The Katten Kattwalk | Issue 30

Article 50 of the EU AI Act introduces sweeping transparency obligations for AI providers and deployers, requiring disclosure of AI interactions, marking of AI-generated content, and labeling of deepfakes. These rules carry significant commercial and IP implications for businesses using AI to create marketing materials, synthetic influencers, and other valuable assets.

Trademark phishing campaigns are rising, with businesses increasingly being targeted by highly sophisticated, AI-driven trademark scams. Alice Wright analyses a prominent registration scam recently circulating in the UK to offer advice on how to identify trademark scams, what immediate steps to take if targeted, and how to proactively protect your business through legitimate channels.

The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.

The ongoing commercial rivalry between fast-fashion giants Shein and Temu has evolved into one of the most significant intellectual property disputes in the e-commerce sector. This landmark case examines critical questions about copyright ownership, platform liability, and the legal responsibilities of online marketplaces in the digital age.

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.

A copyright infringement case in the Intellectual Property Enterprise Court examines how damages should be calculated when a defendant used thousands of photographs from Max Power magazine on social media to build a following and promote commercial events. The court's decision provides important guidance on determining reasonable licence fees for social media use and the application of IPEC's costs cap provisions.

Standard-essential patent disputes reveal a fundamental tension between territorial patent rights and global technology markets. While patents are enforced nationally, the standards they protect operate across borders, triggering parallel proceedings in multiple jurisdictions. FRAND arbitration offers a potentially coherent alternative by allowing parties to place international SEP portfolios before a single specialist tribunal, though questions of consent, validity, competition law and enforceability compl

A recent UK court decision clarifies the distinction between academic authorship conventions and copyright law, revealing that being named as a co-author on research papers does not automatically confer copyright ownership. The case examines when supervisory contributions qualify as joint authorship and what universities must do to protect intellectual property rights in collaborative research.

Our patent, trade mark and design attorneys have distilled their thoughts on what IP professionals, business leaders and innovators should prepare for in 2026.

The English Court of Appeal has endorsed arbitration as an acceptable means of dispute resolution for resolving global (F)RAND disputes when proposed by standard-essential patent owners. This controversial decision effectively compels SEP licensees to arbitrate against their will, based on the principle that where multiple RAND approaches exist, the SEP owner's choice is determinative, creating an inherent asymmetry in the licensing framework.

The U.S. Food and Drug Administration has released a discussion paper outlining its initial framework for regulating generative AI-enabled medical devices, proposing a two-axis risk assessment approach and a novel competency-based premarket evaluation system. With public comments due by October 19, 2026, this represents a critical opportunity for device manufacturers and stakeholders to shape the regulatory landscape for this transformative technology.

The Financial Conduct Authority has released comprehensive perimeter guidance for the UK's new regulated cryptoasset activities regime, clarifying when firms will need authorization and how the regulatory framework applies to qualifying cryptoassets and stablecoins. The guidance addresses critical questions about scope, territorial application, and the narrower "by way of business" test that determines which entities fall under the new regulatory requirements.

The SEC has proposed Regulation Crypto Assets, a purpose-built framework that creates tailored exemptions for raising capital with crypto assets and establishes conditions under which those assets can cease being subject to investment contract classification under federal securities laws. Will this new regulatory approach successfully balance innovation in digital asset markets with investor protection, or will jurisdictional questions and state law preemption challenges limit its effectiveness?

On June 27, the U.S. Supreme Court announced a 5-4 decision rejecting the nonconsensual releases of the Sackler family in the Purdue Pharma bankruptcy case. The split is an interesting alignment of

The January 2026 Cybersecurity Newsletter released by the U.S. Department of Health and Human Services Office for Civil Rights focuses on the importance of "system hardening" methods to help protect electronic protected health information.

HMRC is increasing scrutiny of earn-out arrangements, particularly where founders remain involved in the business after completion and deferred consideration depends on future performance of the target company.

California's Department of Housing and Community Development has issued final Loan Portfolio Restructuring Guidelines that impose a 50 percent housing reinvestment fee on certain uses of extracted equity from affordable housing refinancings. While the fee can be avoided by allocating proceeds to six enumerated categories, developers and investors are questioning whether these rules strike the right balance between preserving affordability and enabling capital recycling.

Derivatives have evolved into essential financial instruments whose value derives from underlying assets like stocks, bonds, commodities, and currencies. This comprehensive guide examines the global derivatives landscape, exploring various instrument types from futures and options to swaps and CFDs, while analyzing how regulatory frameworks across major financial centers shape modern trading practices.

Fashion companies navigating intellectual property law must balance creative expression with legal compliance when reviewing product designs. This comprehensive analysis explores the intersection of copyright, trademark, trade dress, design patents, and cultural heritage considerations that shape modern fashion design review processes.

The landscape that once prevented private investment funds, sovereign wealth funds, and other institutional vehicles from investing in U.S. professional sports teams has changed dramatically in recent years. One by one, U.S. professional sports leagues have adopted policies creating pathways for institutional investors to acquire ownership stakes in teams.