Expert Analysis

• EU Act Establishes Data Sharing Rules, But Hurdles Remain

  

  The recently effective European Union Data Act provisions establish harmonized rules to unlock the use of data generated by technology-embedded software, but leave practical challenges that organizations will need to navigate to comply with cross-border requirements, say lawyers at King & Spalding.

• 5 Ways To Address The Legal Risks Of Employee AI Use

  

  Employees’ use of unauthorized artificial intelligence tools has become a regulatory issue, and in-house legal counsel are best placed to close the gap between governance controls and innovation, mitigating the risk of organizations' exposure to noncompliance with European Union and U.K. data protection requirements, say lawyers at MoFo.

• Between The Lines Of EPO's Adoption Of Color Drawings

  

  The European Patent Office's decision to accept patent drawings in color starting in October may enhance clarity in technical disclosures and streamline the examination process, and could also enable new patent filing strategies for international applicants, say attorneys at Miller Canfield.

• How WTO's Anti-Suit Injunction Ruling Affects IP Stakeholders

  

  The World Trade Organization's recent ruling in favor of the European Union's challenge to Chinese courts' anti-suit injunction practices should hearten holders of standard-essential patents, while implementers can take solace that they retain mechanisms to distinguish the WTO decision when seeking anti-suit injunctions in U.S. courts, says Michael Franzinger at Dentons.

• How Logo Confusion Ruling Expands TM Protection

  

  The U.K. Supreme Court’s recent decision in Iconix v. Dream Pairs confirms that postsale confusion is actionable in trademark infringement claims, and also warns appellate courts to not rewrite lower courts' factual analyses, say lawyers at Morgan Lewis.

• IP Considerations As UK Maintains Exhaustion Regime

  

  The U.K. government's decision to keep its existing regime of exhaustion of intellectual property rights means IP owners should review their existing and new European distribution agreements to account for the different regimes in the U.K. and European Union, says Rebecca Anderson-Smith at Mewburn Ellis.

• EPO Ruling On Claim Interpretation Will Have Broad Impact

  

  The European Patent Office Enlarged Board of Appeal’s recent decision, finding that the description and drawings in a patent should always be consulted to interpret claims, will fundamentally change how the EPO interprets patent claims in both examination and opposition proceedings, say lawyers at Finnegan.

• Fashion IP Lessons From UK Design Rights Ruling

  

  The Intellectual Property Enterprise Court’s recent ruling in Edwards v. Boohoo.com illustrates the challenges that independent designers face when attempting to enforce unregistered design rights in an era dominated by fast fashion, while also highlighting the utility of the IPEC, say lawyers at Finnegan.

• Should Patent Disputes Be Filed In The ITC Or UPC?

  

  When companies must choose between initiating patent litigation in the U.S. International Trade Commission or the European Union's Unified Patent Court, the ITC may offer a few distinct advantages, but ultimately the decision requires consideration of case-specific factors, say attorneys at White & Case.

• Prospects And Challenges For Expert Evidence At The UPC

  

  Expert testimony on economic or damages-related issues will likely play a larger part in Unified Patent Court proceedings in the near future, potentially presenting unique challenges for experts, counsel and judges alike, say analysts at Charles River.

• Strategies For Litigating In The Unified Patent Court

  

  Since opening its gates two years ago, the European Unified Patent Court has transformed the patent litigation landscape and global litigation strategies, but parties seeking to take advantage of the court's robust processes must be prepared for the front-loaded character of UPC proceedings, say attorneys at McDermott.

• Incorporating UKIPO Guidance Into AI Patent Strategies

  

  Updated guidance from the U.K. Intellectual Property Office sheds light on how it assesses patents for artificial intelligence inventions and highlights approaches that improve applicants' options for demonstrating that AI provides a technical contribution, say lawyers at Finnegan.

• Clarity On Knotty Patent Jurisdiction Questions From CJEU

  

  The recent ruling from the Court of Justice of the European Union in BSH v. Electrolux sheds light on how the jurisdiction of the Unified Patent Court competes with that of the EU member state courts over infringement and validity actions, and could extend international jurisdiction of the EU courts in several ways, say lawyers at August Debouzy.

• Opinion

  UK Court Of Appeal's FRAND Ruling Is Troubling

  

  The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.

• What Businesses Need To Know About EU Design Law Reform

  

  Recent reforms to European Union design protection law will broaden the scope of what constitutes protected designs and products, likely creating new opportunities and considerations for businesses operating within the EU or those engaging with its markets, say lawyers at Foley & Lardner.