Inside IP Spring Summer 2021

Venner Shipley’s Intellectual Property Magazine featuring a roundup of the latest cases and developments in IP.

A pdf downloadable version of the magazine is also available at the bottom of this page.

A word from the editor: Simon Taor

While COVID-19 has continued to dominate the headlines across the world, there has been plenty going on in the world of IP as well. Clearly, no recent Inside IP would be complete without Pav Piotrowicz covering the recent decision in the G1/19 EBA referral on page 39. Also don’t forget to check out our G1/19 hub on our website!

The new EPO Guidelines which came into force on 1 March 2021 are covered on page 30. On page 42 my colleagues in our chemical and life sciences team have a closer look at antibody-related patent claims (G-II-5.6). This is the first time the EPO has issued guidance in this area.

My new colleague Kirsty Simpson looks at the boom in cell and gene therapy as the UK is establishing itself as a hub for the development of advanced therapeutics using gene or cell therapy. Sian Gill takes a look at sufficiency in the light of the Regeneron v Kymab decision, and George Hudson and Henry Aldridge look at the challenges of protecting medical devices in Europe in the light of Article 53(c) EPC.

COVID-19 has brought about procedural changes and advances in technology and my colleague Tim Russell provides an update on the EPO embracing VICO.

All things automotive is another focus with my colleague Rob Peake in our legal team exploring connected vehicles and the importance of data protection laws in the design process, and Jack Rogan provides a discussion on solid-state batteries.

We have recently been inundated with IP Audits, so check out the What? When? and Why? article by my colleagues Gary Whiting and Chris Dunleavy.

Brexit is also still a topic after the UK has formally left the EU. Whilst it’s been business as usual for our trade mark and design attorneys in the UK and in Germany, there are some changes we are setting out across four articles covering parallel imports into the UK and the EU (Mechthild Liebelt), changes to UK trade mark practice (Yoann Rousseau), UK Supplementary Protection Certificates Update (James Tumbridge & David Pountney), as well as new regimes for protecting trade marks, designs, geographical indications and plant variety rights (David Birchall).

A big thank you to all our contributing authors, and I hope you find something of interest!

Staying connected is of the upmost importance to us so please reach out if you have any suggestions, questions or ideas for future content. I am, together with my colleagues across the UK and Germany, as always, only an email away.

To read further click below:

Parallel imports into the UK and the EU after Brexit
Mechthild Liebelt discusses keys considerations for companies importing and exporting IP protected goods into the UK and EU post Brexit.

Cell and Gene Therapy Boom in the UK
Kirsty Simpson highlights some great stats and key considerations for the cell and gene therapy industry in the UK.

IT’S LIKE MILK, BUT MADE FOR HUMANS
Gloria Parmesan discusses Oatly’s controversial slogan and why the EUIPO refused the EU trade mark application.

Changes to UK Trade Mark Practice (the Brexit Effect)
Yoann Rousseau provides a number of dates to be aware of and different rules in place for a limited period of time, even though the Brexit transition period has technically ended.

EPO embraces VICO
Tim Russell looks at how the EPO has adapted to the “new normal”. Is videoconferencing here to stay?

A round-up of recent decisions from the Boards of Appeal at the EPO
Henry Aldridge and Nick Burrow cover the important decisions over the last six months.

IP Audits: What? When? and Why?
Thinking about getting an IP audit? Gary Whiting and Christopher Dunleavy cover what to expect and how to get the best out of the process.

Post Brexit – UK Supplementary Protection Certificates Update
Following the UK’s exit from the European Union (EU), we now have UK SPCs but with some important differences to the former arrangements, explained by James Tumbridge and David Pountney.

Protection of medical devices in Europe
George Hudson and Henry Aldridge explain the key components of the European Patent Convention.

New regimes for protecting trade marks, designs, geographical indications, and plant variety rights in the UK post Brexit and for recording IP rights with UK Customs
David Birchall discusses the new regimes post Brexit.

Sufficiency – From transgenic mice to a chocolate teapot
Sian Gill discusses the Regeneron v Kymab UK Supreme Court decision and why it is an important reminder for all practitioners.

Ever Heard of Software Forensics?
Michael Fischer explores the importance of software forensics.

New EPO Guidelines – 1 March 2021
Kathryn Rose and Sophie Newgas have summarised the updated version of the Guidelines for Examination at the EPO.

Are solid-state batteries the solution to liquid electrolytes
Jack Rogan discusses battery electric vehicles and fuel cell electric vehicles, the two major technologies competing to be the vehicle that drives us into the future.

Connected Vehicles – New regulatory guidance highlights the importance of data protection laws in the design process
Robert Peake provides insight into the data protection laws in the automotive design process.

Summary of Enlarged Board of Appeal decision G1/19 (Pedestrian Simulation)
Pawel Piotrowicz, Jan Walaski, Richard Kennedy and Peter Thorniley discuss G1/19.

An antidote to antibody patent confusion in Europe
Anton Hutter and Matthew Handley provide a summary of the new EPO guidelines on antibody patents in Europe.

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