COVID-19: Pressure Points: Supply Chain Difficulties – new global guide, including IP, advertising and collaboration issues

Herbert Smith Freehills has published a new global guide on supply chain difficulties arising from the COVID-19 pandemic and associated restrictions and solutions. Supply chain difficulties are at the heart of the pressures facing businesses during the COVID-19 pandemic. In our latest guide we look at supply chain pressure points and what is being and … Read more

COVID-19: Pressure Points: A Catalyst for Collaboration (Global)

As COVID-19 infiltrates every aspect of our daily lives and the world races to respond and to address the pandemic, there is a consistent theme which offers all of us hope. Collaboration. To combat the outbreak, we have seen the emergence of large numbers of companies joining to pool their resources and to cross-share their valuable know-how. Read more

COVID-19: Pressure points: UK Government disables domain names and social media accounts involved in selling fake or unauthorised COVID-19 products

On Saturday (4 April 2020) the UK Government issued a press release on how the medicines and medical devices regulator, the Medicines and Healthcare Products Regulatory Agency (MHRA), is investigating the increasing number of bogus medical products being sold through unauthorised websites claiming to treat or prevent COVID-19 cases of fake or unlicensed COVID-19 medical … Read more

COVID-19: Pressure points: COVID Counterfeits – combating counterfeiting, product replacement, misleading advertising and cyber crime in the current crisis

Whilst as a global community we have witnessed extreme acts of kindness, compassion and camaraderie since the start of the COVID-19 crisis, regrettably, some have sought to exploit the crisis. From sales of counterfeits, mis-substitution of products and misleading advertising, to reverse engineering and cyber attacks, intellectual property (IP) rights holders are amongst the many … Read more

European Commission strategy for data and AI: Shaping a digital future

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 white paper); a communication on a European strategy for data (the data strategy communication); and a communication on shaping Europe's digital future (the digital future communication).  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

ECJ rules for the first time on “pay-for-delay” agreements

On 30 January 2020 the European Court of Justice (“ECJ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of patent dispute settlement, whereby in return for a value transfer, a generic … Read more

OPEN INNOVATION & COLLABORATION: Triggering and managing innovation and collaboration & the IP, data and competition issues involved

Open Innovation: Forging innovation and collaboration In the first of a two-part series on open innovation, we explore how organisations can manage and benefit from the changing nature of innovation and collaboration. Open Innovation: IP, data and competition issues In part two, we look deeper into some specific issues that arise in the context of … Read more