Expert Analysis

• 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.

• 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.

• EU-US Data Transfer Ruling Offers Reassurance To Cos.

  

  The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.

• 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.

• Challenges Law Firms Face In Recruiting Competitor Teams

  

  Since the movement of lawyer teams from a competitor can bring legal considerations and commercial risks into play, both the target and recruiting firms should be familiar with the relevant limited liability partnership deed to protect their business, say lawyers at Fox & Partners.

• 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.