Stranded ships, Brexit and Covid-19 - contractual considerations when dealing with delay
The aerial shots of the Ever Given were a perfect illustration of how international trade can be disrupted by a single event. However,...
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Will a new EU Commission 'comfort letter' help address vaccine shortages?
In May 2020 we noted that the European Commission had resurrected the 'comfort letter' mechanism to help battle the Covid-19 pandemic....
Reliance on doctrine of equivalents must be pleaded
At a recent pre-trial review in the Facebook v Voxer litigation, Birss LJ considered whether it was necessary expressly to plead reliance...
Meghan Markle's Mail on Sunday admission on hold
After her High Court victory against Associated Newspapers' Ltd (ANL) earlier this month, the Duchess of Sussex was forced on Monday this...
Government publishes response to consultation on AI and IP
The UK IPO conducted a consultation at the end of last year, following which the Government has announced its response (at a recent UK AI...
Jurisdiction in UK/EU disputes – where are we now?
As 2020 drew to a close, so too did the application in the UK of the Brussels Recast Regulation and Lugano Convention on jurisdiction and...
Huawei announces 5G licensing strategy including low per unit royalty cap
The press release accompanying Huawei's March 2021 white paper on innovation and intellectual property reveals that Huawei will implement...
Switching to new IT suppliers - the legal angle
I spoke with Chris Holder about this recently published article on IT PRO, and our view is that it is now common practice for IT service...
Full Fact launches consultation about a shared model to fight online misinformation
Full Fact has launched a consultation to inform its thinking about a framework to fight online misinformation.
The pandemic is just...
The future of data protection regulation in the UK post-Brexit: divergence from the EU could spell trouble
In its recent report on "UK Regulation after Brexit", the academic think tank UK in a Changing Europe has warned that divergence from EU...
Arbitration clauses: drafting tips
Following Brexit, there is increasing interest in English arbitration. One of the key benefits of arbitration is that an arbitral award...
Managing IP interviews Mr Justice Mellor
After a few years of upheaval in the Patents Court, it is good to see the continued expansion of the Patents bench, and @ManagingIP have...
Are FRAND cases becoming more front-loaded?
The @BristowsLawFirm FRAND Tracker (check it out here) has been updated to include the recent Sisvel judgment in its case against OnePlus...
Hold-out or efficient infringement?
An interesting article from @ManagingIP considering the issue of hold-out with the (perhaps justified) tagline that in-house counsel at...
Latest CMA director disqualifications highlight key competition compliance issues
The Competition and Markets Authority (CMA) has (in its own words) been ramping up its use of its director disqualification powers over...
CJEU Reference - Preliminary injunctions in Germany
The Regional Court of Munich has referred a question to the CJEU (case C-44/21) in relation to the Enforcement Directive (Article 9(1) of...
Meghan Markle wins front page admission of copyright infringement from ANL
Whilst much of the news coverage in the UK this week has focused on Prince Harry and Meghan Markle's prime time television interview with...
Nokia & Samsung sign video standards licensing agreement
It was interesting to see the announcement today that Nokia and Samsung have entered into a patent licensing agreement concerning video...
SolarWinds CEO blames intern for cyber attack
The recent cyber attack on SolarWinds (itself a major cybersecurity company) caught the world's attention, compromising the IT...
Artificial Intelligence and Medical Devices
It took me a long time to understand what artificial intelligence (AI) actually encompasses. Initially, I assumed that most technology...
ICO's Age Appropriate Design Code for protecting children online - will you be ready in time?
With six months to go until the transition period ends and the Age Appropriate Design Code (also being called the "Children's Code")...
Sisvel v Haier II: FRAND Harder
Following Sisvel v Haier I back in Spring 2020, the German Federal Court of Justice has now released a second instalment for our...
Anti-anti-suit injunctions a topic of interest at MIP's International Patent Forum
It is genuinely amazing how legal issues relegated to the back burner can come back with a vengeance. As I've mentioned in recent posts,...
Apple App Store faces new antitrust investigation in the UK
On 4 March the UK's Competition and Markets Authority announced that it had opened an investigation into whether Apple "imposes...
UK Chancellor of the Exchequer extends film and TV Production Restart insurance scheme in latest budget
Stakeholders across the British film and television production industry have welcomed Rishi Sunak's decision in the UK Budget yesterday...
FRAND: After cars, the connected home is next
There is no doubt that FRAND is coming to the smart home market in a big way in due course, likely once the larger licensors in the...
Soft opt-in for marketing purposes - not the soft option!
The ICO has today fined a food company for relying on the "soft opt-in" for electronic marketing under PECR, without meeting the...
Don't stop at the AADC - further guidance on processing children's data
A number of our clients are currently taking steps to comply with the ICO’s Age Appropriate Design Code (“AADC”), which applies to...
If you want to stay friends with your IT supplier, use the contract!
In our article for the IADC (linked here), we explore why, despite careful negotiation and planning, parties to IT contracts often avoid...
New IT framework launched to deliver NHS digital transformation
NHS Supply Chain has launched an updated framework to enable Trusts to more easily procure digital solutions. It gives Trusts access to...
Government revises definitions of 'key sectors' in which transactions will be subject to mandatory notification
The National Security and Investment Bill is a proposed major new development that will introduce a mandatory notification regime in the...
Amplified & GreyB update 5G essentiality report
Having released a 5G SEP essentiality report in May 2020, Amplified and GreyB have updated it to add over 6,000 patent families, bringing...
Healthcare AI collaborations abound - but is a second opinion needed?
In our recent work on collaborations between healthcare providers and AI & machine-learning companies, we're seeing more realism...
Copyright first ownership – “personal time” versus working from home
A recent IPEC decision suggests first ownership of copyright reflects how many are feeling about working from home: the line between our...
IEEE to review divisive aspects of its SEP policy
People who read my posts are likely familiar with the parts of the IEEE's SEP policy that are often a source of contention between SEP...
EUIPO Observatory publishes Anti-counterfeiting Technology Guide
The EUIPO and European Observatory on Infringements of Intellectual Property Rights recently announced the publication of the...
Can Artificial Intelligence really replace human creativity? The relationship between AI and intellectual property rights.
This recent TechRadar article explores the evolution of AI technologies that could conceivably outperform humans in creative disciplines...
Interdigital v Xiaomi pushes the anti-suit envelope with AAAASI
As was foreshadowed in the recent Unwired and Conversant UK Supreme Court case, an issue with global disputes that have no...
Latest IPCom decision now on Bristows' FRAND Tracker
Further to my recent experience post on the Court of Appeal IPCom v Vodafone judgment (see here), the @BristowsLawFirm FRAND Tracker has...
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