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Recent Articles

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  20.03.2023

  International

  UK An­nounces it will be­come a party to the Singa­pore Con­ven­tion on Me­di­ation

  It has been announced that the UK will become a party to the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), as an “important signal of [the UK’s] intentions to remain a world leader in this area and as a clear indication of the UK’s commitment to mediation”.The Singapore ConventionThe Singapore Convention was adopted by the UN in December 2018, opened for signatures in August 2019 and in force by September 2020. It currently has 55 signatories, 10 of whom have ratified. It creates a...

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  20.03.2023

  Europe

  Out with the old, in with the new? Con­sid­er­a­tions for pat­entees in opt­ing out of the Uni­fied Pat­ent Court

  So far in this series of blog posts, we began with an article that highlighted some of the key changes between the current European system of patent prosecution and enforcement and the new Unitary Patent and Unified Patent Court (UPC), set to become operational from 1 June 2023.  In part two, we considered the interesting procedural features of the UPC and how they might influence a patentee’s decision to opt in or out of the regime.In this part three, we discuss some of the practical and strategic considerations that patentees should weigh up when deciding whether to opt out of the...

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  17.03.2023

  International

  In­ter­Di­git­al v Len­ovo – High Court sets glob­al FRAND li­cence terms

  The UK High Court has handed down its decision in the FRAND trial of the InterDigital v Lenovo litigation. It concerned InterDigital, an American company holding patents relevant to 3G, 4G and 5G technology and Lenovo, a Chinese ‘implementer’ of that technology. Lenovo has been ordered to pay InterDigital a royalty of $138.7 million (a rate of $0.175 per cellular unit) for its use of InterDigital’s 3G, 4G and 5G patents in its products. This is only the second decision of its kind in the UK (most such cases settle out of court).In short, the Court was asked to set global terms...

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  10.03.2023

  Europe

  Par­al­lel im­ports of medi­cines – CJEU cla­ri­fies when re­pack­aging is al­lowed

  The Court of Justice of the European Union (CJEU) recently handed down four keenly awaited judgments that provide welcome guidance on the debated issue of repackaging of medicinal products by parallel importers within the internal market.Three of these rulings clarify that the safety measures introduced by the Falsified Medicines Directive (i.e., unique identifier and anti-tampering device) do not justify that a parallel importer is automatically allowed to repackage a medicinal product where relabelling (instead of repackaging) such product would leave visible traces of opening of the original...

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  10.03.2023

  International

  En­ergy / Ship­ping – Ef­fect of Anti-as­sign­ment Clauses and Trans­fers to In­surers

  The recent decision of the Commercial Court in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) concerned a contractual prohibition against assignment and whether this applied to an assignment of rights to an insurer under the assignor’s insurance policy. The decision raises questions on the effect of prohibitions against assignment generally, the concept of involuntary assignments (including assignments by operation of law), and the impact of anti-assignment clauses on a transfer of rights to an insurer.FactsDassault Aviation SA (“Dassault”) and...

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  10.03.2023

  Europe

  State aid: the Gen­er­al Court of the EU an­nuls the de­cision of the European Com­mis­sion in the Tim­ișoara/Wizz Air case

  FR

  On 8 February 2023, the General Court of the EU annulled the European Commission decision that had concluded to the absence of  aid granted by Timișoara Airport in favour of Wizz Air following an annulment action by Carpatair. By this decision, the Commission had also authorized an investment aid for the airport. This aid was not challenged.  The decision of the European CommissionOn 14 May 2011, the European Commission launched an investigation into contracts between Timișoara Airport and Wizz Air following a complaint from Carpatair. This investigation was then extended to...

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