COVID Counterfeits – combating counterfeiting, product replacement, misleading advertising and cyber crime in the current crisis

Whilst as a global community we have witnessed extreme acts of kindness, compassion and camaraderie since the start of the COVID-19 crisis, regrettably, some have sought to exploit the crisis. From sales of counterfeits, mis-substitution of products and misleading advertising, to reverse engineering and cyber attacks, intellectual property (IP) rights holders are amongst the many … Read more

What’s next for the UPC project? Our analysis following the German Federal Constitutional Court decision

The Bundesverfassungsgericht (the German Federal Constitutional Court) has released its long-awaited ruling on the complaint against the German ratification of the UPC Agreement. It has found, by 5:3 majority, that the Act by which Germany was to accede to the UPC Agreement is void, because it was not passed with the required parliamentary majority. Without Germany's ratification, the UPC Agreement cannot come into force. What is likely to happen next, and when? Read more

UK will not be a part of the UPC – government confirms

The UK Prime Minister's Office has confirmed (27.02.20) that the UK will not be participating in the UPC system saying: "Participating in a court that applies EU law and bound by the CJEU is inconsistent with our aims of becoming an independent self-governing nation." Read more

Update on IP rights in the UK during the Brexit transition period and beyond

The UK has left the EU, but for IP rights in the UK everything is very much the same for the duration of the transition period (currently ending at 23.00 on 31 December 2020) during which the UK continues to be treated as part of the EU from the point of view of EU legislation. At the end of transition, the UK Government will provide replacement rights for what were previously EU-wide rights that were current at the end of transition, but all is not as straightforward as that might sound. Read more

Patent and Pharma Update, February 2020

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the Supreme Court decision of Shanks v Unilever on employee inventor compensation. We update on two CJEU decisions relation to public access to documents submitted to the EMA and a key competition decision on “pay-for-delay” agreements. We … Read more