HSF IP partners interviewed on strategic considerations in the run up to the UPC

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 UPC is GO! Sufficient ratification of the Protocol on Provisional Application means the UPC is guaranteed to commence and final practical preparations can now be made for a start that could be as early as Autumn 2022

The General Secretariat of the Council of the European Union, has declared that the Protocol on Provisional Application of the UPC Agreement has entered into force today (19.01.22) after Austria deposited its instrument of ratification of the Protocol yesterday, allowing the provisional application period to commence. Only one more ratification was needed for the Protocol to come into effect and this has now been achieved. All the practical preparations for, and financial investment in, the new court system can now be made during the provisional application period, safe in the knowledge that the UPC will now definitely become a reality. Although there is no prescribed period for the provisional application period, the UPC Preparatory Committee has previously estimated that about 8 months will be needed to prepare, which implies that we may have the UPC ready to hear cases as early as September or October 2022. Read more

Consultation on Standard Essential Patent (SEP) framework launched by UK IPO

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

HSF IP partners interviewed on UPC preparations by IAM

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

Processing on the basis of consent

In our last post, we considered some of the challenges of processing genetic data on the basis it has been anonymised. If such data has not been properly anonymised, it must be processed in line with the requirements for “special category” data under GDPR. One lawful basis for processing “special category” data is explicit consent. Read more

UK National AI Strategy – Government launches consultation on AI and IP

Following on from the Call for views on AI and IP conducted by the UK IPO in the last quarter of 2020, and as part of the UK AI National Strategy, the UK government has launched a consultation on AI and IP. This consultation targets the more contentious areas arising from the earlier Call for Views and focuses on copyright in works made by AI; text and data mining using copyright material; and patents for inventions devised by AI. Read more

Challenges with anonymising genetic data

Under the GDPR, anonymous information is information which doesn't relate to an identifiable natural person. Whether a person is identifiable depends on all of the means reasonably likely to be used to identify someone. This is a question of factors such as the cost and time associated with re-identifying someone, taking into account developments in technology. This article explores what it means to anonymise genetic data. Read more

The Unified Patent Court (UPC) – another step forward – provisional application period close to commencing

Germany's deposit of its ratification of the UPC protocol on provisional application on 27 September, 2021, and suggestions that Slovenia and Austria may also ratify shortly, mean that the provisional application period during which the practical arrangements for the UPC will be put in place, which this protocol (once sufficiently ratified) will usher in, now looks likely to commence before the end of 2021 and possibly even as soon as October. If so, the UPC could start to function fully from mid-2022, as has been suggested by the UPC Preparatory Committee. Read more