New website launched for the Unified Patent Court (UPC)

The Unified Patent Court has launched its official website today, replacing the UPC Preparatory Committee's original site at the same address: www.unified-patent-court.org.  The new website carries links to all the key legal documents establishing the Court and to the Procedural Rules, as well as information on the Court and Registry. Read more

HSF comments for JUVE Patent on UPC judges list announcement

On 19 October 2022, the Unified Patent Court (UPC) Administrative Committee announced the appointment of 85 legal and technical judges, ready for when the UPC Agreement comes into force, likely in Spring 2023 (1 April 2023 as per the latest announcement from the UPC Administrative Committee). Milan-based Joint Global Head of Intellectual Property, Laura Orlando, discusses the latest announcement with Amy Sandys at JUVE Patent in the article UPC divisions demonstrate clout with choice of experienced legal judges. Read more

HSF comments for IAM on The UPC on Day 1

Laura Orlando and Rachel Montagnon were in conversation with Adam Houldsworth of IAM recently, leading to their comments being published in the IAM article "Your guide to the UPC on day one". Access the article and their quotes here. Read more

The IP in NFTs – Strategies for protecting your brands and products in the metaverse

The creation ("minting") and sale and use of NFTs raises many IP issues which we have discussed in our previous posts in our IP in NFTs series. However, brand owners and product manufacturers must also be vigilant in monitoring the virtual marketplaces to ensure that third parties are not creating NFTs that infringe their own IP rights.  This is especially true where the company is considering releasing or has released NFTs, because the public will begin to associate the brand with NFTs (which could include infringing NFTs).  There are several strategies that companies could adopt to minimise this risk. Read more

The IP in NFTs – What is being purchased?

As we reported in our first blog post in this series, non-fungible tokens (NFTs) are a new asset class that is being adopted eagerly across all sectors, raising some interesting challenges from an IP perspective. While NFTs have demonstrated themselves to be a powerful tool in the new digital era, they remain poorly understood, in particular in relation to the rights that are (or are not) transferred on purchase of an NFT. Releasing (known as "minting") and purchasing NFTs can give rise to a number of IP-related issues, such as: - Who has the right to create and release NFTs? - Does the NFT infringe third party rights? - What rights are transferred with the NFT (and on resale)? - How this rights transfer is achieved? Read more

Irish Government reaffirms its commitment to the UPC but referendum date may be as late as 2024

The Irish Government has reaffirmed its commitment to participate in the UPC, issuing a statement earlier this week (28 June 2022). However Ireland requires a public referendum to confirm that it should ratify the UPC Agreement and uncertainty about the timing of this looks likely to mean that Ireland will not be one of the states forming part of the UPC system on Day 1, given that recent announcements place the start date for the UPC in early 2023. Read more