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

The Trade and Cooperation Agreement and its impact on IP, Pharma and Medical Devices

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

FLAG meeting: Ransomware and data class actions

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