HSF's Consumer sector team (including Joel Smith, Victoria Horsey, Sarah Burke and Rachel Montagnon, from our IP group) have just a feature article published in June's PLC Magazine on Challenges in the Consumer Sector.This is the first in a series of three articles examining the current issues facing the sector.The article examines the impact of transformative technology and looks in particular at AI, AR & VR (including IP aspects), data commercialisation, Internet of Things, contextual commerce, data privacy, cyber security, targeted advertising, and on-line infringement of IP rights.For more on these and other issues affecting the Consumer sector see our Future of Consumer hub. Read more
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on the recent UK Supreme Court decision in the tadalafil case, which foreshadows how English courts will probably respond to issues of obviousness arising from patents directed to dosage regimes going forward. We discuss the Court of Appeal’s … Read more
On 26 March 2019, the European Parliament voted in favour of the new EU Copyright Directive (the “Directive”) marking the end of lengthy negotiations and delays. The aim of the Directive is to enhance the position of rights’ holders in relation to the use of their material on the internet but, in particular, Articles 11 … Read more
In Abraxis Bioscience LLC v the Comptroller General of Patents (Case C-443/17) the Court of Justice of the European Union (“CJEU”) held that Supplementary Protection Certificates (“SPCs”) cannot be obtained for new formulations of previously approved active ingredients. This limitation on the availability of SPCs will be disappointing to the pharmaceutical industry, which continues to … Read more
In a decision that extends the law of geographical indications into the territory of the UK tort of passing off, the District Court of Hamburg (the ‘Court’) has prohibited the use of ‘Glen’ in the name of a whisky that did not originate from Scotland on the basis of the geographical indication protection associated with ‘Scotch … Read more
Following a turbulent course of lengthy negotiations and delays, political agreement was finally reached by the European Commission, European Parliament and the Council of the EU on the revised proposal of the EU Copyright Directive (the “Directive“) earlier this month. The final consolidated text was made available on 20 February 2019. The Commission first adopted … Read more
Herbert Smith Freehills has been lauded a ‘class act’, after it was ranked highly in the 2019 edition of World Trademark Review (WTR) 1000. Now in its ninth year, the WTR 1000 highlights firms and individuals that are deemed outstanding in this area of practice. Herbert Smith Freehills has been showcased in the research directory … Read more
The Japan-EU Economic Partnership Agreement, the largest free-trade agreement between Japan and the EU (aka Japan-EU Free Trade Agreement or JEFTA) entered into force on 1 February. JEFTA eliminates most custom duties and trade barriers between Japan and the EU and sets out rules enhancing mutual intellectual property protection and recognition. JEFTA will not apply … Read more
