Expert Analysis

• Australia's Computer Patent Ruling Will Aid Global Companies

  

  While courts around the world have struggled to articulate a technology-neutral test for patentability of computer-implemented inventions, a recent decision by Australia's top court offers a decisive answer, creating strategic opportunities for overseas applicants, say attorneys at Mallesons.

• What Oatly's Loss Means For Plant-Based Food Industry

  

  The U.K. Supreme Court’s recent judgment in Dairy U.K. v. Oatly demonstrates that under European Union agricultural marketing regulations courts consider fair competition to take precedence over consumer protection, and that dairy labeling challenges can succeed even where there is no realistic prospect of demonstrating consumer confusion, say lawyers at TLT.

• Winter Olympics Put The Spotlight On IP Issues

  

  This year's Winter Olympics generated a handful of intellectual property controversies that highlight the key considerations that should be kept in mind when using creative works at sporting events, says attorneys at Squire Patton.

• How EU Reforms May Affect Copyright, AI Balance

  

  The European Parliament’s recently proposed resolution calling on the European Commission to address the intersection between copyright and generative artificial intelligence will have implications for companies developing technology, whose compliance costs will soar, and rights holders, for whom great opportunities may lie ahead, says Pasquale Tammaro at BonelliErede.

• EU Foreign Subsidies Guide Brings Clarity And Questions

  

  The European Commission’s long-awaited EU Foreign Subsidies Regulation guidelines provide helpful clarifications for companies, but with many areas remaining broadly framed, uncertainty may continue to deter investments and increase the compliance burden on organizations, say lawyers at Hogan Lovells.

• USPTO Initiatives May Bolster SEP Litigation In The US

  

  The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.

• How To Navigate AI M&A Risks, Compliance In Europe

  

  As the artificial intelligence industry continues to witness substantial M&A transactions in Europe, parties should be mindful of the unique challenges posed by the acquisition of intangible AI technologies, monitor the evolving regulatory landscape, and establish optimal mechanisms for risk allocation, say lawyers at Morgan Lewis.

• Judicial AI Guidance Update Shows Caution Still Prevails

  

  The judiciary’s recently updated guidance on the use of artificial intelligence warns judges and tribunal members about misinformation and white text manipulation, providing a reminder that AI tools cannot replace direct engagement with evidence and reflecting a broader concern about their application when handling confidential material, say lawyers at Hogan Lovells.

• Navigating Legal Privilege Issues When Using AI

  

  The recent explosion in artificial intelligence has led to prompts and AI outputs that may be susceptible to disclosure in proceedings, and it is important to apply familiar principles to assess whether legal privilege may apply to these interactions, say lawyers at HSF.

• UK Getty Ruling Tests Balance Of IP Rights And AI Industry

  

  The recent Getty Images v. Stability AI High Court decision, rejecting copyright claims while upholding limited trademark infringement, will influence the creative community and U.K. artificial intelligence industry alike, and the training of AI models in the U.K. is still a risk, say lawyers at Powell Gilbert.

• Role Of UK Investment Act Is Evolving In M&A Deals

  

  With merger and acquisition activity likely to increase in light of the government’s new defense industrial strategy, the role of the National Security and Investment Act will come into sharper focus, and its recent annual report confirms that scrutiny is intensifying, say lawyers at Kingsley Napley.

• Growth, Harmonization In Focus As Hague System Turns 100

  

  One hundred years after its establishment, the Hague System has grown into an important pillar of international design protection, offering a promising path toward even greater harmonization in design law as its geographic reach continues to expand, say attorneys at Sterne Kessler.

• EPO Referral May Shift Patent Description Amendment Rules

  

  The European Patent Office’s recent referral G 1/25 to the Enlarged Board of Appeal seeks to offer clarification on inconsistencies concerning requirements for description amendments, which could bring a change in direction for the EPO that potentially harmonizes its prosecution process with those of other countries, say lawyers at Finnegan.

• What To Know About Interim Licenses In Global FRAND Cases

  

  Recent U.K. court decisions have shaped a framework for interim licenses in global standard-essential patent disputes, under which parties can benefit from operating on temporary terms while a court determines the final fair, reasonable and nondiscriminatory terms — but the future of this developing remedy is in doubt, say attorneys at Fish & Richardson.

• 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.