Trade marks

Press Release

International leading digital disruption expert joins Browne Jacobson

Press Release

Court of Appeal makes plea for legally enforceable arbitration for FRAND disputes

In the ongoing complex litigation between Optis Cellular Technology LLC and Apple Inc., the Court of Appeal ([2022] EWCA Civ 1411) has upheld the High Court’s findings that implementers of standard-essential patents (SEPs) cannot refuse to accept a FRAND license and continue activities in the meantime which constitute infringement: that party must commit to accept a court-determined license if it wishes to avoid an injunction.

Published Article

AI generated designs on retail products

Every AI will have its own terms of use. DALL·E 2’s Terms of Use dated 3 November 2022 specify that as between a user and Open AI, a user owns their prompts and uploads. Open AI also assigns to the user all rights in any images generated by DALL·E 2 for that user (subject to the user complying with those Terms of Use, and to a licence to use inputs and output to develop and improve the services).

Published Article

Bruce Willis AI and the problem with deepfakes

A deepfake of Bruce Willis is advertising Russian mobile phones. Many great artistic and metaphysical questions are raised by this performance. However, this article is going to look at the intellectual property law implications, from a UK perspective.

Press Release

Browne Jacobson’s IP experts shine silver in world’s leading trade mark lawyer rankings

Browne Jacobson’s national IP lawyers are celebrating after being ranked in the 2022 World Trademark Review (WTR) 1000 - the independent guide which recognises leading trade mark experts across key jurisdictions around the globe.

Opinion

Are whistleblowers entitled to keep their employer’s confidential documents?

In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.

Published Article

Tipping the balance: Assessing patent infringement

In July this year, four years to the month after its introduction into UK law in the Supreme Court’s seminal judgment in Actavis v Eli Lilly, the court handed down its latest decision applying the ‘doctrine of equivalents’.

Published Article

Court of Appeal upholds decision that AI machines cannot be ‘inventors’

The Court of Appeal has held that an AI machine cannot be named as the ‘inventor’ of a patent, because it is not a ‘natural person’, and is therefore also incapable of transferring the right in that patent to a person.

Press Release

Browne Jacobson's IP team celebrates UK rankings success in latest Legal 500

Browne Jacobson’s national IP team is celebrating after again securing Tier 1 rankings in the East and West Midlands region and maintaining its Tier 3 status in London in the latest edition of Legal 500.

Press Release

Reaction: Intellectual Property Enterprise Court judgment finds patent infringement based solely on equivalents

Reaction: Intellectual Property Enterprise Court judgment finds patent infringement based solely on equivalents

Legal Update

Health care apps – Part 1 of 2: Exploring the ins and outs of intellectual property (IP)

The adoption of smart technology solutions by the health and care sector has exploded in 2020. The pandemic has driven the sector to increase its use of smart phone technology solutions (“Apps”), an example of which is conducting video consultations and assessments.

Training

In-House Lawyers: Brexit, intellectual property and commercial contracts

Covid-19 and the challenges associated with it grind on into a second wave. Not only that but there’s the prospect of Brexit and a looming recession ahead. It would be entirely forgivable not to be on top of the law right now. Watch our on-demand video, where we have discussed Brexit and intellectual property and consumer and commercial law changes.

Guide

Brexit overview: intellectual property and Brexit

We can how help you understand the potential issues that any changes will have on your business.

Opinion

Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.

Legal Update

Amazon not liable for merely storing third party’s infringing goods

At a time when Amazon is fielding large spikes in demand amidst the coronavirus pandemic, the online retail platform will welcome the ruling of the Court of Justice of the European Union (CJEU) received on 2 April 2020.

Training

How to commercialise your IP: licensing, spin outs and JVs

Our expert panel, comprised of IP and corporate law specialists, will be discussing IP commercialisation strategies, their benefits and pitfalls, drawing on experience across the private, public and higher education sectors.

Published Article

O/281/19 Revocation (Device Marks) – 23 May 2019

This decision is a good example of how the IPO approaches non-use challenges, and an insight into the economics of gift shops at public parks.

Training

Parallel Imports - what brand and IP owners need to know

Parallel importers seek to exploit price differentials for goods sold in different countries. The EU principle of exhaustion of rights prevents businesses from enforcing their IP rights to restrict this secondary trade within the EU if the goods were first marketed in the EU with their consent, other than in limited circumstances.

Legal Update

“Utterly horrified” masters and “blatantly inadmissible” evidence

The sole result for a search on Westlaw for the phrase “utterly horrified” is an interesting decision from Mr Justice Arnold on June 12 2019 about evidence in passing off proceedings.

Legal Update

The Information Commissioners Office flexes its muscles: first fines under the GDPR

After much speculation about what the first fines issued by the Information Commissioners Office might be we have seen two significant statements of intention to fine in the same month

Training

Your employees, their future employers and your intellectual property

Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators?

Press Release

Browne Jacobson's IP stars shine again with latest UK 2019 rankings

Browne Jacobson’s intellectual property practice has again been ranked in one of the world's leading guides to intellectual property (IP) firms and practitioners.

Opinion

Cyber risks – are businesses really ready?

The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.

Press Release

Browne Jacobson scores victory for Wolverhampton Wanderers over badge copyright claim

Browne Jacobson is delighted to have assisted Wolverhampton Wanders Football Club to successfully defend a copyright infringement claim made against it which relates to the club’s iconic wolf head design. The club has used this design as an element of its badge since 1979.

Training

State aid and IP in R&D agreements - hear from our panel of experts

As private businesses, public bodies and universities alike strive to gain a competitive advantage, each increasingly look to each other to develop next generation products and services.

Training

Hear from Mark Daniels and Helen Simm on privileged communications

In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify issues relating to the disclosing of documents relevant to litigation, which may have to be disclosed if they are not privileged.

Press Release

Browne Jacobson duo named Intellectual Property Rising Stars

Two of Browne Jacobson’s intellectual property associates Nick Smee and Giles Parsons have been named ‘Rising Stars’ by leading IP publication Managing Intellectual Property.