Revolution or evolution? Tech Disputes podcast series – Episode 3: Software audit disputes and data licensing disputes

In episode 3 of our Tech Disputes podcast series Revolution or evolution?, we take a look at software audit disputes and data licensing disputes and the way in which these disputes can unfold, including the different approaches and levers each side can look to employ in a contentious audit situation. We also look at the practical steps customers can take in order to avoid over deployment risks in the first place, both at the contracting stage, and during the contract life cycle. Read more

Want to be more circular? The legal risks of implementing circular economy business model innovations

The transition towards a circular economy is central to global sustainability objectives. National governments are also increasingly looking to regulate production processes in order to encourage the private sector to design out waste within their value chains. While related policy objectives and regulatory developments are abundant, the legal implications of this fundamental shift within production and consumption processes have faced little scrutiny to date. Our article, published in the August 2021 edition of PLC Magazine, sets out key legal considerations for businesses in the private sector that are engaged in the journey towards circularity, including the legal risks and consequences associated with the adoption of circular business models (including IP, know-how, collaboration, competition, supply chain and contractual risks). Read more

“Why cannot our own creations also create?”: AI systems can be patent inventors in Australia

An artificial intelligence system is capable of being named as an “inventor” of patentable subject matter, according to the Federal Court’s recent decision in Thaler v Commissioner of Patents.[1] Subject to any appeal, this decision has salient implications for the ways in which inventorship, ownership, and inventiveness might be assessed in Australia in the future. … Read more

The Unwired Planet case – a year on

Last year the UK Supreme Court upheld Mr Justice Birss’ now famous decision in the Unwired Planet case. The Supreme Court’s decision has cemented the UK’s position as a key jurisdiction for FRAND disputes to be decided and opened the door for many more such cases to be heard in the UK. In an article … Read more

Regulatory reform for software-based consumer health products – new regulations provide clarity but can they keep up with the technology?

Mobile health apps and devices are everywhere (“mHealth”), with Australians now the biggest consumers of health apps per capita. The TGA recently released a suite of reforms on software-based medical devices and consumer health products to better address this area. But what are the impacts on developers, and will the regulations be “future proof” as … Read more

Views on an evolving automotive industry – The importance of a clear IP strategy

Our latest intellectual property related briefing in the HSF "Views on an evolving automotive industry" series, concentrates on the importance of a clear IP strategy for automotive sector businesses. It considers the necessary elements of a successful IP strategy and the heightened importance of such a strategy in the context of an industry where new systems and technologies are taking centre stage. Read more

UK IPO Consultation on the UK’s future exhaustion of IP rights regime

The UK Intellectual Property Office has published a consultation on the UK's exhaustion of intellectual property rights regime and what changes might be appropriate post-Brexit, including how such changes should be implemented. The consultation runs for 12 weeks until 31 August 2021. Here we outline the principles behind the different types of exhaustion regime, and summarise the options proposed by the consultation, highlighting the issues associated with each. Read more