Intellectual Property UK

  • March 01, 2024

    AI Art Tool Doesn't Infringe Getty IP, Stability Says

    The British company tied to popular artificial intelligence art platform Stable Diffusion has denied claims that it developed or used the software in any way that infringes Getty Images' intellectual property, marking a new chapter in the premier U.K. copyright claim over generative AI.

  • March 01, 2024

    TikTok Can't Shut Down Rival App TM Despite Identical Biz

    TikTok failed to stop the maker of the recently shuttered Tiki app from registering a trademark over its name, after U.K. intellectual property officials ruled that consumers wouldn't mix them up despite covering "self-evidently identical" goods.

  • March 01, 2024

    Wright Blames Enemies For Forged Email In Satoshi Trial

    Craig Wright hit back on Friday at accusations that he forged an email amid a trial over his claims that he is the inventor of bitcoin, telling a London court that an enemy could have doctored the message to sabotage his case.

  • March 01, 2024

    5 Questions For Mishcon De Reya's Campbell Forsyth

    When the British army mobilized Campbell Forsyth full-time shortly after 9/11, his comrades could hardly have predicted that he would become a deputy High Court judge less than two decades later. Here, he gives Law360 a window into his life as a judge and reflects on his journey into patent litigation.

  • March 01, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.

  • March 01, 2024

    Printing Biz Revives Image Tech Patent Hopes At EPO

    A tech company has won another shot at getting a European patent for its image printing method, persuading an appeals panel that officials should not have blocked the application for a lack of clarity on insignificant aspects of the design.

  • February 29, 2024

    Bioscience Biz Can't Restore Catheter Needle Patent At EPO

    A bioscience company can't revive its European patent over a catheter needle safety device because the design's only new aspect — the plastic material it's made from — isn't inventive, an appeals panel said Thursday.

  • February 29, 2024

    EU SEP Bill Advances But Battle Over Impact Has Just Begun

    The European Parliament has voted overwhelmingly for reforms to the current standard-essential patent system, but experts expect critics to double down their efforts to amend the controversial proposal before it becomes law.

  • February 29, 2024

    Psychologist Beats Speech Therapist In 'Optima' TM Clash

    A psychologist has won his fight to nix a speech therapist's trademark for an "Optima Speech Therapy" logo, with the U.K. Intellectual Property Office concluding that customers would probably confuse the proposed mark with his own Optima brand.

  • February 29, 2024

    'Compton' TM Revived Over Weak NWA Rap Knowledge

    A European court has restored a Swiss company's "Compton" trademark for streetwear, finding that consumers were unlikely to have sufficient knowledge of gangsta rap to link it with the California city that found notoriety through a track by N.W.A.

  • February 29, 2024

    Skechers Out Of The Running With 'Just Step In' TM

    American sneakers giant Skechers has lost its bid for trademark protection over its "Just Step In" branding, with the European intellectual property authority saying the sign was not distinctive because the ordinary consumer would intuitively know it refers to slip-on footwear.

  • February 28, 2024

    Dexcom Rival Fights Its Bid To Tweak Glucose Monitor Patent

    A Korean medical tech company has asked a London court to block Dexcom's bid to tweak its diabetes management patent to avoid losing protections should the court rule that it's invalid.

  • February 28, 2024

    IPO Launches Campaign To Fight Risky Fake Cosmetics

    The Intellectual Property Office said Wednesday it wants to crack down on demand for fake beauty and hygiene products with a campaign designed to educate consumers called "Choose Safe Not Fake," following research that buyers were unaware of the health risks they posed.

  • February 28, 2024

    Locksmith Sued For Cutting Copy Of Patented Key

    An Austrian security business has sued a London locksmith for allegedly infringing its patent by cutting copies of a key that used a protected locking design.

  • February 28, 2024

    Puma Can't Claw Back Baking Co.'s Jumping Feline TM

    Puma failed to stop a French baking company from registering a trademark of a bounding feline with the words "Bertrand Puma," after a European court ruled that baking tools were leaps away from the athletic company's products.

  • February 28, 2024

    UK Contributes Second-Largest Number Of Reps To UPC

    The U.K. has pulled out of Europe's unified patent jurisdiction, but that hasn't stopped British practitioners from becoming the second-biggest national contingent authorized to represent clients before Unified Patents Court. Experts have told Law360 that they are betting on English becoming its lingua franca.

  • February 28, 2024

    Microchip Power Efficiency Patent Gets Green Light At EPO

    An electrical components specialist has won a European patent over its microchip power efficiency technology, convincing an appeals panel that examiners did not have good enough reasoning to conclude that the design lacked an inventive step.

  • February 27, 2024

    PTAB Takes Up Challenge To Dyson Hair Dryer Patent

    An administrative patent board has decided to look into a petition from a Massachusetts home appliance brand that makes the case that the U.S. Patent and Trademark Office should never have issued a patent to Dyson covering a kind of hair dryer.

