IAM recently interviewed our IP partners Laura Orlando and Sebastian Moore in an article The EU’s UPC launch is imminent – here’s what IP strategists need to know, published on 25 January. The article explores the key steps and decisions for patent professionals in the months leading up to the UPC's launch and some of the important strategic considerations that should be factored in, including opt-out strategies, pros and cons for the life sciences industry, uncertainties on procedural questions, and much more. Read more

The UK Intellectual Property Office (IPO) has published an open consultation Standard Essential Patents and Innovation: Call for views in order in order to better understand the current framework’s function to support innovation. Views are sought on whether the SEPs framework is functioning efficiently and strikes the right balance for all entities involved. Its stated aim is "to produce the optimal IP framework for the UK that will promote innovation and creativity both now and, in the future" whilst ensuring the Government’s ambitions set out in the UK Innovation Strategy are supported. Read more

IAM have interviewed our IP partners Laura Orlando and Sebastian Moore in an article, The EU's Unified Patent Court is set to open in 2022 - this is what you need to know, on the progress towards the new European patent system. The article discusses the new landscape for patent enforcement - including the 2022 start date, opt-out considerations and deadlines, and the practical arrangements needed to bring the new court to life. Sebastian and Laura comment in particular on the location of the life sciences seat of the central division and the recruitment and composition of the UPC judiciary. Read more

The UK Intellectual Property Office has published a consultation on the UK's exhaustion of intellectual property rights regime and what changes might be appropriate post-Brexit, including how such changes should be implemented. The consultation runs for 12 weeks until 31 August 2021. Here we outline the principles behind the different types of exhaustion regime, and summarise the options proposed by the consultation, highlighting the issues associated with each. Read more

Herbert Smith Freehills' European IP team have had a feature article on the EU's IP Action Plan published in the April edition of PLC Magazine – see EU Action Plan on IP – the challenge ahead here. The article looks at the current challenges for the EU in relation to IP, its key focus areas and plans for future regulation and legislation, including: • The Unified Patent Court (UPC) • Supplementary Protection Certificates (SPCs) • Compulsory licensing • Standard Essential Patents (SEPs) • AI and emerging technologies • Counterfeiting • Designs • Geographical Indications • Data • The Pharmaceutical Strategy for Europe Read more

The final Brexit agreement, the Trade and Cooperation Agreement was agreed between the UK and the EU on 24 December 2020. Within this agreement are provisions that set out the standards expected to be recognised (mutually) between the EU and the UK in relation to intellectual property (including SPCs and trade secrets). There are some provisions concerning pharmaceutical regulation and product standards, but overall there is a lack of mutual recognition, with the consequence that, for both pharmaceuticals and medical devices, there are now effectively two separate regimes for the EU and the UK. Read more

Today, the German Bundesrat (the upper house of the German Parliament) passed the Unified Patent Court (UPC) legislation, bringing us one step closer to the start of the UPC. To come into force, the law will now have to be signed by the Federal Government, the Federal President and, finally, published in the Federal Law … Read more

We have previously discussed the changes to the regulation of medical devices both in the UK and the European Union in our May 2020 blog post here.  This post provides an update on the UK Medicines and Medical Devices Bill (the UK Bill), post-Brexit transition period guidance in the UK on the regulation of medical … Read more