Intellectual Property

Welcome to the home of intellectual property on Law-Now.

On this page, you will find all the articles and publications for intellectual property.

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Recent Articles

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    13/06/2024
    United Kingdom

    Recommerce Reads - The Resale Revolution: key legal watch-outs for the rise of recommerce

    Pre-loved, circular, second-hand: however you describe it, the resale industry has experienced huge growth in recent years, with opportunities for businesses and consumers alike. Particular growth has been witnessed for the fashion industry, with the global second-hand fashion market expected to grow three times faster on average than the global apparel market overall, and sales forecast to reach $350bn by 2027 (ThredUp, Resale Report 2023). Reselling is, of course, not a new concept, but the proliferation of second-hand sales online has pushed it closer towards the mainstream.At CMS, our lawyers...
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  •  
    13/06/2024
    Europe

    What’s in a name? The use of a product code in a clinical trial protocol fails to circumvent clinical trial prior art

    The use of product or sponsor codes in clinical trial related documents is common practice in the pharmaceutical space. However, such codes may not always be sufficient to disregard a publication as relevant prior art against patent claims.In recent decision T 1255/21, the EPO Board of Appeal finds that the use of a product code or sponsor code for a compound or composition in a clinical trial protocol does not affect the status of the protocol as prior art if the skilled person would have been able to identify the compound or composition based on the description of the components of the product...
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  •  
    10/06/2024
    Europe

    New EU recommendations for influencer marketing reform: what do they mean for marketing teams?

    The Council of the European Union has published a set of recommendations as to how the European Commission and EU Member States should support influencers to encourage the creation of content that has a positive impact. The Council recognises that influencers have a huge impact on the content and information that the public consume, and stresses the EU’s role in boosting support for influencers to produce lawful, socially responsible content. It recommends that this support should also come from advertisers employing influencers in their marketing strategy, to advertise their products....
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  •  
    04/06/2024
    China

    China’s market regulator announces top ten IP infringements of 2023

    On 10 May 2024, China’s State Administration for Market Regulation (SAMR) announced the top ten typical cases of intellectual property (IP) enforcement for 2023, which encompassed a range of illegal activities, including the production and sale of counterfeit branded automobile glass, the illicit manufacture and sale of fake cosmetics, the sale of tea infringing upon the “中茶” tea brand registered trademark, the infringement of “DENSO” and “TOYOTA” trademarks, the sale of goods bearing the counterfeit "FION" trademark, and the sale of counterfeit...
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  •  
    27/05/2024
    Europe

    Vital Signs Spring 2024

    As we push on into 2024 and towards summer, both the weather and some legal areas are hotting up. This edition of Vital Signs looks in detail at recent developments in four diverse legal areas. First, we review the current risks and trends in commercial contracts in the life science sector. Second, we consider how the law on supplementary protection certificates (SPCs) is developing, including the status of the EU pharma law package, CJEU referrals and national case law at the supreme court level. Third, brace yourself for an important decision in UK law on public procurement and the test for the...
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  •  
    16/05/2024
    Europe

    A broader interpretation of "substance or composition" - good news for patentees at the EPO?

    A recent decision from the EPO Boards of Appeal (T 1252/20) potentially paves the way for more diverse products to be patentable in Europe using the medical use claim format.The background:Article 53(c) of the European Patent Convention (EPC) excludes methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body from patentability. However, this does not apply to products, in particular substances or compositions, for use in any of these methods.Furthermore, Articles 54(4) and (5) EPC provide that a claim to a known substance...
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