Expert Analysis

• Florist TM Ruling Is A Road Map For Proving Unfair Advantage

  

  The Intellectual Property Enterprise Court’s recent decision that a luxury florist infringed a rival's trademark shows what is required to successfully demonstrate unfair advantage, as well as the importance of documenting efforts to protect, develop and enforce a trademark's reputation, says Ella Newell at Marks & Clerk.

• German Ruling Clarifies Limits Of 'Pastiche' Music Sampling

  

  A recent decision from the German Federal Court of Justice, finding a sampled rhythm sequence to be lawful, provides the first national application of the European Court of Justice's new pastiche doctrine, but also confirms that the defense applies only to creations that satisfy specific criteria, say lawyers at Greenberg Traurig.

• Tesla Win Establishes UK Courts May Set Patent Pool Rates

  

  The recent U.K. Supreme Court decision in Tesla v. InterDigital & Avanci determined that English and Welsh courts can resolve license rate-setting disputes for standard essential patents, with a U.K. FRAND determination serving as leverage in negotiating high-value licenses for standardized technologies, say lawyers at Quinn Emanuel.

• AI Voice Cloning Exposes Gaps In UK Personality Rights Law

  

  The advent of artificial intelligence voice cloning has turned concerns over the absence of dedicated personality rights into a practical policy issue, and the U.K. government's planned consultation on digital replicas offers an opportunity to develop targeted intellectual property and fraud protections without undermining innovation, say lawyers at Foot Anstey.

• AI Guardrail Considerations For Legal Transaction Teams

  

  With recent guidance from the Solicitors Regulation Authority warning of the risks of artificial intelligence tools not providing the necessary safeguards to maintain client confidentiality, it should be a priority for firms to ensure that nondisclosure agreements are fit for purpose in AI-enabled deals, say lawyers at Baker McKenzie.

• 'Peppa Pig' Ruling Broadens Global Copyright Relief

  

  The High Court's recent unusual decision in Hasbro v. Công to grant a panjurisdictional injunction shows that, in certain circumstances, a representative sample of online content may be used in a copyright dispute when a full review would be disproportionate, says Eloise Ryan at Shoosmiths.

• Series

  Practice Leader Insights: Slaughter And May's Laura Houston

  

  Laura Houston, co-head of technology cross-stream at Slaughter and May, discusses how her enthusiastic nature drew her to artificial intelligence, the challenges of managing a complex, technology-heavy cross-border transaction, and how there is scope for greater coherence in digital regulation across the European Union.

• Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

  

  The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

• Patent Dispute Takeaways From Ruling In Kodak Appeal

  

  The Unified Patent Court’s recent appeal decision in Kodak v. Fujifilm, confirming that the UPC may exercise jurisdiction over non-UPC patent designations, creates opportunities for patentees to pursue claims involving both UPC and non-UPC designations before a single forum, say lawyers at Morgan Lewis.

• Germany IP Rulings Clarify 'Willing' SEP Licensee Analysis

  

  In light of a series of judgments from a German regional court and the Unified Patent Court, U.S. entities and their counsel should keep pace with the willing licensee standard developing abroad, as standard essential patent and fair, reasonable and nondiscriminatory licensing disputes have become cross-border campaigns, say attorneys at Fish & Richardson.

• Who Owns The Data Behind The Beautiful Game?

  

  Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

• Making Deals Once EU Merger, Investment Screenings Overlap

  

  Though proposed updates would result in greater overlap between European Commission merger control efforts and foreign investment screening, dealmakers must understand how different objectives still drive these regimes and how this recalibrated regulatory environment will affect their transactions, say attorneys at Mayer Brown.

• What EU Tech Licensing Changes Mean For Businesses

  

  Following the European Union’s modernization of the Technology Transfer Block Exemption Regulation, organizations should consider how the broadened antitrust safe harbor applies, particularly where technology licensing agreements involve data-sharing arrangements, territorial restrictions or competitor relationships, say lawyers at Steptoe.

• Coordinating Life Sciences IP Strategies In The US And EU

  

  As postgrant practice for life sciences patents is restructured in the U.S. and European Union simultaneously, patent owners will need to implement transatlantic coordination that treats international proceedings as components of a single intellectual property risk architecture, says Paul Calvo at Sterne Kessler.

• UK-Gulf Trade Deal Offers Key Benefits, But Hurdles Remain

  

  The U.K.’s recent free trade agreement with the Gulf Cooperation Council is expected to deliver U.K. businesses a competitive advantage, with simplified procedures and tariff removal across manufacturing, services and digital trade sectors, but navigating Gulf regional tensions and differing regulatory regimes will create challenges, say lawyers at King & Spalding.