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

The Rise of Influencer Marketing: Lunch, listen and question

The rise and convergence of social media, short form content and e-commerce has fuelled a boom in influencer marketing both in a B2C and B2B context. This has made it possible for brands to target their products and advertisements to specific consumers or businesses and consumer or business segments in a way that is more … 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

Glaxo’s purple inhalers fail to get trade mark protection

Like Cadbury before them, Glaxo’s hard-fought attempts to register a trade mark for a shade of purple have been rejected. In this case, Glaxo had sought to register the colour of its seretide inhalers and asthma treatments as a trade mark, by providing the description “Purple – Pantone: 2787C” and this sign: The General Court … Read more

Herbert Smith Freehills’ IP Podcasts – Episode 5: Collaborating with Third Parties – IP Considerations

Collaborating with a third party can bring with it numerous benefits. Parties can work to their own strengths, share experience, and venture into new markets or territories, while sharing costs and risks. However, there are a multitude of legal considerations which need to be considered, both at the outset and as the collaboration progresses. In episode 5 of our podcast series, Joel Smith and Jessica Welborn discuss some of the key IP considerations surrounding collaboration agreements.  Read more

COVID-19: Pressure Points: Supply Chain Difficulties – new global guide, including IP, advertising and collaboration issues

Herbert Smith Freehills has published a new global guide on supply chain difficulties arising from the COVID-19 pandemic and associated restrictions and solutions. Supply chain difficulties are at the heart of the pressures facing businesses during the COVID-19 pandemic. In our latest guide we look at supply chain pressure points and what is being and … Read more

COVID-19: Pressure Points: A Catalyst for Collaboration (Global)

As COVID-19 infiltrates every aspect of our daily lives and the world races to respond and to address the pandemic, there is a consistent theme which offers all of us hope. Collaboration. To combat the outbreak, we have seen the emergence of large numbers of companies joining to pool their resources and to cross-share their valuable know-how. Read more

COVID-19: Pressure points: UK Government disables domain names and social media accounts involved in selling fake or unauthorised COVID-19 products

On Saturday (4 April 2020) the UK Government issued a press release on how the medicines and medical devices regulator, the Medicines and Healthcare Products Regulatory Agency (MHRA), is investigating the increasing number of bogus medical products being sold through unauthorised websites claiming to treat or prevent COVID-19 cases of fake or unlicensed COVID-19 medical … Read more