Intellectual Property UK

  • 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.

  • May 14, 2024

    F1's EU TM Still In The Race After Partial Appeal Win

    Formula One can revive a trademark over its name for retail services that previous examiners had nixed, after European officials found that the racing group had genuinely used the mark for a required five-year period.

  • May 14, 2024

    Chinese Vacuum Maker Loses Appeal Over TM Registration

    A Chinese vacuum cleaner maker has failed to beat a European Union ruling to register a trademark for the name "Tineco," as an appeals board found that consumers might confuse it with a competitor's mark.

  • May 14, 2024

    ATM Network Accuses Stripe Of Infringing 'Link' TMs

    The main ATM network in the U.K. has accused Stripe of infringing its trademarks and hijacking its reputation by providing a payments system under the "Link" name, telling a court that consumers associate this branding with the cash machine system in Britain.

  • May 13, 2024

    US Med Tech Co. Can't Get 'EvenFlow' IP

    A U.S. medical technology company could not convince the Board of Appeal at the European Union Intellectual Property Office to overturn a decision denying its trademark application for "EvenFlow," after the appellate board held that the application lacked distinctive character.

  • May 13, 2024

    Clothing Co. Blames Businessman In Knockoff Garment Fight

    A London-based garment supplier has responded to accusations that it sold knockoff "Yours" and "Yours Curve" plus-size clothing, telling a London court that a businessman it dealt with was responsible for supplying allegedly infringing items.

  • May 13, 2024

    EU Geographic IP Checklist For Agri Products Goes Live

    New EU rules for geographical indications covering agricultural products, wines and spirits came into force on Monday, strengthening the bloc's IP governance over products that come from specific regions, with the best-known being Champagne.

  • May 13, 2024

    EasyGroup Sues Vehicle Rental Co. Over 'EasyHire' TM

    EasyGroup has hit English car and van rental business Easihire with a trademark infringement claim, arguing that customers are likely to confuse Easihire with its own easyHire brand.

  • May 13, 2024

    Kanye West's Label Settles Royalty Fight Over 'Power' Sample

    Kanye West's record label settled a royalty spat with King Crimson on Monday after the progressive rock band sued in London, claiming that it had been underpaid for a sample used by the U.S. rapper in his 2010 hit "Power."

  • May 10, 2024

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

    The past week in London has seen Playtech file an intellectual property claim against online casino company OnAir Entertainment amid allegations of corporate spying, a broadcast equipment company sue its former owner amid allegations he conspired to inflate a customer’s finances, and aerospace company Vertical Aerospace hit a manufacturer with a claim following a test flight crash. Here, Law360 looks at these and other new claims in the U.K.

  • May 10, 2024

    Kao Beats P&G's Objections To Hair Conditioning Patent

    Procter & Gamble failed to foil a Japanese cosmetics brand's bid to patent a hair conditioning treatment, after European officials ruled that amendments made to the invention did not try to sneak in new material.

  • May 10, 2024

    Ford Gets Shanghai Co.'s 'Mustang' TM Scrapped

    Ford Motor Co. has persuaded an appellate board at Europe's intellectual property office to toss a Chinese company's "Mustang" trademark for technology for charging electric vehicles, after the board found that there was significant overlap in the two companies' target consumers.

  • May 10, 2024

    Monster Energy Beats K-Pop Girl Band's European TM Bid

    Monster Energy has partially defeated a Korean entertainment company's bid to register a European trademark for "Babymonsters," after an intellectual property appellate panel ruled that the public might assume its products were connected to the energy drink.

  • May 10, 2024

    Ireland UPC Delay Risks Undermining Its Influence At Court

    Ireland's decision to delay a constitutional referendum to officially join Europe's unitary patent system amid concerns about lack of public engagement could leave Dublin without a hand in shaping the burgeoning court if it doesn't reschedule the vote soon, patent lawyers warn.

Expert Analysis

  • 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.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

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