All Insights

Retail and Consumer

Supermarket clash underscores need for clarity from UK Supreme Court on trade mark bad faith

Bad faith claim succeeded in ongoing dispute but trade mark and copyright infringement and passing off still found

Life Sciences and Healthcare

Use of trade mark for food supplements does not amount to genuine use for pharma products

Food supplements are not considered as a sub-set of pharmaceutical products in class 5 for proving genuine trade mark use
Artificial intelligence

Generative AI: is its output protectable by intellectual property rights?

Creative AI engines can create new text, images, video and audio. Is there IP in this content and, if so
Unified Patent Court

New judicial code of conduct addresses partiality concerns over UPC part-time technical judges

A new code supplements rules on judicial independence and impartiality in the Unified Patent Court Agreement and Statute
Unified Patent Court

French, German and Italian UPC local divisions to now offer English as alternative language of proceedings

A late-stage U-turn may not provide claimants with as much control over language of proceedings as it initially appears
Unified Patent Court

UPC publishes list of the acceptable languages before the local and regional divisions

The language of proceedings has caused controversy but the system adopted provides some flexibility for claimants

Intellectual property

UPC: former London Central Division competences provisionally split between Paris and Munich

With the UK no longer participating, cases due to have been heard in London will be heard for now in
Intellectual property

Case management system problems for UPC underscore need to file opt-outs immediately

Application surge has highlighted that immediate action is required to avoid missing the 'sunrise' deadline
Intellectual property

Remanufacturing: How do intellectual property rights hinder the reprocessing of products?

The reprocessing of products – known as remanufacturing – is becoming increasingly economically relevant. This raises several questions regarding intellectual
Retail and Consumer

Retail tech patent protection invalid due to prior disclosure in negotiations, UK court rules

UK patent monopoly over automated warehouse system invalidated in battle between Ocado and former tech supplier AutoStore
Intellectual property

Unified Patent Court offers new opportunities for effective enforcement of European patents

The UPC becomes operational on 1 June and introduces major changes to patent litigation across Europe