All Insights
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Intellectual property
Destruction of Goods as a Corrective Measure Ordered by National Courts
Article 10(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement
Unified Patent Court
UPC's former London Central Division competences to be reallocated between Paris, Munich and Milan
The provisional Paris-Munich competence split will continue until the new agreement comes into force in June 2024
Intellectual property
Changes to legal professional privilege and trade secret protection in Poland
An amendment to the Act on Competition and Consumer Protection (ACCP) entered into force on 20 May 2023 . The
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
Intellectual property
European Commission takes a step forward in the fight against online piracy of sports and other live events
Commission recommends a non-legislative initiative to combat online piracy
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