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IP Cases & Articles
UPC insights: trends from the January 2024 caseload report
Following the Unified Patent Court’s (UPC) inaugural report on the caseload of the Court from its commencement on 01 June 2023, published on 21 December 2023, the UPC has published an updated report, supplemented with caseload data up until 31 January 2024. This article follows in our series of articles… -
IP Cases & Articles
UPC: Court of Appeal rules on legal interest required for intervention
In common with many other legal jurisdictions, the Unified Patent Court (UPC) allows for third parties with an interest in the result of a particular case to intervene in ongoing proceedings. Applications to intervene may be filed before the first instance divisions or before the UPC Court of Appeal. It… -
IP Cases & Articles
4th amendment to the Chinese Implementing Regulations of the Patent Law: implications for foreign applicants
The Chinese State Council issued the 4th amendment of the Chinese Implementing Amended Regulations of the Patent Law (Amended Regulations) on 21 December 2023. -
IP Cases & Articles
Original work? Protecting graphical user interfaces
A graphical user interface (GUI) comprises visual elements through which a user interacts with software. -
IP Cases & Articles
UKIPO to appeal High Court decision: are AI inventions patentable?
In November 2023 the High Court, in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch), found that artificial neural networks (ANNs) should not be excluded from patent protection as “a program for a computer…as such”. -
IP Cases & Articles
Security for costs at the UPC: is Brexit a factor for UK-based users?
It is a well-established form of legal relief across the world; one party to a case may be ordered by a court to pay the legal costs of another party. -
IP Cases & Articles
SES-imagotag v Hanshow Technology: will we see file wrapper estoppel in the UPC?
The case of SES-imagotag SA v Hanshow Technology Co. Ltd et al concerns a preliminary injunction (PI), and is the first we have seen that centres on a decision taken by the Unified Patent Court (UPC) on claim construction. -
IP Cases & Articles
Cider house wars: court gives Thatchers lemons
Thatchers’ infringement claim against Aldi in relation to a lookalike cloudy lemon cider has failed. -
IP Cases & Articles
European Parliament proposes ban on patenting of gene edited plants and relaxation of strict GMO regulation of NGT plants
On 07 February 2024, the European Parliament voted in support of a full ban on patents for all plants produced by new genomic techniques (NGT), plant material, parts thereof, genetic information and process features they contain. The European Commission’s (EC’s) initial regulatory proposal on the marketing of NGT plants, published… -
IP Cases & Articles
UPC: Milan Central Division and Irish Referendum
The Unified Patent Court (UPC) has a Court of First Instance which is divided into Local, Regional and Central divisions, a Court of Appeal, a Registry and an Arbitration and Mediation Centre. The Local and Regional Divisions primarily have competence for infringement actions, with or without revocation counterclaims, whilst the…
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