How can genetic data collected by in vitro diagnostics providers be legitimately processed under GDPR?

In vitro diagnostics offerings necessarily involve the collection of vast amounts of sensitive health data. This information is an invaluable resource for better understanding the genomic basis of disease, and making improvements to diagnostic offerings. It is imperative that stakeholders get it right when it comes to processing individuals' data and maintaining public trust, so that they can continue to exploit these rich datasets. Over the coming weeks HSF will publish a series of posts exploring issues that arise when processing this kind of data in accordance with the GDPR. Read more

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

Sky kicks trade mark bad faith claims back into the box as Court of Appeal allows its appeal in Sky v SkyKick

The Court of Appeal of England and Wales has granted Sky's appeal from the High Court decision that had held that some of its trade mark registrations were applied for in part in bad faith. The Court of Appeal found that it was not bad faith not to have an intention on application to use a mark for everything that could fall within a specification term (here "computer software"), nor was there a requirement to demonstrate a commercial strategy for using every type of good or service that could fall within a general description. The decision reaffirms that bad faith will only be found in exceptional circumstances, which were ultimately not found in this case. 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

NHS fails in appeal on ‘unlawful means tort’ in claim for damages allegedly caused by Servier’s actions in delaying generic market entry

There seems to be growing trend whereby the UK NHS is taking proactive steps to seek damages from pharmaceutical originators based on allegations that the originators wrongly prevented generic products from entering the market as early as they otherwise would have done.  In the latest example, in circumstances where it seems the NHS did not obtain an undertaking from Servier to pay damages to the NHS for an interim injunction obtained in 2006, the NHS has taken a claim for £220 million damages from Servicer, based on the tort of causing loss by unlawful means, all the way the UK Supreme Court. Read more