Can AI qualify as an “inventor” for the purposes of patent law? – UK Human Rights Blog

‘The Court of Appeal has ruled that an artificial intelligence machine cannot qualify as an “inventor” for the purposes of Sections 7 and 13 of the Patents Act because it is not a person. Further, in determining whether a person had the right to apply for a patent under Section 7(2)(b), there was no rule of law that new intangible property produced by existing tangible property was the property of the owner of the tangible property, and certainly no rule that property in an invention created by a machine was owned by the owner of the machine.’

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UK Human Rights Blog, 28th September 2021

Source: ukhumanrightsblog.com

Gag warfare: standups in legal row over ‘stolen’ comedy routine – The Guardian

Posted September 27th, 2021 in artistic works, defamation, intellectual property, news, plagiarism by sally

‘Kae Kurd begins libel case at high court against Darius Davies over public accusations of plagiarism.’

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The Guardian, 24th September 2021

Source: www.theguardian.com

Court clarifies law on pharma patent claims – OUT-LAW.com

Posted September 3rd, 2021 in appeals, disclosure, intellectual property, medicines, news, patents by tracey

‘Pharmaceutical manufacturers that claim patent rights over multiple compounds on the basis of a general formula will welcome a new ruling by the Court of Appeal in London, experts in patent litigation have said.’

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OUT-LAW.com, 2nd September 2021

Source: www.pinsentmasons.com

New guidelines to sentence trade mark offences published – Sentencing Council

‘Two new sentencing guidelines for sentencing individuals or companies that sell or possess counterfeit goods intended for sale were published by the Sentencing Council today, following consultation.’

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Sentencing Council, 5th August 2021

Source: www.sentencingcouncil.org.uk

Oatly loses trademark battle against Glebe Farm over oat milk – BBC News

Posted August 6th, 2021 in copyright, food, intellectual property, news by tracey

‘A family-run farm has won a legal battle against the multimillion-pound makers of plant milk, Oatly, which accused it of trademark infringement.’

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BBC News, 5th August 2021

Source: www.bbc.co.uk

Registered Designs – Lutec (UK) Ltd v Cascade Holdings Ltd – NIPC Law

Posted August 3rd, 2021 in brexit, EC law, intellectual property, news by sally

‘This case started as an action for the infringement of two registered Community designs, namely 000540927-0001 and 000540927-0002. Before the action came on for trial, the transition or implementation period provided by art 126 of the agreement by which the UK withdraw from the EU expired. The Senior Courts of England and Wales ceased to be Community design courts and registered Community designs ceased to apply to the UK. Art 54 (1) (b) of that agreement provided for holders of registered Community designs to be awarded equivalent registered designs in the UK (see Jane Lambert How Brexit has changed IP Law 17 Jan 2021 NIPC Brexit and Jane Lambert IP after Brexit 26 Jan 2021 Slideshare). Those registered designs are for “Interior lights, Exterior lights” registered in the name of the third claimant under registration number 90005409270001 and “Interior lights, Exterior lights” registered in the name of the same claimant under registration number 90005409270002. The claim proceeded as an action for the infringement of those registered designs.’

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NIPC Law, 2nd August 2021

Source: nipclaw.blogspot.com

The Battle of Revolax – Fox Group International Ltd v Teleta Pharma Ltd – NIPC Law

Posted July 23rd, 2021 in EC law, intellectual property, news, trade marks by sally

‘There really was a battle of Revolax between Russia and Sweden in 1808 but that has nothing to do with this article. Revolax is also the name of a hyaluronic acid dermal filler manufactured by the Korean company Across Co., Ltd (“Across”) which Fox Group International Ltd. (“Fox”) enjoyed the exclusive right to distribute in the UK.’

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NIPC Law, 23rd July 2021

Source: nipclaw.blogspot.com

Anarchy in UK court? Ex-Sex Pistols sue singer Johnny Rotten – The Independent

Posted July 16th, 2021 in artistic works, copyright, intellectual property, licensing, news by tracey

‘Two former members of the Sex Pistols are suing singer Johnny Rotten for the right to use the band’s songs in an upcoming television series about the anarchic punk rock icons.’

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The Independent, 15th July 2021

Source: www.independent.co.uk

Ep 137: The Law of Artificial Intelligence – Law Pod UK

‘In the latest episode of Law Pod UK Rosalind English talks to Matt Hervey, co-editor with Matthew Lavy of a new practitioner’s text book on Artificial Intelligence. Matt is Head of Artificial Intelligence at Gowling WLG., and advises on all aspects of AI and Intellectual Property, particularly in relation to the life sciences, automotive, aviation, financial and retail sectors. Our discussion ranges across many areas covered by the book, including negligence, liability for physical and economic harm, AI and professional liability, and more on AI and intellectual property, a fascinating subject which Matt touches on in this episode.’

