Change ahead? UKIPO publishes outcome of AI consultation and considers legislative reform

In September 2020 we reported that the UK Intellectual Property Office (‘UKIPO’) had launched a call for views on the relationship between artificial intelligence (‘AI’) and intellectual property rights. The outcome of that consultation has now been published. We summarise the key takeaways below. Key findings The majority of respondents agreed that: the law in … 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

The Trade and Cooperation Agreement and its impact on IP, Pharma and Medical Devices

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

Innovating European Design law in 2021: one of the themes of the new EU IP Action Plan

Design – and its protection – is a priority for the EU and featured in the European Commission’s Intellectual Property Action Plan to support the EU’s recovery and resilience, which was published on 25th November 2020. The European Commission has established that a primary goal will be a revision of European design law, with the ultimate aim of modernising and implementing design protection for the intangible assets that are a “cornerstone of today’s economy”. Read more

The European Commission considers the future of health in Europe with new Pharmaceutical Strategy and Action Plan on IP

The European Commission has this week published a wide-ranging and ambitious Pharmaceutical Strategy for Europe, and an Action Plan on Intellectual Property. Pharmaceutical Strategy for Europe The new pharmaceutical strategy for Europe is a key pillar of the European Health Union, which President von der Leyen called for in her 2020 State of the Union … Read more

Real Estate Guide to IP

In conjunction with our Real Estate division, the Herbert Smith Freehills London IP group has published a guide to the intellectual property issues that can arise in relation to real estate. It can be the case that sites or buildings are purchased without necessarily considering fully whether the underlying intellectual property assets are being transferred and what future access or control the new owner may need, or the vendor wish to retain. Read more

Embedding works via automatic links should require rights holder consent

Using automatic links to embed works from other websites in a webpage should be regarded as a communication to the public, requiring the consent of the relevant rights holders, proposes Advocate General Szpunar (the “AG”) in his Opinion of 10 September 2020 in case C-392/19 VG Bild-Kunst v Stiftung Preußischer Kulturbesitz before the Court of … Read more