Propriété intellectuelle

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eAlerts Récentes

  •  
    19/07/2024
    Europe

    A healthy balance between novelty and sufficiency for a claimed therapeutic use in view of a clinical trial disclosure in healthy volunteers (T 209/22)

    The question of novelty and sufficiency of second medical use claims in light of clinical trial prior art has been addressed by the EPO Boards of Appeal on a number of occasions. In recent decision T 209/22, the Appeal Board considers the impact of a disclosure relating to a clinical trial in healthy volunteers. The Appeal Board also comments on the different standards that apply for novelty and sufficiency of disclosure. The decision highlights that an attack based on novelty-sufficiency squeeze may not always be effective.BackgroundThe present decision relates to European patent 2506844 which...
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  •  
    18/07/2024
    United Kingdom

    Recommerce Reads – Innovating resale: AI considerations for online second-hand retail

    Recent advances in artificial intelligence (“AI”), including in relation to generative AI tools, mean that AI-related stories have become front page news.AI presents a number of benefits and opportunities for businesses, including those operating in the recommerce space. However, before using AI, it is important that businesses are aware of and take steps to mitigate the potential risks associated with AI. In addition, businesses (including UK businesses) using AI in the EU need to prepare for compliance with the EU AI Act, which is due to start applying (in part) from 2 February 2025....
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  •  
    27/06/2024
    United Kingdom

    How might AI be regulated following the UK general election?

    In advance of the UK general election on 4 July 2024, we consider the manifesto commitments made in relation to artificial intelligence (AI) by the five main political parties (the Conservatives, Labour, the Liberal Democrats, the Green Party and Reform UK).What is the current approach to regulating AI in the UK?The EU AI Act, which is due to enter into force this August, has been described as the world’s first comprehensive AI law. In contrast with the EU, the UK has not put in place AI-specific legislation and has not created a new AI regulator or authority to enforce AI-related laws. Instead,...
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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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