New website launched for the Unified Patent Court (UPC)

The Unified Patent Court has launched its official website today, replacing the UPC Preparatory Committee's original site at the same address: www.unified-patent-court.org.  The new website carries links to all the key legal documents establishing the Court and to the Procedural Rules, as well as information on the Court and Registry. Read more

The IP in NFTs – Strategies for protecting your brands and products in the metaverse

The creation ("minting") and sale and use of NFTs raises many IP issues which we have discussed in our previous posts in our IP in NFTs series. However, brand owners and product manufacturers must also be vigilant in monitoring the virtual marketplaces to ensure that third parties are not creating NFTs that infringe their own IP rights.  This is especially true where the company is considering releasing or has released NFTs, because the public will begin to associate the brand with NFTs (which could include infringing NFTs).  There are several strategies that companies could adopt to minimise this risk. Read more

The IP in NFTs – What is being purchased?

As we reported in our first blog post in this series, non-fungible tokens (NFTs) are a new asset class that is being adopted eagerly across all sectors, raising some interesting challenges from an IP perspective. While NFTs have demonstrated themselves to be a powerful tool in the new digital era, they remain poorly understood, in particular in relation to the rights that are (or are not) transferred on purchase of an NFT. Releasing (known as "minting") and purchasing NFTs can give rise to a number of IP-related issues, such as: - Who has the right to create and release NFTs? - Does the NFT infringe third party rights? - What rights are transferred with the NFT (and on resale)? - How this rights transfer is achieved? Read more

UK consultation on AI concludes that a text and data mining exception to copyright and database right infringement for any purpose should be introduced

The UK Intellectual Property Office (IPO) has published its response to its consultation on legislative changes needed to accommodate AI, stating that it has accepted the need to create a new data mining exception for copyright and database rights and that this will make it easier to analyse material for machine learning, research and innovation. The exception will apply to text and data mining for any purpose, although rights holders will still have safeguards to protect their content, including a requirement for lawful access. The Government’s decided not to introduce changes to the UK’s patent inventorship criteria or copyright computer generated works provisions at this time, although the law will be kept under review. Read more

Supreme People’s Court of China releases Judicial Interpretation of Anti-Unfair Competition Law

The Supreme People’s Court of China (Supreme Court) released the Interpretation (“Interpretation”) of the Supreme Court on Several Issues Concerning the Application of the Law of the People’s Republic of China against Unfair Competition (“AUCL”), which was effective on March 20, 2022. The Interpretation consists of 29 clauses in total, and, based on the revised … Read more

UPC hopes to be operational by end of 2022 or early 2023 and opt-out sunrise period to start immediately Germany deposits instrument of ratification

The UPC administration has confirmed that  it is a reasonable assessment that the start of the UPC's operations will happen during the last quarter of 2022 or early 2023. The announcement stated that: "[German ratification] will happen when the Administrative Committee is confident that the Court is operational. The German deposit will also mark the start of the sunrise period during which it will be possible to opt out existing European patents from the jurisdiction of the Court". The timing of the start of operations of the Court depends on the progress of the preparatory work. Read more