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Intellectual Property UK
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June 14, 2024
Bitcoin 'Inventor' Drops Case Against Software Developers
Lawyers for the man who failed to prove he invented bitcoin told a London court on Friday that he has dropped a case brought by his company against software developers as it also turned on his claim to be the pseudonymous inventor of the virtual currency.
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June 13, 2024
Labour, Tories Tout AI Innovation While Skirting IP Concerns
Both major parties have vowed in their election manifestos to position the U.K. at the forefront of artificial intelligence development and to use the technology to bolster public services, but they largely ignored complaints that developers have run roughshod over intellectual property rights.
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June 13, 2024
Shakespeare Martineau-Led Armor Biz Buys Rival's IP Assets
A Shakespeare Martineau LLP-led armor manufacturer has secured a rival company's intellectual property portfolio after it entered administration earlier this year, the law firm said Thursday.
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June 13, 2024
Uber Wipes Out Cleaning Co.'s 'UberPro' TM
Uber convinced U.K. intellectual property officials to throw out a Swedish cleaning company's "UberPro" trademark, with the intellectual property body concluding that customers' negative experiences with the cleaning business could damage the ride-hailing giant's reputation.
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June 13, 2024
Meta Facing Complaint Over Plans To Train AI With User Data
A Norwegian consumer protection group has hit Meta with a legal challenge over its plans to deploy its users' data — including images and posts — to train artificial intelligence models.
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June 13, 2024
Influencer Style Platform Loses Screenshot Linking Patent
An influencer shopping platform cannot patent a screenshot-analyzing method that gives users links for the advertised shirts or heels displayed in the pictures, after European officials ruled it was adding in extra features that weren't in the original application.
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June 13, 2024
Samsung Polishes Off Cleaning Robot Patent Protests At EPO
Samsung has beaten a challenge to the validity of its European patent over a cleaning robot, convincing an appeals panel that the design adopted multiple sensors in a way that wasn't obvious.
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June 12, 2024
Nike 'Footware' TM Too Descriptive To Defeat Puma Challenge
Nike cannot resurrect its trademark for the phrase "footware," a European Union court ruled on Wednesday, siding with rival Puma that the word was too descriptive to warrant intellectual property protections.
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June 12, 2024
Anheuser's TM 'Ultra' No More As EU Court Sides With Amstel
Amstel on Wednesday was successful in persuading a European Union court to overturn a ruling that Anheuser-Busch's "Ultra" beer trademark is distinctive, proving that it's a generic term that does not merit protection.
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June 12, 2024
Sony Music Unit Sued By Label Over Viral TikTok Hit
Sony Music unit Ministry of Sound Records has been hit with a copyright claim by a U.K. record label for releasing a version of artist Jay Sean's 2008 hit "Ride It" after a DJ's remake went viral on TikTok.
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June 12, 2024
Tour De France Loses Fight Against Gym's 'Tour De X' TM
The organizer of the Tour de France cycle race lost its challenge against a German gym chain's "Tour de X" trademark Wednesday, after a European court ruled that many cycling competitions use the words "tour de."
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June 12, 2024
Google's GPay TM Gets Declined In Europe
Google lost its appeal on Wednesday after seeking to revive its "GPay" trademark for electronic payment services as a European court ruled that a Bulgarian rival had already cornered the digital market with "ePay."
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June 11, 2024
Lenovo Knocks Bid To 'Treble' Payment For SEPs
Lenovo hit back at InterDigital's contentions that a landmark patent ruling underestimated what the Chinese company should pay to license its essential wireless technology patents, claiming that the bid to "essentially triple" the sum should be thrown out.
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June 11, 2024
Alaska Airlines Loses Fight To Dodge $160M Virgin Royalties
Alaska Airlines lost its fight against Virgin on Tuesday to avoid paying $160 million in royalties, with a London appeals court ruling that the carrier still had to pay even if it did not use Virgin's branding.
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June 11, 2024
Nike Loses Appeal Against Geox Boomerang-Shaped TM
Nike failed to stop Geox from registering a boomerang-shaped trademark after European officials rejected the sportswear giant's arguments that the shape was too simple and didn't send buyers a message about the goods' origin.
