ArticleGoverning Models Of Human DevelopmentJulian Hitchcock argues that self-regulation may be the best way of regulating the creation and use of models of human embryos that have developed from stem cells.United KingdomFood, Drugs, Healthcare, Life SciencesBristows LLP
ArticleClearsprings V. Businesslinx: A Warning For Software Developers And Their ClientsIn the absence of express agreement, the author of a commissioned work is the first owner of the copyright in it, although circumstances may exist which necessitate an implied assignment of copyright, or an exclusive licence to the client.United KingdomMedia, Telecoms, IT, EntertainmentBristows LLP
ArticleSpotlight On Agentic AI | LiabilityAs businesses increasingly deploy agentic AI systems capable of autonomous decision-making and actions, questions arise about supplier liability when AI agents malfunction or produce unexpected results. This article examines the contractual frameworks governing agentic AI relationships, revealing how standard IT contracts may inadequately address the unique risks of autonomous AI systems and exploring strategies for customers to better protect themselves against potential losses from AI agent failures. United KingdomCorporate/Commercial LawBristows LLP
ArticleAccessibility on the World Wide WebBusinesses are under a legal obligation to make their websites accessible to disabled users. Despite this, many disabled people continue to encounter difficulties accessing websites, and are unable to make full use of the Internet. This article sets out the current position under English law with regard to web accessibility, and what steps can be taken to ensure that your website complies.United KingdomEmployment and HRBristows LLP
ArticleMapping Out the Future of Regulatory PharmacogeneticsPharmacogenetics is the name given to the study of inter-individual variations in our DNA and how these can affect our individual responses to pharmaceutical drugs. A more individualised understanding of how drugs affect different people has the potential to promise a future of personalised medicine based on an analysis of our individual genotype where toxic side effects of drugs are greatly reduced and drugs even have a guarantee of efficacy. This article aims to summarise the current status ofUnited KingdomFood, Drugs, Healthcare, Life SciencesBristows LLP
ArticleEnglish Courts Can Determine Terms Of Global Licences For Portfolios Of Standard Essential PatentsWe discuss the Supreme Court ruling in the Unwired Planet v Huawei case.United KingdomIntellectual PropertyBristows LLP
ArticleHARD CHEESE – The Potential Pitfalls of Registering Product Shapes as Trade MarksThe possibility of registering product shapes as trade marks became a reality in the UK with the implementation of the Trade Marks Act 1994 when such shapes were specifically included within the definition of trade marks. Since the definition of trade marks was broadened in this way, there has been much debate over the issue of what exactly may be registered. However, in the past few years both OHIM and the ECJ have offered valuable guidance on how to assess inherent distinctiveness of three-dUnited KingdomIntellectual PropertyBristows LLP
ArticleNot Entirely Adequate…? EDPB Offers Guidance On Schrems IIOn 11 November 2020, the European Data Protection Board (EDPB) published their eagerly awaited Guidance on the CJEU's Schrems II decision.United KingdomPrivacyBristows LLP
ArticleDMCC Act: Strategic Market StatusThe DMCC Act's designation of "strategic market status" (SMS) for firms begins in late 2024. SMS applies to firms with significant market power in digital activities linked to the UK, meeting turnover thresholds. The CMA's SMS investigations will initially target major tech firms, focusing on market power and strategic significance.United KingdomAntitrust/Competition LawBristows LLP
ArticleBe Careful What You Wish For: CAT’s Replica Football Kit Judgment Shows that Achieving the Right Price Can Be CostlyThe Competition Appeal Tribunal (CAT) gave its longest judgment to date at the beginning of October. The judgment concerned the OFT’s Replica Kit decision of 2003. Following an investigation, the Office of Fair Trading (OFT) had found that that a number of companies had participated in a cartel aimed at fixing the price of replica football kit in 2000 and 2001.United KingdomInternational LawBristows LLP
ArticleNo Right to Transfer a "Commercial Confidence" - the Court of Appeal Decision in the Douglas/OK! v Hello! DisputeThe latest bout in the legal dispute between rival <I>OK!</I> and <I>Hello!</I> celebrity magazines over the publication of photographs of the wedding of Catherine Zeta Jones and Michael Douglas has taken place this week in the Court of Appeal. United KingdomLitigation, Mediation & ArbitrationBristows LLP
ArticleTesting Times in the UK: Will Clinical Trials Infringe?In general terms, the effect of this provision is that it will not be an infringement of a patent to use a patented product or process for experimental purposes relating to the subject matter of the invention. This defence to patent infringement is of particular interest to the pharmaceutical and agrochemical fields, where some sort of testing activity must be undertaken before a new drug or pesticide can be placed on the market. United KingdomIntellectual PropertyBristows LLP
ArticleSpotlight On MRNA – Regulation Of MRNA Vaccines And TherapiesEarlier in this series we considered some of the potential uses of synthetic mRNA to prevent or treat diseases.United KingdomFood, Drugs, Healthcare, Life SciencesBristows LLP
ArticleThe Modern Space Race: Vaccine Rollout And The Regulatory RegimeWe might say that the last few months of 2020 bore witness to the 21st century equivalent of the space race.United KingdomFood, Drugs, Healthcare, Life SciencesBristows LLP
ArticleIrides: Weekly Global Patent Litigation UpdateThe UK Supreme Court has decided that the UK Court has jurisdiction to determine a claim challenging the FRAND rates offered by SEP holders as part of pool or platform joint licensing.United KingdomIntellectual PropertyBristows LLP
ArticleRothy's v GiessweinRothy's Inc, a US-based shoe designer, has succeeded in a claim against the Austrian company Giesswein Walkwaren AG, for infringement of Rothy's ...United KingdomIntellectual PropertyBristows LLP
ArticleReport Of Recent EPO Decisions – August 2008This report covers recently published decisions of interest from the Boards of Appeal of the European Patent Office. United KingdomIntellectual PropertyBristows LLP
ArticleReport Of Recent EPO Decisions – September 2008This report covers recently published decisions of interest from the Boards of Appeal of the European Patent Office. United KingdomIntellectual PropertyBristows LLP
ArticleIllumina Illuminated In The Twilight Of Birss J's Patents Court Career – Part IOn 20 January 2021 Birss J handed down what may be his last first instance decision before he takes his place in the Court of Appeal.United KingdomIntellectual PropertyBristows LLP
ArticleWomen In IP Leadership: Liz Cohen Interviewed By The Patent Lawyer MagazineJoint Managing Partner Liz Cohen was interviewed by the Patent Lawyer Magazine, in their Women in IP Leadership segment, launched in their December 2020 issue.United KingdomIntellectual PropertyBristows LLP