Intellectual property

News

Landmark ruling upheld as DWF loses data breach appeal for Morrisons

DWF has lost its appeal for Morrisons in the High Court today, as it was ruled that the supermarket is legally responsible for an enormous data breach affecting over 100,00 employees. Three senior judges, including the Master of the Rolls, upheld the original decision against the supermarket, issued in December 2017. In what was the UK’s first data protection class […]

chicago

Morgan Lewis poaches seven partner IP team from McDermott

Morgan Lewis & Bockius has nabbed a seven partner intellectual property litigation team from McDermott Will & Emery, who will be spread between three of its US offices. The IP hiring spree sees five of the new partners – Jeff Gargano, Krista Vink Venegas, Shon Lo, Hersh Mehta and Kevin Shortsle – take up residence in Morgan Lewis’s […]

Freshfields Bruckhaus Deringer

Freshfields wades into IP battleground with Arnold & Porter team hire

Freshfields Bruckhaus Deringer has joined the growing number of firms making hires in IP, making its first patent team hire since partner Justin Watts exited for WilmerHale last year. Arnold & Porter patent litigation partner Christopher Stothers is joining with a team of four lawyers made up of counsel Laura Whiting and associates Paul Abbott and Ammina […]

Hogan Lovells makes up first new global IP head in 15 years

Hogan Lovells has appointed IP partner Burkhart Goebel as its first new global head of intellectual property in 15 years, as the leadership baton moves across from Germany to Spain. Goebel, who is based in Madrid and Hamburg, will step down from his role as regional managing partner for Continental Europe to head the IP practice […]

Analysis

Sky HQ

Four things the Comcast deal tells us about City M&A

Over the weekend, nearly two years of tussling for UK media giant Sky came to an end when Comcast’s £30bn bid trumped 21st Century Fox.

But while magic circle firms maintain only they can act on big-ticket M&A, the variety of advisers on call was striking. Here’s what we learned.

Featured Briefings

Supreme Court hands down judgment in Warner-Lambert v Generics & Actavis case

By Gordon Harris, Paul Inman The Supreme Court has handed down its long-awaited judgment in the Warner-Lambert v Generics & Actavis case. In short, Warner-Lambert lost. The case concerned Warner-Lambert’s patent, which claimed in ‘Swiss form’ the use of a molecule called ‘pregabalin’ for the treatment of pain, in particular ‘neuropathic pain’. The majority in the Supreme […]

The Netherlands: collective redress in cartel damage cases

By Mijke Sinninghe Damsté The European Commission imposes heavy fines on companies that are found to have infringed competition rules. Companies that suffered losses as a consequence of this infringement, often try to seek damages in follow-on court proceedings. For reasons of efficiency (among other reasons), cartel damage claims are frequently filed collectively. In the Netherlands, […]

Technical IP disputes in China: appeal of first instance changes

On 26 October 2018, China approved changes to litigation procedures for patents and other intellectual property (IP) cases, which fundamentally changes how the appeal process will work for certain technical IP disputes. The decision implements a new regime that will permit the Supreme People’s Court to hear appeals from first instance civil cases in relation to […]

Protectionist pitfalls for the technology sector

By Charles Bond It is vital for law firms and in house counsel that they are at the forefront when advising on the specifics and legalities of the technology supply chain, which increasingly relies on mining raw materials for use within the manufacturing process of ‘smart’ products. However, an acute awareness of the barriers is also […]

Threat of digital protectionism in US and China

By Bernardine Adkins The standard weaponry of so-called trade wars are tariffs and quotas – observe the most recent tensions between the US and China where both have been spurring each other on in increasing tariffs on aluminium, steel, and aircraft parts. Our Protectionism 2.0 report considers something different in the trade landscape – the threat […]

Canada: Amendments in Bill C-86

By Michael O’Neill, Michael Crichton, Stéphane E. Caron Bill C-86, the Budget Implementation Act (the “Bill”), received its first reading in the House of Commons on October 29, 2018. Among other things, the Bill implements Canada’s Intellectual Property Strategy, proposing amendments to various pieces of existing intellectual property legislation, and enacts the College of Patent Agents and Trademark Agents […]

Canada: Amendments to Industrial Design Act and other regulations to be enforced in November

By M. Kent Ledwell Major amendments to Canada’s Industrial Design Act and corresponding Regulations are scheduled to come into force on November 5, bringing Canadian design law into line with the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement). The updated Act will enable Canadians – by way of the Hague Agreement – […]

Multigenerational design

By John Coldham Ground-breaking innovation means more than a clever idea; it means an idea that will make consumers happy. Good design is profitable – if you make things that work better and appeal to more people, they will pay for it. This is what multigenerational design is… The opportunity to make life easier or happier […]

Mongolia – Trademark Protection

By Bolormaa Volodya The exclusive rights of the trademark holder will be granted or entitled when the trademark is officially registered with the General authority of Intellectual property and trademark certificate is issued. “Trademark” means distinctive expression used by an individual or a legal entity, engaged in manufacturing of goods or the provision of services, in […]

Canada: Cannabis brand launch checklist

By Natalie S. Rizkalla-Kamel, Monique M. Couture With the legalization of recreational cannabis set for October 17, 2018, cannabis companies are flooding the Canadian trademarks register with an array of new trademark applications. In 2018 alone, over 1700 trademark applications were filed in the Canadian Intellectual Property Office (CIPO) in association with goods and services containing the […]

Impact of USMCA on patents and pharmaceutical industry

By Jennifer L. Wilkie, Jenny Thistle, Justin Smith In a joint statement on September 30, 2018, the United States and Canadian Governments announced that they reached an agreement, alongside Mexico, on a new, modernized trade agreement for the 21 century. The pending trilateral deal, called the United States-Mexico-Canada Agreement (USMCA), is intended to replace the North American Free […]

China distribution agreement – 10 things to consider

By Jamie Rowlands, John Chung In this edition of our series on doing business in China, we discuss some issues to consider before a foreign seller (the “Seller”) enters into a distribution agreement with a Chinese party acting as the Seller’s distributor (the “Distributor”), to market and sell the Seller’s products and/or services on the Chinese market. […]

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