IP 'how to' guides

IP 'how to' guides

We have created a series of IP ‘how to’ guides. These are short, practical guides which identify the steps to be taken and issues to be considered by lawyers dealing

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Latest IP News

It’s in the drafting—two recent UK cases show how collaboration agreements and employee arrangements with individuals involved in R&D can come unstuck

IP analysis: Two recent decisions of the Courts of England & Wales demonstrate the difficulties encountered in determining ownership of innovation and illustrate the importance of clearly reflecting the intention of the parties in drafting collaboration agreements and service agreements with R&D individuals/employees. The first (Bionome v Clearwater) involved the determination of the construction of a collaboration agreement, and the second (Hill v Touchlight) a situation where the inventor was transferring from being an independent contractor to an employee and the point in that timeline at which the invention was created, and the implications for the ownership of that invention flowing from this. Jonathan Turnbull, partner, Kate Peck, associate, and Eren Ozenir, graduate solicitor, at Herbert Smith Freehills discuss the key takeaways from the judgments.

UK Parliamentary Committees urge government to rethink AI and copyright proposals

Two cross-party committees, the Culture, Media and Sport Committee and the Science, Innovation and Technology Committee, have responded to the UK government's consultation on artificial intelligence (AI) and copyright. They emphasise the need for fair remuneration for creators and call for improved transparency in AI data usage. The committees oppose the government's proposal for an 'opt-out' approach to AI training data, citing the lack of technical measures to enforce it. They urge the government to publish full impact assessments and ensure compliance mechanisms are in place.

Uncertainty looms as AI copyright consultation closes

Law360, London: The UK government is unlikely to back down from its plans to overhaul current intellectual property law to allow companies to scrape copyright material to train artificial intelligence (AI) systems, despite consistent calls from creatives to tighten the leash, lawyers say.

UPC crosses borders and breaks boundaries—long arm jurisdiction questions arise again

EU Law analysis: The Düsseldorf Local Division recently handed down a decision that has sent reverberations throughout the EU patent landscape and beyond. In its decision, it was determined that the Unified Patent Court (UPC) has jurisdiction to hear infringement actions concerning European patents validated in non-UPC contracting member states. Jonathan DeVile, partner, and Stephen Solomon, technical assistant, both at D Young & Co, delve into the details of the decision to understand its potential implications.