Intellectual Property UK

  • February 21, 2024

    Lidl Tackles 'Bad Faith' TM Claims In Tesco Clubcard Spat

    Counsel for Lidl argued on Wednesday that a London court was wrong to rule that the German retailer had registered a trademark for a wordless variant of its logo in bad faith, as intellectual property lawyers await further guidance from the U.K.'s top court.

  • February 21, 2024

    End Of The Line For Cable-Laying Machine Patent Dispute

    A European patent board has revoked an Italian infrastructure company's protections for a cable-laying machine, concluding that it was obvious and others would have eventually figured out how to make it.

  • February 21, 2024

    Distiller's Amazonian TM Fails To Swing EU Court On Appeal

    A Spanish distiller lost his bid on Wednesday to register a trademark for "Amazonian Gin Co.," when a European court ruled that the mark was too descriptive of the origins and ingredients of the product.

  • February 21, 2024

    Patent Plausibility Faces Uncertain Future At The EPO

    A landmark decision by the European Patent Office to allow evidence submitted after filing a patent application to be used to prove whether a patent is "plausible" has left many questions unanswered. Here, lawyers in the IP sector look for those answers.

  • February 21, 2024

    Satoshi Associates Deny Wright's Claim To Be Bitcoin Creator

    Two cryptocurrency specialists who had interactions with the pseudonymous inventor of bitcoin in the 2000s told a London court on Wednesday that they do not believe Craig Wright's claims to be the elusive Satoshi Nakamoto.

  • February 20, 2024

    Tesco Branding Does Suggest Price-Matching, Lidl Tells Court

    Counsel for Lidl told an appeals court Tuesday that a London judge was clear in its reasoning why rival supermarket Tesco's club card branding conveyed a "price matching message" to its shoppers in order to benefit from Lidl's reputation for discount prices.

  • February 20, 2024

    Lundbeck Patent For Alcohol Dependence Treatment Fails

    A European appellate board refused to let Lundbeck patent an alcohol-dependence treatment, ruling that it might have been new, but other scientists would have eventually reached the same conclusion about which patients were most likely to benefit from a drug.

  • February 20, 2024

    Straumann Scores Win In Dental Implant Patent Appeal

    A dental implant maker has won its bid to patent an implant with a ceramic surface made of zirconia, after European patent officials found that an amended version was not obvious.

  • February 20, 2024

    Piping Hot Can't Ride TM Wave For Sea-Inspired Products

    An Australian company has failed to register a trademark for "Sea by Piping Hot," after European intellectual property officials ruled that shoppers might think it was a new line of products from U.S. supplement maker Piping Rock.

  • February 20, 2024

    Top 5 Cases To Watch At The Unified Patent Court

    The long-awaited opening of Europe’s Unified Patent Court has brought a period of uncertainty, leaving patent litigators navigating a new frontier for IP disputes and watching closely for the first major decisions set to be handed down in 2024.

  • February 19, 2024

    Tesco Says Judge 'Over-Impressed' By Lidl TM Evidence

    Tesco argued in an appeals court Monday that a judge relied too heavily on accounts from consumers to determine whether it had tried to pass off its products as being as good as Lidl's when it adopted fresh branding for its loyalty pricing scheme.

  • February 19, 2024

    Unilever Dissolves P&G's Laundry Powder Patent

    Unilever has convinced a European patent board to scrap Procter & Gamble's protection for technology used to dry out laundry powder, with officials concluding the same process was set out in manufacturing handbooks from decades ago.

  • February 19, 2024

    UK Poised For TM Reforms After Joining Pacific Trade Bloc

    Now that the U.K. has signed up to a trans-Pacific trade bloc worth approximately £12 trillion ($15 trillion), intellectual property professionals are preparing for a handful of changes to trademark and geographical indications likely to be introduced in 2024,

  • February 19, 2024

    Oatly Loses Fight To Block 'Oat My Gosh' Milk TM

    Swedish oat drink company Oatly has lost its fight to nix an "Oat My Gosh" trademark after a European intellectual property authority concluded that consumers were unlikely to confuse the two brands.

  • February 19, 2024

    Brainlab Patent Appeal Fails For Surgery Planning Image Tool

    Brainlab AG has failed to patent an imaging system for anatomical structures that shows soft and hard tissue, as European patent officials ruled that the device lacked any inventive step.

  • February 19, 2024

    Medtronic, Boston Scientific Get Rival's Pain Patent Nixed

    Medtronic and Boston Scientific have persuaded European officials to revoke the protections of a rival over its spinal cord stimulation treatment after showing that the company amended its patent beyond the scope of its beyond the original application.

  • February 16, 2024

    Fox Williams Fights To Nix £30M Game Show Negligence Case

    Fox Williams LLP urged a London court Friday to strike out a media company's allegations that the firm botched its game show copyright claim and caused it to lose out on at least £30 million ($37.4 million).

  • February 16, 2024

    Philip Morris Revives Tobacco Heating Patent On Appeal

    Philip Morris saved its e-cigarette patent from going up in smoke after a European appellate board rejected a British American Tobacco unit's challenge, the latest chapter in the tobacco giants' court battles over the technology.

  • February 16, 2024

    6 Questions For Quinn Emanuel's David Lancaster

    Quinn Emanuel Urquhart & Sullivan LLP's London IP chief David Lancaster talks to Law360 here about the challenges posed by the new Unified Patent Court and the U.K.’s role in European IP litigation after Brexit.

  • February 16, 2024

    Europe's IP Office Rolls Out New Search And Filing Platforms

    The European Union Intellectual Property Office has said that it is introducing five new tools to its online search and filing system as it seeks to streamline the exploration of trademark and design databases.

  • February 16, 2024

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

    This past week in London has seen a legal battle erupt between JPMorgan and the founder of a Greek payments company following a dispute over the valuation of their jointly owned fintech business, the children of late Russian oligarch Vladimir Scherbakov face a claim by Fieldfisher LLP, the Director of Education and Training at the Solicitors Regulation Authority tackle a claim by two solicitors, and train operator First MTR South Western Trains file a claim against a security company. Here, Law360 looks at these and other new claims in the U.K.

  • February 16, 2024

    French Software Biz Granted Opposition In TM Dispute

    Bodet Software has partially won its bid to challenge a trademark owned by SMS Evoko Group over conference phones and tablet stands, with the Intellectual Property Office saying the logos of the two companies are similar enough to cause confusion.

  • February 16, 2024

    Chinese Co. Can't Protect 'Ambiguous' Video Tech Patent

    A Chinese surveillance tech manufacturer can't register its "hybrid video encoding" patent because it failed to explain clearly how the product works, the European Patent Office has ruled.

  • February 15, 2024

    Newron Can't Get Parkinson's Drug Patent Widened On Appeal

    Newron Pharmaceuticals can't get additional patent protections for its Parkinson's treatment Xadago, the Court of Appeal ruled Thursday, rejecting Newron's assertion that judges failed to properly distinguish between the formula and the usage of its product.

  • February 15, 2024

    Looming Reforms Prompt Questions On SEP Licensing

    Market players, regulatory bodies and the judiciary seem to be shifting in favor of companies that want to license patents essential to standardized technologies such as Bluetooth, Wi-Fi and cellular standards, but some lawyers question whether these changes are necessary.

Expert Analysis

  • New Reduced EPO Fees May Shift Applicant Demographics

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Major EU AI Banking Ruling Will Reverberate Across Sectors

    Author Photo

    Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!