Views on an evolving automotive industry – standards and essential patents

In the latest edition of the HSF Automotive sector's series of articles looking at the evolution of the industry Andrew Moir, Ina vom Feld, Frédéric Chevallier, David Webb and Laura Adde of our London, Düsseldorf and Paris IP teams consider some of the key issues surrounding standard essential patents or SEPs for those in the sector. These include, in particular, how standards work, their role in the Automotive sector, how fair, reasonable and non-discriminatory (FRAND) licensing operates, and the risks of litigation and the varying approaches across Europe (in the UK, Germany and France in particular). Read more

Trust on a plate: consumer confidence and food safety

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

Jurisdictional tussling: the UK is open for business on FRAND

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

Glaxo’s purple inhalers fail to get trade mark protection

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

The Unified Patent Court – on the move again?

The UPC Preparatory Committee met yesterday (10.9.20) to discuss UK withdrawal and German ratification. It agreed that, on a temporary basis (in order not to delay the start of the UPC system further), Munich and Paris would split the workload London would have taken as the life sciences seat of the central division of the UPC.  Milan looks to be a lead candidate for the location of this seat of the central division in the longer term. Read more

The CJEU’s decision in Santen confirms a restrictive interpretation of ‘product’ under article 1(b) and 3(d) of the SPC Regulation, and rejects the possibility of an SPC based on a Marketing Authorisation for a new use of a previously authorised product

On 9 July 2020, the Grand Chamber of the Court of Justice of the European Union (“CJEU”) handed down its decision in Santen SAS v Directeur général de l’Institut national de la propriété industrielle (C-673/18), a reference from the Paris Court of Appeal concerning the interpretation of Articles 1(b) and 3(d) of Regulation (EC) No … Read more