It seems likely that the ECJ Judgment in O2 v H3G has, for practical purposes, foreclosed brand owners' ability to sue for trade mark infringement when their trade marks are used unfairly in comparative adverts.

This month's CLIP is an article by Pablo Ibáñez Colomo, Professor of Law at the London School of Economics, on the Court of Justice's January 2020 judgment in Generics (Paroxetine).

The Preparatory Committee of the Unified Patent Court reported earlier this month that its work will be finished by the time of its meeting in October, and this will be its last.

There is little doubt that AI can transform healthcare practices and drive change in the healthcare sector – whether tracking the fastest ambulance routes, communicating with patients about their symptoms, ...

Last week, on 25 March, the CJEU handed down its judgments in Deutsche Telekom and Slovak Telekom (cases C-152/19 P and C-165/19 P). The judgments provide a useful summary of the law on refusal to...

The Italian competition authority (ICA) announced in a recent bulletin that it has fined Roxtec €15.1 million for abusing its dominant position by using EU trademark filing...

The 10 May 2021 supplementary judgment of the Competition Appeal Tribunal (CAT) in the Paroxetine case upholds the EU approach to so-called ‘pay-for-delay'...

We wrote an article back in August 2020 about the high stakes antitrust litigation launched by Epic Games against Apple (and Google) in California.

Recent cases continue to consider the standard triangular arrangement between an agency worker, employment business and client company, i.e. where the worker enters into a contract for the provision of services with an employment business, the client company enters a contract for the supply of services with the employment business and there is no express contract between the worker and the client company.

In February 2005 database giant ChoicePoint revealed that 145,000 consumers across the United States were placed at risk by a recent data theft at the company. The data thieves created accounts for nonexistent debt collectors, insurance agencies and other companies, which gave them access to personal information stored on the ChoicePoint databases.

The increasingly bitter battle between Virgin Media and BSkyB is due to reach a head after Easter. Richard Branson has threatened to commence proceedings against Rupert Murdoch if their dispute over Virgin Media carrying the key Sky channels is not resolved this week. This debacle has a familiar feel. Parties to a commercial dispute often use proceedings as an ultimatum.

Organisations on the buy-side of a digital advertising transaction have a range of data protection compliance issues to consider.

Following on from a recent CLIP of the month post on the lawfulness of strategic patenting under EU competition law, an amicus curiae brief recently filed by the US Department of Justice provides an insight into the US position ...

Dismissing an employee who has, or may have, a disability covered by the Disability Discrimination Act 1995 (“DDA”) is fraught with difficulties. That is so whether the dismissal is on grounds of redundancy or is based on capability, i.e. the inability of the employee to do the job for which they were employed due to excessive sickness absence.

Bowing to industry pressure, the European Commission announced a proposal to extend the transitional periods for the In Vitro Diagnostic Medical Devices Regulation 2017/746, whose Date of Application is 26 May 2022.

"All data packets are equal", says the European Union. But should some be more equal than others?

In conjunction with England being placed back into lockdown from 5 November 2020 (ending on 2 December 2020), the Chancellor has announced that the Coronavirus Job Retention Scheme will be extended until the end of March 2021, ...

The latest consultation from BERR on shareholder rights looks to clarify some of the discrepancies in the Companies Act 2006 (the "Act") and to implement European legislation.

The UK Intellectual Property Office ("UKIPO", formerly The Patent Office) has recently issued an opinion regarding the validity of Embley Energy Limited's patent for a control system for a wave energy device.

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