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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
Consumer confidence in the origins and safety of the food they purchase and consume is a significant aspect of food brand protection and longevity. Maintaining that confidence involves the use of many different strategies, rights and regulatory controls at national and international level.
In Trust on a plate: consumer confidence and food safety, the latest briefing in our Future of Consumer series, contributors Italy, Australia, the UK, China, Indonesia and across the EU cover food trust issues including geographical indications, labelling, supply chain transparency and food crime. Read more
Geographical indications have been receiving increasing levels of attention recently: The UK has announced a new system for GIs which will come into effect at the end of the Brexit transition period (see our post here); the EU has recently concluded an agreement on the mutual recognition of GIs with China (see more on this … 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
From 1 January 2021, the UK will set up its own GI scheme which will be managed by the Department for Environment, Food and Rural Affairs (DEFRA). The scheme will be open to producers from the UK and from other countries worldwide. New GIs can be registered under the scheme from 1 January. Read more
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
The UK Intellectual Property Office has published its call for views on artificial intelligence (‘AI’) and intellectual property (‘IP’). The IPO is interested in understanding the implications that AI might have for IP policy, and vice versa, in the near to medium future. To respond, email AIcallforviews@ipo.gov.uk before 11:45 pm on 30 November 2020. Overview … Read more
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
In this webinar, we will recap on the development of the routes available for copyright owners to enforce their rights online; the expansion of this remedy to address counterfeits and trade mark infringement online, and the impact of the most recent case law in this area, including the CJEU's recent decision in Coty v Amazon.Read more
