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In one of the first judgments to interpret the High Court of Australia’s recent decision in Self Care, Hungry Jack’s BIG JACK was found not to infringe McDonald’s BIG MAC trade mark. However, the claim that the Big Jack had “25% more Aussie beef” than the Big Mac was found to be misleading or deceptive, emphasising … Read more
In its first four months of operation, the Unified Patent Court (UPC) has accepted over 250 actions and made over 45 orders. These cases span a variety of sectors, including life sciences, consumer goods, and mechanical engineering, and involve parties from the US, India, UK, Switzerland, and UPC participating EU states. Here we take a look at some of the most significant developments and you can register for our briefing for more detailed analysis and coverage. Read more
The UK Science, Innovation and Technology Select Committee (which recently conducted an inquiry into the impact of AI on several sectors) has published The Governance of Artificial Intelligence: Interim Report identifying 12 challenges of AI, including that for intellectual property, and recommends legislation during this parliament. The report also expresses concerns that the UK will fall behind if there are delays, given the moves made by the EU and US to regulate AI already. On IP it recommends that where AI models and tools make use of other people’s content, policy must establish the rights of the originators of this content, and these rights must be enforced. Read more
Dr Thaler’s latest attempt to obtain IP protection for “creations” of his AI system has failed, with a US Court rejecting copyright protection for an AI-generated artwork. Read more
Emma Iles and Eliza Foley discuss trade marks, certification marks and greenwashing risks in Australia in the latest episode in our Consumer sector podcast series "Talking Shop". Read more
Josh Todd, Giulia Maienza and George McCubbin join Aoife Xuereb to discuss the NFT (Non-Fungible Token) marketplace in the consumer sector – from fine wine and fashion to enhancing the customer experience. They explain how types of marketplaces work, whether that be trading NFT-linked physical products or digital assets in the real world or the metaverse. Commercial legal considerations include IP, … Read more
On 1 June 2023, the Unified Patent Court (UPC) and unitary patent (UP) system finally launched, bringing with it fundamental changes to the patent landscape across Europe.
Laura Orlando, Milan Partner and Joint Global Head of Intellectual Property at Herbert Smith Freehills, was recently interviewed by Amy Sandys at JUVE Patent, alongside other private practice and in-house IP lawyers, to discuss some of their hopes, potential challenges, and what the UPC means to them. Read more
Today marks the launch of the new Unified Patent Court (UPC) and unitary patent (UP) system in Europe – the culmination of decades of work, bringing with it fundamental changes to the way in which patents can be litigated in Europe. Find out more about the UPC, the unitary patent, and how our fully integrated … Read more
On 18 May 2023, the Italian government confirmed that the third Central Division seat of the Unified Patent Court (UPC) will be hosted in Milan.
The statement issued by the Italian Ministry of Foreign Affairs and International Cooperation has said that the new seat will be operational within one year. However, with the UPC launch date approaching on 1 June 2023, Paris and Munich will initially share the caseload until Milan is operational, as confirmed by the UPC Presidium on 16 May 2023 (see our previous blog post). Read more
