3 June 2024

Inside IP Spring 2024

A word from editors Kirsty Dolphin and Simon Taor

Welcome to our Inside IP Spring 2024 edition!

In addition to our regular insights on sector trends and trade mark and EPO updates, we are marking the UPC’s first anniversary and explore the impact of the G1/19 decision on patenting computer implemented inventions three years on in this edition.

We are grateful for all the authors who contributed, and we value your time spent reading and engaging with our intellectual property world. We trust you find something of interest! If you need more information or want to explore any of the topics covered, feel free to get in touch with our team in the UK and Germany. Remember, we are just an email or call away!

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Beyond copyright and Hollywood: IP rights in gaming media
Jay Patel is having a look at many forms of IP and how these play as an important role when it comes to commercialising a new game, and why it is vital to take a holistic approach to IP rights.

G1/19 (Pedestrian Simulation): three years on
Pawel Piotrowicz, who drafted the initial patent application and took the case through the Enlarged Board of Appeal referral, takes a look at its impact three years on.

Antibodies and AI: patentability considerations as de novo antibody design emerges
Matthew Handley and Sophie Newgas consider patentability issues which may arise with the development of the first de novo antibodies designed by AI.

UKIPO new guidance on the patentability of AI inventions
Peter Thorniley, Richard Kennedy and Mahdi Godazgar are having a look at UK IPO’s updated and republished guidance on examining patent applications relating to AI inventions while we are awaiting the decision from the Court of Appeal in the highly-anticipated appeal against the High Court decision in Emotional Perception.

The InsideIP scoop: a green future for ice cream
Kyle Struthers-Burgess and Mary Kate Rylands have decided to address the question whether the ice cream industry can innovate towards a greener future?

Inspiring inclusion in healthcare
Katherine Dainty and Jess Wilkinson have looked into companies who are developing technologies which are making healthcare more accessible, inclusive and tailored towards women’s health.

EPO relaxes requirements for registering transfers, licences, and other rights
Henry Aldridge is explaining new updates on requirements for registering transfers, licences, and other rights came into force on 1 April 2024.

Proposed SEP Regulation in Europe
Gary Whiting discusses what the proposed reforms in April 2024 to change SEP process include, whether reform is needed, and whether the Commission’s plans are likely to be successful.

EPO oppositions and appeals: an update
Kirsty Dolphin and Emma Longland provide an update and some thoughts regarding EPO oppositions and appeals, including a discussion of recent history, some significant decisions, and expected future activity.

Protection of diagnostic methods in Europe
George Hudson discusses how the principles of G1/04 have subsequently been applied in three interesting decisions of the Boards of Appeal of the EPO.

Unified Patent Court and Unitary Patent: one year on
1 June 2024 marked one year since the Unitary Patent launched and the Unified Patent Court opened its doors. Peter Thorniley reflects on the past 12 months of UPC and UP operations and the impact the groundbreaking transition has already made to the European patent landscape.

Bifurcation at the UPC: a trend emerging?
Peter Thorniley and Mahdi Godazgar are taking a look at how does bifurcation at the UPC look in practice?

Transparency at the UPC: Court of Appeal issues highly anticipated decision
Peter Thorniley and Mahdi Godazgar are taking a closer look at how the Court of Appeal of the UPC has dismissed the Appeal by Ocado against the Nordic-Baltic Regional Division order to give a member of the public access to Ocado’s statement of claim in the now-settled Ocado v Autostore.

UPC Court of Appeal rules on changing the language of proceedings
Peter Thorniley and Mahdi Godazgar are looking at how the arrangements for local and regional divisions differ slightly including that the language of proceedings is an official EU language of the country hosting the division, or the official language designated for a regional division.

Olympic games and “golden” intellectual property rights
Yoann Rousseau and Mechthild Liebelt explore how Olympic games are protected by robust intellectually property rights.

Bad Faith in trade marks: looking back at Lidl v Tesco
Clare Turnbull and Vivek Patel are taking a closer look at the concept of bad faith following the recent decision in Lidl v Tesco covering a number of areas of trade mark and intellectual property law.

UK Court of Appeal cleans up the Budweiser: divergence from the EUIPO on the law of acquiescence
Yoann Rousseau and Jay Patel are discussing a recent Court of Appeal decision which shows that UK courts are now ready to diverge from EU IP case law.

Extension of rights
Clare Turnbull and Vivek Patel look at the benefits provided to owners of existing UK Intellectual Property Rights in overseas territories.

VS news
A round-up of the latest Venner Shipley news.