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Aktuelle eAlerts

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  29.09.2023

  International

  EP Case Law in Brief: Erroneous Disclosures

  “Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and the accompanying case law, provides for the possibility of a ‘get out of jail free card’ for novelty objections in certain circumstances.An invention is "considered to be new if it does not form part of the state of the art". The "state of the art" is defined as "everything made available to the public by means of a written or oral description, by use, or in any other way, before...

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  29.09.2023

  United Kingdom

  My Computer did it! Exploring SHEIN’s latest lawsuit

  In the latest of a series of copyright infringement claims, three independent graphic designers - Krista Perry, Larissa Martinez, and Jay Baron, have launched a claim in the California Federal Court  accusing Shein of selling exact copies of their textile and print works – example below. This lawsuit covers a similar territory to H&M’s ongoing copyright infringement lawsuit towards Shein in Hong Kong. While this is not of itself remarkable  there are several interesting aspects to this case.  Left: Krista Perry’s...

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  26.09.2023

  United Kingdom

  A Roadmap to a Resilient AI Ecosystem: Policy Considerations for the UK

  According to a recent briefing paper published by the Centre for Emerging Technology and Security (CETaS) and the Centre for Long-Term Resilience (CLTR), the UK is inadequately resilient to the risks posed by AI. CLTR is an independent think tank with a focus on resilience, while CETaS is a research centre based at the UK’s national institute for AI and data science (the Alan Turing Institute).Calling for decisive action by the UK government, the briefing paper (‘Strengthening Resilience to AI Risk: A guide for UK policymakers’) sets out a suggested framework for identifying and...

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  22.09.2023

  Niederlande

  EUIPO publishes report on Trade Secrets Litigation Trends in the EU

  In June 2023, the European Union Intellectual Property Office (EUIPO) published a report titled "Trade Secrets Litigation Trends in the EU" that delves into the patterns observed in trade secrets litigation following the implementation of the Trade Secrets Directive (Directive 2016/943/EU) in the EU member states. The report offers a comprehensive quantitative and qualitative analysis of trade secrets litigation trends within the EU, drawing from a dataset comprising approximately 700 national judgments rendered between 2017 and 2022.Trade secretsTrade secrets vary widely in their forms and contents....

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  12.09.2023

  United Kingdom

  UK Re-joins Horizon Europe

  On 7 September, the UK re-joined the world’s largest research collaboration programme, Horizon Europe. The decision has been welcomed by academics and life sciences businesses within the UK and the EU with hopes it will foster greater cross border collaboration between researchers after the UK’s three-year hiatus, enabling UK scientists to re-join the international research networks that they had built up over decades. From this date UK researchers are once again able to apply for grants from a pot of over € 95bn (£81 bn) and bid to take part in projects with certainty...

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  06.09.2023

  United Kingdom

  Address the Risk 2: Address for service rules expanded to EU imported rights

  The UK Intellectual Property Office (IPO) has announced new rules on the address for service requirements for trade marks and re-registered designs derived from EU rights retained post-Brexit. The new rules will apply from 1 January 2024 and will affect the owners of such rights who do not have a UK, Gibraltar or Channel Islands address for service.In January 2023, the UKIPO announced identical measures for UK trade marks, as well as marks originating from international registrations under the Madrid or Hague systems, which we discussed in a previous Law-Now (here). The UKIPO has now extended this...

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