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June 11, 2024
Klarna Gets 2nd Shot To Trim Startup's 'Klar' TM
Buy-now, pay-later giant Klarna has won another chance at restricting a German data analytics' "Klar" mark, after a European appeals board ruled the officials had not properly taken the fintech's reputation into account.
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June 11, 2024
Berkshire Hathaway Unit Loses Patent For Engine Lubricant
A specialty chemical maker has convinced European officials to revoke a patent covering an engine lubrication system belonging to Berkshire Hathaway-owned Lubrizol by arguing that scientists would have eventually made the invention without much effort.
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June 11, 2024
Royal Mail Accused Of Monopoly In Address Database Dispute
A software developer has hit back at Royal Mail's copyright infringement claim, accusing the postal service of holding a monopoly over the market for address searching software in the U.K.
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June 10, 2024
University, Astellas Fight To Keep Prostate Cancer Patent
The University of California's governing board clashed with three generic-drug makers trying to revoke the institution's patent for a prostate cancer drug in a London court Monday, arguing that the institution's patent should be ruled to be innovative and not obvious.
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June 10, 2024
InterDigital Says Court Lowballed Lenovo FRAND Rate
Counsel for InterDigital told a London appeals court Monday that a trial judge failed to adjust for "heavy discounts" on past sales when determining a fair, reasonable and non-discriminatory licensing rate for Lenovo to pay for a suite of its essential wireless technology patents.
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June 10, 2024
Frozen Cocktail Biz Melts Gelato Chain's 'Amori' TM Protests
A gelato chain cannot block a frozen cocktail company from registering its "Amori Gelato Cocktails" trademark because there's no real risk of consumers confusing the mark with its earlier "Amorino" sign, the U.K. Intellectual Property Office has ruled.
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June 10, 2024
Gilead Beats Fresh Challenge To Hepatitis C Drug Patent
Gilead Pharmasset LLC has beaten a challenge from a group of pharmaceutical rivals to its patent for a hepatitis C drug, dealing a fresh blow to medical nonprofits that have fought to open the door to cheaper generics.
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June 10, 2024
Oil Well Plugging System Does Not Infringe Rival's Patent
Two technology companies have won a declaration that their oil well plugging device does not infringe a rival's patents over similar tech, convincing an intellectual property officer that the systems "wash" disused wells in different ways.
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June 10, 2024
Luxembourg Research Institute Loses Database Patent Bid
A Luxembourg research organization on Monday lost its bid to register a patent for algorithms for updating databases, with a European Patent Office appeals board concluding that the method was obvious to a person skilled in computing.
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June 10, 2024
Amazon Sold Facial Tech To Russia, Ex-Employee Alleges
A former Amazon worker has alleged that the technology giant sold facial recognition software to a Russian company in violation of U.K. sanctions.
Expert Analysis
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UMG-TikTok IP Rift Highlights Effective Rights Control Issues
Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.
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Bribery Class Action Ruling May Revive Bifurcated Processes
The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.
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Ocado Appeal Outcome Will Gauge UPC Transparency
As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.
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Businesses Using AI Face Novel Privacy, Cybersecurity Risks
Rapid advancements in artificial intelligence are resulting in complex privacy and cybersecurity challenges for businesses, and with the forthcoming EU AI Act and enhancement of existing laws to ensure a high common level of security, key stakeholders should be empowered to manage associated risks, say lawyers at Goodwin.
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Following The Road Map Toward Quantum Security
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.
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AI Is Outpacing IP Law Frameworks
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.
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New Reduced EPO Fees May Shift Applicant Demographics
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.
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Mitigating And Managing Risks Of AI Use In Private Equity
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.
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Aldi Design Infringement Case Highlights Assessment Issues
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.
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Generative AI Raises IP, Data Protection And Contracts Issues
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.
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Vodafone Decision Highlights Wide Scope Of UK's FDI Rules
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.
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What The EU AI Act Could Mean For Patent Law
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.
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Considering A Practical FRAND Rate Assessment Procedure
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.
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How AI Inventorship Is Evolving In The UK, EU And US
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.
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Cos. Should Plan Now For Extensive EU Data Act Obligations
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.