News
The latest insights, sector developments and case updates from Potter Clarkson. Explore up-to-date content from our experts and stay informed on the issues shaping the IP landscape.
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CJEU ruling the shape of things to come for designers?
After considering the case of two prominent bicycle designs, the Court of Justice of the European Union (CJEU) has judged copyright protection may apply to a product whose shape serves a technical function.
Falling short of a sufficient disclosure
In a case concerning genetically modified mice that are engineered to produce a range of hybrid human/mouse antibodies, the multinational biotech company Regeneron sued Cambridge company Kymab for patent infringement.
No SPC crown for Royalty Pharma
The Court of Justice of the EU (CJEU) has handed down its judgment in Royalty Pharma (C-650/17) on the interpretation of Art. 3(a) of the EU’s Regulation on Supplementary Protection Certificates (SPCs).
Strictly confidential: Trailfinders case sheds light on trade secrets protection
In a case brought by established travel agency, Trailfinders, the High Court has for the first time considered the application of the so-called Trade Secrets Directive, which was implemented into UK law in June 2018.
Copyright protection for textiles
On Wednesday, the Intellectual Property Enterprise Court handed down one of its first judgments of 2020 in the case of Response Clothing Limited (“Response”) v Edinburgh Woollen Mill Limited (“EWM”) (IP-2017-000174).
Changes to the Rules of Procedure of the EPO Boards of Appeal
The rules governing the appeals process at the European Patent Office are being changed, with the aim being to speed up the appeals process and the expected effect being to reduce flexibility for appellants.
Patenting AI in the UK: trends and outlook
At the global level, the UKIPO study finds that almost 30,000 AI patent applications were published in 2017 - an increase of over 400% compared with 2007. These headline figures are dominated by AI patent applications published in the United States and China, as shown in the following figure. For comparison, this figure also shows AI patent applications published by a selection of other intellectual property offices considered in the UKIPO study.
Extension of patent protection in Switzerland following paediatric trials
Supplementary protection certificates (SPCs) compensate for delay to market entry for products (medicinal or plant protection) in the European Union (EU) and some European Economic Area (EEA) states by providing up to an additional five years of protection beyond patent expiry.
Warner-Lambert loses appeal at UK Supreme Court on validity of its patent for a second medical use of pregabalin for the treatment of pain
Earlier this week, the Supreme Court handed down its judgment in Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan and Actavis, holding Warner-Lambert’s patent to be invalid, and that had key patent claims been valid, they would not have been infringed by Actavis.
R&D grant funding: Overcoming the intellectual property hurdles
Intellectual Property plays a key part in securing R&D grant funding (demonstrating work-to-date) and is a critical element of the outputs of grant funded R&D projects (what IP is created during the project). There is a myriad of ways to protect your IP, whether your business is set for high-growth, or if your research organisation is seeking to license new deep-tech research.