INSIDE ARBITRATION ISSUE 17: Arbitration of IP disputes

We are delighted to share with you Issue 17 of Inside Arbitration from Herbert Smith Freehills’ Global Arbitration Practice, which, in particular, features an article on arbitrating IP disputes arising from energy transition innovations. Read more

The IP in AI: Can AI infringe IP rights?

In this instalment of our series The IP in AI, we take a look at the degree of protection likely afforded to IP rights holders against unsanctioned use of authored works by an AI system, including the relevant legal and practical considerations for both authors and creators/users of AI systems. Read more

Series: The IP in AI

Uses of machine learning and AI are expanding rapidly, and IP rights play a critical role in both regulating the use of AI and protecting the rights of inventors and creators. In this series, we will explore the key challenges governments worldwide are currently grappling with in order to provide the right level of protection … Read more

With the Headquarters Agreement for the Milan seat concluded, we look at the role of the UPC central division

As the Headquarters Agreement for the Milan seat of the Unified Patent Court's central division is signed, confirming that all is in place for the new seat to begin operation this year, we look at the role of the central division in UPC patent actions under the UPC Agreement, UPC Rules of Procedure and as illustrated by early UPC decisions, as well as the composition of central division judicial panels. Read more

Latest news on planned AI regulation under the EU AI Act and on AI litigation in the EU, UK, US and China

We look at the latest legislative developments in the EU and cases in the UK, US and China shedding light on how issues around the use of AI will be addressed by the use of intellectual property and what questions still remain open to debate. In particular we look at The EU AI Act and the protection of copyright in materials used in machine learning; the UK and US proceedings in Getty v Stability AI on the infringement of rights associated with images used to train Stability's Stable Diffusion image-generating AI; New York Times v. OpenAI and Microsoft case in the US that revolves around fair use of copyright materials; as well as Li v Liu in China in relation to copyright in AI generated images. Read more

Revision of the SPC system in Europe moves a step closer

The European Parliament Legal Affairs Committee has now approved its position on the proposals for a unitary SPC and the recast SPC regulations for medicinal products. The proposals aim to produce a simplified and centralised application procedure for SPCs (currently done nationally in each state) and an SPC for the unitary patent (also to be centrally administered). Read more

Irish referendum on joining the UPC announced for June 2024

The Irish Government's Department of Enterprise, Trade and Employment announced yesterday (23 January) that the Government has approved a proposal to hold a constitutional referendum in June 2024 on Ireland’s participation in the Unified Patent Court. The referendum is to be held alongside the European and local elections. Read more

The UPC – 2023’s achievements and predictions for 2024

Six months into the new European patent and unitary patent litigation system – the Unified Patent Court (UPC) - and the stage has been set for a positive 2024. The UPC is proving popular with patentees bringing infringement actions as well as those parties seeking revocations, but with the balance falling in favour of the infringement actions to a greater extent than many had expected. We give our analysis of the UPC's first six months and our predictions for 2024.  Read more

Competition law and biosimilars: Time for a new approach or not yet?

Competition law enforcement in the pharmaceutical sector has been vigorous in recent years with regulators focusing on a variety of issues including denigration strategies, lifecycle management patent strategies, pricing rebates, and excessive pricing. In an article recently published in Concurrences, we examine the case law and enforcement practice in this area and apply it to … Read more