How can genetic data collected by in vitro diagnostics providers be legitimately processed under GDPR?

In vitro diagnostics offerings necessarily involve the collection of vast amounts of sensitive health data. This information is an invaluable resource for better understanding the genomic basis of disease, and making improvements to diagnostic offerings. It is imperative that stakeholders get it right when it comes to processing individuals' data and maintaining public trust, so that they can continue to exploit these rich datasets. Over the coming weeks HSF will publish a series of posts exploring issues that arise when processing this kind of data in accordance with the GDPR. Read more

Want to be more circular? The legal risks of implementing circular economy business model innovations

The transition towards a circular economy is central to global sustainability objectives. National governments are also increasingly looking to regulate production processes in order to encourage the private sector to design out waste within their value chains. While related policy objectives and regulatory developments are abundant, the legal implications of this fundamental shift within production and consumption processes have faced little scrutiny to date. Our article, published in the August 2021 edition of PLC Magazine, sets out key legal considerations for businesses in the private sector that are engaged in the journey towards circularity, including the legal risks and consequences associated with the adoption of circular business models (including IP, know-how, collaboration, competition, supply chain and contractual risks). Read more

Not all’s “fair dealing” in war and Greenpeace: Federal Court confirms limits of the “parody or satire” exception to copyright infringement

The Federal Court’s decision in AGL v Greenpeace[1] confirms that using a corporate logo in activist or protest materials may be permissible under both copyright and trade mark law, but only where that use constitutes a “fair dealing” for the genuine purpose of “parody or satire”. Not all such uses will fall within that exception, … Read more

Views on an evolving automotive industry – The importance of a clear IP strategy

Our latest intellectual property related briefing in the HSF "Views on an evolving automotive industry" series, concentrates on the importance of a clear IP strategy for automotive sector businesses. It considers the necessary elements of a successful IP strategy and the heightened importance of such a strategy in the context of an industry where new systems and technologies are taking centre stage. Read more

UK IPO Consultation on the UK’s future exhaustion of IP rights regime

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

EU Action Plan on IP – the challenge ahead

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

Enforcement of intellectual property rights across online platforms

Considering how to enforce your IP rights online and make maximum use of the take-down procedures? Read Victoria Horsey, Joanna Silver and Sabesh Asokan’s practical tips in their practice notes, recently updated and published in Practical Law: • Enforcement of intellectual property rights across online platforms: injunctions A checklist on the circumstances in which a … Read more