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

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

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

Live figures from the European Patent Office show healthy appetite for Unitary Patents

The European Patent Office has released a “Unitary Patent dashboard” offering “a timely snapshot of applicants’ eagerness to opt for the Unitary Patent”. Live figures show that as of today, 1 August 2023, there have been 5665 requests for unitary effect, with the most popular technologies being Infrastructure & Mechanics (20.8%), Health (19.2%) and Materials … Read more

The UPC and unitary patents – six weeks in

Six weeks into the new Unified Patent Court and unitary patent, both elements of the new system seem to have taken off, with unitary patents proving popular and the first cases being filed (17 infringement and 3 revocation actions to date). Whilst opt-outs are high and teething problems remain with the case search systems and some practical procedural issues, a certain UPC momentum is developing, with the first preliminary injunctions and orders also being granted. Read more

The Unified Patent Court (UPC) starts today – 1 June 2023

Today marks the launch of the new Unified Patent Court (UPC) and unitary patent (UP) system in Europe – the culmination of decades of work, bringing with it fundamental changes to the way in which patents can be litigated in Europe. Find out more about the UPC, the unitary patent, and how our fully integrated … Read more

UPC central division cases that would have gone to the London seat under original UPC plans will be split between Paris and Munich seats initially

The UPC has announced that the UPC Presidium has exercised its managerial power to decide that matters before the UPC that would have fallen under the patent classifications (A and C) that would have originally gone to London until the UK withdrew from the UPC Agreement, will be shared between Paris and Munich initially, as of the UPC start date of 1 June 2023, until such time as a decision has been made on the third seat. Read more

The IP in AI: Does copyright protect AI-generated works?

In this instalment of our series The IP in AI, we take a look at the extent to which copyright and other rights currently provide protection for output generated by AI systems, including how concepts of 'authorship' and 'originality' may need to be adapted to meet the rapid growth of generative AI. Read more