Digital assets: Law Commission consults on private international law issues and draft legislation recognising a third category of personal property rights

On 22 February 2024, the Law Commission published two documents relating to digital assets: (i) a call for evidence on private international law issues relating to digital assets and electronic trade documents; and (ii) a consultation on draft legislation to confirm the existence of a third category of personal property for assets such as crypto-tokens. … Read more

Regulating AI: Two steps forward for the UK as pro-innovation approach remains

Following landmark developments in 2023, the international spotlight remains firmly on AI regulation as we enter into 2024. The last few days alone have not only seen the COREPER Ambassador’s agreement on the EU AI Act, but also the long-awaited Government response to its AI Regulation White Paper released yesterday (“Response“) and the House of … Read more

UK Government should deal definitively with copyright issues on LLM/GenAI training data whilst adopting a positive vision for LLMs to ensure UK does not miss “AI goldrush” – recommends House of Lords Committee

The House of Lords Communications and Digital Committee issued its report  "Large language models and generative AI" today (2 February 2024). The Committee concluded that the "goldrush" opportunity that AI presents requires the UK Government to adopt a more positive vision for LLM's in order "to reap the social and economic benefits, and enable the UK to compete globally". The report sets out 10 core recommendations "to steer the UK toward a positive outcome" including measures that might resolve copyright disputes of training data. Here we look at the copyright recommendations specifically. Read more

With the Headquarters Agreement for the Milan seat concluded, we look at the role of the UPC central division

As the Headquarters Agreement for the Milan seat of the Unified Patent Court's central division is signed, confirming that all is in place for the new seat to begin operation this year, we look at the role of the central division in UPC patent actions under the UPC Agreement, UPC Rules of Procedure and as illustrated by early UPC decisions, as well as the composition of central division judicial panels. Read more

Latest news on planned AI regulation under the EU AI Act and on AI litigation in the EU, UK, US and China

We look at the latest legislative developments in the EU and cases in the UK, US and China shedding light on how issues around the use of AI will be addressed by the use of intellectual property and what questions still remain open to debate. In particular we look at The EU AI Act and the protection of copyright in materials used in machine learning; the UK and US proceedings in Getty v Stability AI on the infringement of rights associated with images used to train Stability's Stable Diffusion image-generating AI; New York Times v. OpenAI and Microsoft case in the US that revolves around fair use of copyright materials; as well as Li v Liu in China in relation to copyright in AI generated images. Read more

Revision of the SPC system in Europe moves a step closer

The European Parliament Legal Affairs Committee has now approved its position on the proposals for a unitary SPC and the recast SPC regulations for medicinal products. The proposals aim to produce a simplified and centralised application procedure for SPCs (currently done nationally in each state) and an SPC for the unitary patent (also to be centrally administered). Read more

Six years of success: Laura Orlando named one of Italy’s top 50 lawyers for sixth consecutive year

Herbert Smith Freehills Partner Laura Orlando has been named one of Italy's top 50 lawyers for a sixth consecutive year by Legalcommunity, a leading Italian legal publisher recognising the excellence of the Italian legal market in the field of intellectual property. Laura rose six places from 2022. The publication highlighted the growth of our Milan office, Laura's role as Joint Global Head of IP, and her reputation in Italy as a key expert on the Unified Patent Court and the unitary patent. Read more

Irish referendum on joining the UPC announced for June 2024

The Irish Government's Department of Enterprise, Trade and Employment announced yesterday (23 January) that the Government has approved a proposal to hold a constitutional referendum in June 2024 on Ireland’s participation in the Unified Patent Court. The referendum is to be held alongside the European and local elections. Read more