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Law Pod UK, 1st March 2021

Source: audioboom.com

University of Law fails to block trade mark in dispute with former student – Law Society’s Gazette

Posted November 6th, 2020 in intellectual property, legal education, news, trade marks, universities by tracey

‘The University of Law has lost major elements of a trade mark dispute against a start-up that helps teenagers get into law school, after claiming the branding could damage its reputation.’

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Law Society's Gazette, 5th November 2020

Source: www.lawgazette.co.uk

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

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Competition Bulletin from Blackstone Chambers, 15th September 2020

Source: competitionbulletin.com

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

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Competition Bulletin from Blackstone Chambers, 15th September

Source: competitionbulletin.com

Moral rights: why should developers care? – Practical Law: Construction Blog

Posted September 11th, 2020 in artistic works, construction industry, contracts, intellectual property, news by tracey

‘Question: What do the Oslo Picasso murals “The Seagull” and the “The Fishermen” and the Dutch De View Jaargetijden have in common? Answer: They both have been subject to recent high cost, high profile litigation that dragged on for years and which concerned moral rights.’

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Practical Law: Construction Blog, 9th September 2020

Source: constructionblog.practicallaw.com

‘Fair and reasonable’ telecom IP ruling is boost for UK courts – Law Society’s Gazette

‘Long-awaited Supreme Court rulings on mobile phone patents will boost the UK’s position as a forum for resolving global IP licensing disputes, specialist lawyers said today.’

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Law Society's Gazette, 26th August 2020

Source: www.lawgazette.co.uk

Case Comment: Regeneron v Kymab [2020] UKSC 27 – UKSC Blog

Posted July 3rd, 2020 in appeals, intellectual property, news, patents, Supreme Court by sally

‘In this case comment, Caitlin Heard, Frances Denney and Robert Stephen, who all work within the intellectual property team at CMS, comment on the judgment handed down by the Supreme Court in June 2020 in the matter of Regeneron v Kymab [2020] UKSC 27, which concerns whether patents were invalid for insufficiency.’

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UKSC Blog, 2nd July 2020

Source: ukscblog.com

Practice – Injunctions pending Appeal Evalve Inc v Edwards Lifesciences Ltd – NIPC Law

Posted June 22nd, 2020 in appeals, injunctions, intellectual property, news, patents by sally

‘In Evalve Inc and others v Edwards Lifesciences Ltd #1 [2020] EWHC 514 (Pat) (12 March 2020)). Mr Justice Birss held that two patents that protected the market for a device known as the MitraClip were valid and infringed. In Evalve Inc and others v Edwards Lifesciences Ltd (#2) [2020] EWHC 513 (Pat) (12 March 2020) Mr Justice Birss rejected the defendant’s contention that it should be allowed to market its product notwithstanding the judgment on the ground that some patients were assisted by a product that competed with the MitraClip but not by the MitraClip itself. I blogged about those cases in Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #1 27 March 2020 NIPC Law and Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #2 30 March 2020.’

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NIPC Law, 20th June 2020

Source: nipclaw.blogspot.com

A spotlight on patent injunctions – Technology Law Update

Posted June 19th, 2020 in chambers articles, injunctions, intellectual property, news, patents by sally

‘Owners of patent portfolios will be aware of how patent infringement claims and attacks on patent validity often interact.’

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Technology Law Update, 18th June 2020

Source: www.technology-law-blog.co.uk

Damages Awards in the IPEC Small Claims Track – NIPC Law

Posted June 18th, 2020 in damages, enforcement, intellectual property, news, small claims by sally

‘”IPEC SCT” stands for “Intellectual Property Enterprise Court Small Claims Track. This is a tribunal for IP claims under £10,000 other than those involving patents, registered and registered Community designs, plant varieties and semiconductor topographies.’

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NIPC Law, 17th June 2020

Source: nipclaw.blogspot.com

Patents – Neurim Pharmaceuticals v Mylan – NIPC Law

Posted June 5th, 2020 in appeals, damages, injunctions, intellectual property, medicines, news, patents by sally

‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’

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NIPC Law, 4th June 2020

Source: nipclaw.blogspot.com

Eureka moment? Law firms report rush to patent ideas amid UK lockdown – The Guardian

Posted May 27th, 2020 in coronavirus, intellectual property, law firms, news, patents by sally

‘Intellectual property lawyers report increased demand for services during Covid-19 crisis.’

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The Guardian, 24th May 2020

Source: www.theguardian.com