  • February 27, 2024

    Construction Biz Loses Challenge To Wall Tech IP Ownership

    A construction company lost its appeal Tuesday in its latest bid to assert intellectual property rights over a wall paneling system, with the judges saying the true owner of the patent is a now-bankrupt executive.

  • February 27, 2024

    Aldi Loses Appeal In M&S Gin Bottle Design Spat

    Aldi lost its appeal Tuesday that challenged a ruling that it copied the design of a line of Marks & Spencer light-up gin bottles after an appeals court rejected its arguments that a grace period should factor into the calculations.

  • February 27, 2024

    Gowling Launches AI Tool To Fight Online Infringement

    Gowling WLG on Tuesday launched an AI-powered service to protect brands against various forms of online infringement, allowing users to request the filing of takedown notices "at the click of a button."

  • February 27, 2024

    Moderna COVID Patent Case To Set Tone For Future Litigation

    A legal battle between rival developers of COVID-19 jabs over the technology underlying the vaccine could set the tone for future litigation, with intellectual property lawyers expecting a pledge made by Moderna at the height of the pandemic to dominate proceedings.

  • February 27, 2024

    Skullcandy Gets 'Numskull' TM Narrowed At UK IP Office

    Skullcandy Inc. has persuaded U.K. intellectual property officials to cut a merchandise producer's protections under its "numskull" trademark application, proving that the sign takes unfair advantage of the audio specialist's reputation.

  • February 27, 2024

    Game Developer Accuses Rival Of Copying Mobile Game

    A French mobile game developer has accused a rival of infringing U.K. copyrights for its racing game app Pocket Champs to piggyback off its success.

  • February 26, 2024

    UK Photog Drops Copyright Claims Against Cannabis Co.

    A photographer who accused a cannabis licensing firm of using his image of the Empire State Building to push sales without his say-so has quietly dropped his copyright suit in New York federal court.

Expert Analysis

  • Following The Road Map Toward Quantum Security

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    With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.

  • AI Is Outpacing IP Law Frameworks

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    In Thaler v. Comptroller-General, the U.K. Supreme Court recently ruled that artificial intelligence can't be an inventor, but the discussion on the relationship between AI and intellectual property law is far from over, and it's clear that technology is developing faster than the legal framework, says Stephen Carter at The Intellectual Property Works.

  • New Reduced EPO Fees May Shift Applicant Demographics

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    The upcoming European Patent Office fee reduction scheme, aimed at helping smaller organizations access the patent system, is a positive step that could help shift the applicant demographic, which has typically been dominated by larger businesses, says Annabel Williams at Marks & Clerk.

  • Mitigating And Managing Risks Of AI Use In Private Equity

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    While generative artificial intelligence has the ability to transform private equity firms and their portfolio companies, its deployment brings inherent risks, including those presented by the forthcoming EU AI Act, requiring appropriate risk management strategies, processes and policies to be adopted, says Barry Fishley at Weil.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Vodafone Decision Highlights Wide Scope Of UK's FDI Rules

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    The U.K. government’s recently imposed conditions required for its approval of Vodafone and Etisalat’s strategic relationship agreement under its National Security and Investment Act jurisdiction, illustrating the significance of the act as an important factor for transactions with a U.K. link, says Matthew Hall at McGuireWoods.

  • What The EU AI Act Could Mean For Patent Law

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    As the EU Artificial Intelligence Act has now been endorsed by all member states, companies and patent owners with interests in the bloc may want to prepare for when the act enters into force, including by considering potential subject matter exclusions, says Terence Broderick at Murgitroyd.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • How AI Inventorship Is Evolving In The UK, EU And US

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    While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.

  • Cos. Should Plan Now For Extensive EU Data Act Obligations

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    The recently enacted EU Data Act imposes wide-ranging requirements across industries and enterprises of all sizes, and with less than 20 months until the provisions begin to apply, businesses planning compliance will need to incorporate significant product changes and revision of contract terms, say Nick Banasevic, Robert Spano and Ciara O'Gara at Gibson Dunn. 

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

  • Acquisition Of AI Tech Poses Challenges For Media Industry

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    The artificial intelligence regulatory landscape is changing quickly, and media and entertainment companies planning to acquire AI technology through a merger, acquisition or licensing deal should be mindful of potential new compliance requirements and AI-specific insurance products, say lawyers at Covington.

  • Cos. Should Weave Metaverse Considerations Into IP Strategy

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    In light of the increasing importance of intellectual property protection in digital contexts, including a growing number of court rulings and recent updates to the classification of digital assets, companies should include the metaverse as part of their trademark strategy to prevent potential infringements, says Gabriele Engels at D Young & Co.

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