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After the German Parliament's upper house, the Bundesrat, passed the legislation to allow Germany to ratify the UPC Agreement (UPCA), there have been two challenges filed before the German Constitutional Court. As a result, according to information from the Federal President’s office, he has been asked to delay his signature, which is required in order for the legislation to enter into force. This time the challenges include interim injunction applications, but we expect that if these are rejected, Germany will deposit its ratification of the Protocol on Provisional Application of the UPCA and not await the full decision. Read more
Considering how to enforce your IP rights online and make maximum use of the take-down procedures? Read Victoria Horsey, Joanna Silver and Sabesh Asokan’s practical tips in their practice notes, recently updated and published in Practical Law: • Enforcement of intellectual property rights across online platforms: injunctions A checklist on the circumstances in which a … Read more
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
We are co-hosting a webinar with the Federation Against Software Theft (FAST) on Wednesday 20 January 2021, where expert speakers from Herbert Smith Freehills will provide insights into topical issues such as ransomware and data class actions. Read more
The Unified Patent Court (UPC) took another step closer to coming into being on November 26 with a Bundestag vote passing the legislation necessary for Germany to ratify the UPC Agreement and the Protocol on Provisional Application with (more than) the two thirds majority found to be required by the German Federal Constitutional Court in … Read more
Our IP and Cyber practice presented a series of six client webinars from May to September this year looking at areas where technology disputes were likely to arise. The last of these was a wide ranging panel session which PLC Magazine published as a feature article in their December edition entitled Technology Disputes: The wave of the future.Read more
When the world finally emerges from the public health crisis that is COVID-19, we will all be reminded that the crisis presented by climate change remains, and looms larger than ever. Read more
The recent Supreme Court decision in Unwired Planet v Huawei answered many important questions about the UK court’s approach to FRAND disputes. However, it also left areas of uncertainty, particularly on the issue of jurisdiction. The High Court decision in Philips v TCL ([2020] EWHC 2553 (Ch)), handed down around a month after the Supreme Court’s judgment, confirms that the UK will take an expansive approach to its jurisdiction to determine FRAND licence terms. Read more
Andrew Moir and David Webb have today published an article about the recent Supreme Court FRAND decision in Unwired Planet in PLC Magazine. This article first appeared in the October 2020 issue of PLC Magazine. The article analyses the Supreme Court’s judgment, which provides welcome guidance on the UK’s approach to FRAND licensing, much of … Read more
