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

Change ahead? UKIPO publishes outcome of AI consultation and considers legislative reform

In September 2020 we reported that the UK Intellectual Property Office (‘UKIPO’) had launched a call for views on the relationship between artificial intelligence (‘AI’) and intellectual property rights. The outcome of that consultation has now been published. We summarise the key takeaways below. Key findings The majority of respondents agreed that: the law in … Read more

Regulatory Disputes in the Consumer Sector: podcast & briefing

Businesses who deal with consumers will generally wish to have a good relationship with Government, regulators and other public authorities. However, there are times when a company’s interests are such that they come into conflict. At those times companies may wish to consider how that conflict might be resolved if it were to reach court. Last June, we created a guide to Regulatory Disputes in the Consumer Sector. Our guide and podcast are designed for businesses that interact with consumers, for example, selling products to the public direct or through retailers, who might have to consider how to proceed when regulatory matters become contentious, and indeed those who work at regulators themselves. Read more

Judicial review – another weapon in Big Pharma’s disputes arsenal?

The life sciences and healthcare sector is subject to complex regulation and decisions of Government bodies can have a significant impact on the availability and production of pharmaceutical products.  Where Government bodies take decisions of this nature, and there is no other recourse available, judicial review provides an avenue to healthcare companies and others to challenge Government decisions. Herbert Smith Freehills has had a practice note published in Practical Law which considers the various grounds of judicial review, the application of these grounds to specific cases in the healthcare sector and some particular considerations to be taken into account when making a judicial review application. Read more

High Court finds clause imposing harsh consequences for breach of term aimed at protecting IP rights was not an unenforceable penalty

In a recent decision, the High Court has found that a clause in a settlement agreement which was aimed at protecting a business’s IP rights was not penal, despite imposing “undoubtedly extremely harsh” consequences for breach of certain obligations in a settlement agreement. Under the clause, the relevant party would cease to receive any payment … Read more

Patent pending: the law on AI inventorship

Last year the UK High Court decided that an AI system cannot be named as inventor on a patent application within the meaning of the Patents Act 1977, simply because an AI is not a person – but with the UKIPO recently calling for views on AI inventorship, could a change in law be on … Read more