What’s next for the UPC project? Our analysis following the German Federal Constitutional Court decision

The Bundesverfassungsgericht (the German Federal Constitutional Court) has released its long-awaited ruling on the complaint against the German ratification of the UPC Agreement. It has found, by 5:3 majority, that the Act by which Germany was to accede to the UPC Agreement is void, because it was not passed with the required parliamentary majority. Without Germany's ratification, the UPC Agreement cannot come into force. What is likely to happen next, and when? Read more

Herbert Smith Freehills’ IP Podcasts – Episode 4: Comparative Advertising

Advertising that makes a comparison with another party’s products or services needs to be considered carefully. In episode 4 of our IP podcast series, Joel Smith and Victoria Horsey provide a short summary of the laws which apply and review the options for challenging misleading and unlawful adverts in the UK. Listen and subscribe here: … Read more

UK will not be a part of the UPC – government confirms

The UK Prime Minister's Office has confirmed (27.02.20) that the UK will not be participating in the UPC system saying: "Participating in a court that applies EU law and bound by the CJEU is inconsistent with our aims of becoming an independent self-governing nation." Read more

Update on IP rights in the UK during the Brexit transition period and beyond

The UK has left the EU, but for IP rights in the UK everything is very much the same for the duration of the transition period (currently ending at 23.00 on 31 December 2020) during which the UK continues to be treated as part of the EU from the point of view of EU legislation. At the end of transition, the UK Government will provide replacement rights for what were previously EU-wide rights that were current at the end of transition, but all is not as straightforward as that might sound. Read more

European Commission Announces Strategy for Data, Artificial Intelligence and Competition in the Digital Age

On 19 February 2020, the European Commission (the “Commission”) published three policy papers as part of its strategy to “shape Europe’s digital future”: a white paper on artificial intelligence (AI) (the “AI White Paper”), a communication on a European strategy for data (the “Data Strategy Communication”), and a communication on shaping Europe’s digital future (the … Read more

Artificial Intelligence in the Public Sector – a new regulatory field?

In our latest Public Law blog post, Andrew Lidbetter, Nusrat Zar, Jasveer Randhawa and Claire Hall discuss the Committee on Standards in Public Life’s recently published report on artificial intelligence and its impact on public standards. They comment on the Committee’s recommendations for the governance and regulation of AI in the public sector, aimed at … Read more