The UPC has announced that the UPC Presidium has exercised its managerial power to decide that matters before the UPC that would have fallen under the patent classifications (A and C) that would have originally gone to London until the UK withdrew from the UPC Agreement, will be shared between Paris and Munich initially, as
Intellectual Property Notes
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The IP in AI: Does copyright protect AI-generated works?
In this instalment of our series The IP in AI, we take a look at the extent to which copyright and other rights currently provide protection for output generated by AI systems, including how concepts of ‘authorship’ and ‘originality’ may need to be adapted to meet the rapid growth of generative AI.
Read the full…
UPC Administrative Committee publishes guidance on case valuation methods, costs ceilings and court fees
The value of a case before the UPC will be determinative of court fees and the applicable ceilings for recoverable costs. So the UPC Administrative Committee’s publication of guidance on the determination of the value of a case before the UPC, alongside guidance on the scale of ceilings for recoverable costs, is welcome. A table of…
UPC publishes templates for court decisions and orders along with “non-binding” guidance
In order to ensure a “unified, European and consistent appearance and content of orders and decisions of the UPC”, a set of four templates (two for the Court of First Instance (CFI) and two for the Court of Appeal (CoA)) have been prepared and published by the UPC along with a series of non-binding “Guidances”…
Reckitt Benckiser throws cold water on Procter & Gamble’s new “30 Minute Miracle” dishwashing tablet
The ‘dishwashing wars’ continue; this product category has been the subject of a number of disputes between competitors in recent times (see previous blog posts here and here). In the latest instalment, RB (Hygiene Home) Australia Pty Ltd, part of the Reckitt Benckiser group of companies and the manufacturer of FINISH dishwashing products (RB),…
European Commission announces new centralised application procedure for SPCs, and a new Unitary SPC to accompany a Unitary Patent
By Merylhoney
As we reported last week (27 April 2023), the European Commission has issued proposals for a new SPC regime across the EU. Under the new proposal, i) a new centralised procedure for the grant of SPCs is introduced for medicinal products that have been centrally authorised, and ii) a new unitary SPC to complement the…
Bored Ape Yacht Club unregistered trade marks effective against copycat NFTs in Californian summary judgment
In a significant decision for NFT content owners worldwide, the producers of the Bored Aped Yacht Club NFT collection, Yuga, have successfully used unregistered trade mark rights and claims of false designation of origin under the US Lanham Act (as well as domain name squatting claims) to obtain a summary judgment against individual defendants who…
Big changes ahead for medicinal products in the EU – EU regulatory framework and incentives set to change
On 26 April 2023, the European Commission finally published its proposed amendments to the regulatory framework governing medicinal products in the EU. This the first major review of the EU regulatory framework for medicinal products since 2004, and in the Commission’s own words, it is aimed at “adapting the legislation to the needs of the…
New EU Patent Proposals published – Compulsory Licensing, an SPC for Unitary Patents and centralised SPC application procedure, and reforms to the SEPs system
The European Commission has today (27 April 2023) published proposals for changes impacting on patents in the EU in relation to compulsory licensing of patents in crisis situations, reforms to the Standard Essential Patents (SEPs) system (including the EUIPO being able to set SEPs licence fees worldwide) and the introduction of a Supplementary Protection Certificate…
Emma And Rebekah Talk IP: No deal! ACCC views on pharma patent dispute settlement
In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law.
In episode 18, Emma and Rebekah are joined by Patrick Gay, a Partner in Herbert Smith Freehills’ Competition, Regulation & Trade team. Together they unpack the ACCC’s 2022 draft determination which proposed…