Intellectual Property UK

  • 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.

  • February 26, 2024

    French Media Giant Can't Kill '+Music' TM

    French media giant Canal+ failed to stop the registration of the trademark "+music," when European intellectual property officials ruled that consumers would not confuse it with the TV brand for a majority of registered goods.

  • February 26, 2024

    Temu Accuses Shein Of Scaring Suppliers Away

    Temu has accused Shein of trying to subvert its operations through anti-competitive behaviors, claiming that its ultra-fast fashion rival has cornered suppliers and inundated it with "baseless notices" to disrupt U.K. sales.

  • February 26, 2024

    Cancer Drug Patent Obvious From Earlier Study, EPO Rules

    A pharmaceutical company has lost its cancer drug patent after the European Patent Office ruled that it was not inventive due to a previous study of the same treatment.

  • February 26, 2024

    A&O Hires Patent Litigator From Bristows

    Allen & Overy LLP announced on Monday that it has recruited a specialist in patent litigation from Bristows LLP ahead of its merger with Shearman & Sterling LLP.

  • February 26, 2024

    Keep It Secret Or Safe? AI Developers Face Hard Choice On IP

    Companies developing generative artificial intelligence models will have to decide whether to keep their innovations under wraps as the technology explodes in popularity — or whether stronger patent protections are worth the risk to publicize their product, experts say.

  • February 26, 2024

    Dental Software Biz Bites Back In Infringement, Fraud Claim

    A dental software company has hit back against allegations of copyright infringement from a rival, saying the other business is seeking to intimidate it and only wants to cause commercial damage to a competitor.

  • February 23, 2024

    Toyota Engine Patent Stalls At EPO For Lack Of Inventive Step

    Toyota has lost protections over its exhaust heat recovery system after an emissions specialist showed that the Japanese automotive giant's engine tech lacked an inventive step, the European Patent Office said Friday.

  • February 23, 2024

    'Dry January' Campaign Launcher Can't Trademark Name

    A British nonprofit organization has failed to register a trademark for "Dry January," after the country's intellectual property officials ruled that it simply described non-alcoholic drinks and had become too widely used to become exclusive.

  • February 23, 2024

    EasyGroup Hits Dead End In 'EasyTaxi' TM Battle

    EasyGroup Ltd. has lost its fight to keep a trademark for "easyTaxi" after a European Union intellectual property authority concluded that the brand is merely descriptive and "devoid of distinctive character."

  • February 23, 2024

    Philips Patent Gets Brushed Off On Appeal

    Philips has failed to patent a method for tracking the movement of a toothbrush inside the mouth after European officials ruled that the amendments proposed by the Dutch electronics giant extended beyond its original application against the rules.

  • February 23, 2024

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

    This past week in London has seen Tesco target competing retailer Lidl with a copyright claim as they battle in the Court of Appeal over the design of Tesco’s Clubcard, the directors of a taxi business sue the creator of an AI route mapping app for professional negligence, Global Aerospace Underwriting Managers tackle an aviation claim by an Irish investment company, and Robert Bull hit with a general commercial contracts claim by Hancock Finance.

  • February 23, 2024

    Fox Williams Beats £30M Game Show IP Negligence Claim

    Fox Williams won its bid Friday to strike out a media company's case that the law firm bungled its game show copyright claim and caused it to lose out on £30 million ($38 million), as a court ruled that the claim was "hopeless."

  • February 23, 2024

    Big Brands Face Do-Or-Die Decision On Russian TMs

    The Russian government has broadly upheld the intellectual property rights of foreign companies since international brands pulled out of the market, but the clock is ticking for cancelation proceedings if they don't get back to business in the next year, experts warn.

  • February 22, 2024

    HD Hyundai Loses TM Appeal Over Abstract Rival Sign

    An American company can register an "abstract" trademark after European intellectual property officials ruled that it was not similar to HD Hyundai's earlier marks, as consumers would only see vertical bars rather than a word.

  • February 22, 2024

    Sony Loses Bid To Stop Hendrix Bandmates' Copyright Trial

    Sony Music lost another attempt on Thursday to avoid facing a copyright challenge in England over music royalties from Jimi Hendrix's band, with a London judge saying the estates of his bandmates have an arguable case over IP rights for music streaming services.

  • February 22, 2024

    Britvic Sues Slushie Machine Biz Over Tango Ice Blast TM

    Soft drinks giant Britvic has sued a U.K. slushie machine business for allegedly infringing the copyright for its Tango Ice Blast drinks by mimicking the branding for its own drinks machines.

  • February 22, 2024

    Cypriot Companies Can't Halt Halloumi Registration

    A group of cheese-makers have failed to prevent the registration of "Halloumi" as a protected designation of origin, with a European court ruling that the application did not depart from previous national standards about its ingredients.

Expert Analysis

  • 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.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

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