark and get confused.

  • May 16, 2024

    Bayer Fights To Overturn Xarelto Blood Thinner Patent Loss

    Pharma giant Bayer AG took its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto to the Court of Appeal on Thursday, saying the lower court was wrong to nix the patent and that it does contain an important inventive step.

  • May 16, 2024

    Luxury Sunglasses Co. Beats 'Akoni' EU TM Challenge

    A Swiss luxury sunglasses company has fought off a jeweler's challenge to its "Akoni" trademark, persuading a European Union appeals panel that consumers would not confuse the sign with its opponent's earlier "Ascoli" branding.

  • May 16, 2024

    TM Liability Ruling A 'Get Out Of Jail Free Card' For Execs

    A ruling by Britain's highest court puts the burden on brand owners to prove that executives at the company knew about any alleged trademark infringement from their business to be sued. This landmark ruling is likely to impede brand owners who are looking to enforce their intellectual property.

  • May 16, 2024

    Recordati Adds New Head Of IP From Zentiva

    Recordati has hired a U.S. lawyer with a decade of experience working in-house at pharma giants Sandoz and Zentiva to take on a newly created role as group head IP counsel. 

  • May 16, 2024

    Romanian Pharma Co. Beats Rival For Cough Syrup TM

    A Romanian pharmaceutical company has fought off a rival's bid to get its cough syrup trademark scrapped by European Union intellectual property officials.

  • May 16, 2024

    EUIPO Didn't Deny Fair Hearing To TM Opponent, Court Says

    An industrial technology company has survived a challenge to its "UC" trademark hopes as an opponent failed to persuade a European Union court that officials had failed to handle his case fairly in earlier proceedings.

  • May 15, 2024

    Justices Mull What Defines A Computer In AI Appeal

    A London appeals court grappled Wednesday with what exactly constitutes a "computer" under patent law, as counsel for an AI company attempted to convince the courts to let be a ruling that held its AI invention is neither a computer nor a program, and therefore patentable.

  • May 15, 2024

    AbbVie Unit Protects 'Juvéderm' Cosmetics TM At EU Court

    An AbbVie unit on Wednesday fought off a challenge to its "Juvéderm" trademark at a European Union court, convincing officials that it did not monopolize the dermal filler brand in bad faith to capitalize on its opponent's earlier use of the brand name in Lebanon.

  • May 15, 2024

    Huawei Loses EPO Bid For Roaming Calls Patent

    Huawei has lost its fight to patent technology for streamlining the process for making international calls, after an appellate board at the European patent authority ruled that the technology did not build on older software.

  • May 15, 2024

    Punk Bassist Nixes 'Slaughter And The Dogs' Band Name TM

    The former bassist of 1970s punk rock band Slaughter and the Dogs has persuaded intellectual property officials to nix his former bandmate's trademark over the group's name, proving that the lead singer could not claim all the benefits of the band's reputation.

  • May 15, 2024

    6 Questions For Sebastian Moore, HSF's IP Head In The UK

    Sebastian Moore, head of the intellectual property practice of Herbert Smith Freehills LLP in the U.K., has told Law360 that he had been keen to make use of his chemistry degree when he decided to become a lawyer specializing in IP.

  • May 15, 2024

    Fashion Execs Not Liable For TM Infringement, Justices Say

    Two executives of a defunct fashion company are not legally responsible for causing their business to commit trademark infringement, Britain's highest court ruled Wednesday, making them exempt from paying back profits from their alleged wrongdoing.

  • May 14, 2024

    Appeals Court Urged To Rule Neural Network Is Not Patentable

    Counsel for the U.K.'s patent authority urged an appeals court to overturn a decision that held a company's recommendation technology could be patented, in a much anticipated appeal that looks to set the groundwork for the scope of protection for "artificial intelligence"-related technology.

  • May 14, 2024

    Electronic Labeling Biz Can't Get Injunction In €2M UPC Battle

    A French electronic labeling company has failed to provisionally bar a Chinese competitor from selling its products amid a €2 million ($2.2 million) patent dispute, as a Unified Patent Court appeals panel was unconvinced that its rival's goods infringe the protected design.

Expert Analysis

  • 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.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Vodafone Decision Highlights Wide Scope Of UK's FDI Rules

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    The U.K. government’s recently imposed conditions required for its approval of Vodafone and Etisalat’s strategic relationship agreement under its National Security and Investment Act jurisdiction, illustrating the significance of the act as an important factor for transactions with a U.K. link, says Matthew Hall at McGuireWoods.

  • What The EU AI Act Could Mean For Patent Law

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    As the EU Artificial Intelligence Act has now been endorsed by all member states, companies and patent owners with interests in the bloc may want to prepare for when the act enters into force, including by considering potential subject matter exclusions, says Terence Broderick at Murgitroyd.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • How AI Inventorship Is Evolving In The UK, EU And US

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    While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.

  • Cos. Should Plan Now For Extensive EU Data Act Obligations

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    The recently enacted EU Data Act imposes wide-ranging requirements across industries and enterprises of all sizes, and with less than 20 months until the provisions begin to apply, businesses planning compliance will need to incorporate significant product changes and revision of contract terms, say Nick Banasevic, Robert Spano and Ciara O'Gara at Gibson Dunn. 

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

  • Acquisition Of AI Tech Poses Challenges For Media Industry

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    The artificial intelligence regulatory landscape is changing quickly, and media and entertainment companies planning to acquire AI technology through a merger, acquisition or licensing deal should be mindful of potential new compliance requirements and AI-specific insurance products, say lawyers at Covington.

  • Cos. Should Weave Metaverse Considerations Into IP Strategy

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    In light of the increasing importance of intellectual property protection in digital contexts, including a growing number of court rulings and recent updates to the classification of digital assets, companies should include the metaverse as part of their trademark strategy to prevent potential infringements, says Gabriele Engels at D Young & Co.

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