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Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'
To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.
Read moreGenerative AI and intellectual property rights—the UK government's position
The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.
Read moreThe Role of AI in Disputes
While lawyers have had various forms of AI available to them for years, it is generative AI and the development of large language models (LLMs) which is likely to represent a fundamental shift for dispute resolution. This technology now offers language capabilities that have never been seen before, and is likely to transform the way lawyers conduct proceedings.
Read moreBanking and Financial Markets Litigation Update - Summer 2024
This update is brought to you by RPC’s top tier banking and financial markets disputes practice in London, with specialists in all areas of financial markets litigation (and arbitration) and a wealth of expertise including frequent involvement in the most complex, high-value, and high-profile disputes in the sphere. Here, we take a look at some of the most important judgments in recent months.
Read moreCrypto damages quantification: valuation at the date of breach or date of judgment?
In Southgate v. Graham [2024] EWHC 1692 (Ch), the High Court addressed an appeal from the County Court concerning inter alia the appropriate date for assessing damages in a cryptocurrency loan dispute. Initially, the County Court determined that the damages should be based on the cryptocurrency's fiat value at the breach date. Due to the volatility of the cryptocurrency, this decision would have resulted in significantly lower fiat damages award than if the valuation were based on a later date. The High Court allowed the valuation date part of the appeal, directing a further hearing to establish the appropriate date.
Read moreSummary judgment against persons unknown – a tale of two crypto judgments
Two recent crypto judgements in the High Court, Mooij v Persons Unknown (February 2024) and Boonyaem v Persons Unknown (December 2023) reached different conclusions regarding whether a summary judgment could be granted against unidentified (and unidentifiable) fraudsters, with Mooji deciding 'yes' and Boonyaem deciding 'no'.
Read moreSupreme Court confirms no knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank
In Byers v Saudi National Bank, the Supreme Court affirmed the findings of the lower courts by holding that a claim for knowing receipt cannot be made if a claimant’s equitable interest in the property in question has been extinguished by the time of the defendant’s knowing receipt of the property.
Read moreMerchants Beat Venice: Court of Appeal finds that local authority of Venice did have capacity to enter into Interest Rate Swaps
In a significant judgment in Banca Intesa Sanpaolo and Dexia Credit Local SA v Comune di Venezia [2023] EWCA Civ 1482, the Court of Appeal overturned the findings of the High Court
Read moreBinance successfully challenges interim proprietary injunction over deposited cryptoassets
In Piroozzadeh v Persons Unknown and Others [2023] EWHC 1024 (Ch), the cryptocurrency exchange Binance successfully applied to discharge an interim proprietary injunction obtained by a claimant whose misappropriated cryptoassets had been deposited at the exchange. This is the first recorded case of an exchange successfully having discharged such an injunction.
Read moreHigh Court favours English jurisdiction in bribery claim brought by Kuwaiti pension fund
The High Court recently rejected an application, brought by two defendants to an alleged bribery claim advanced by a Kuwaiti pension fund, that the claim should be heard before the Swiss courts, holding that England was the proper jurisdiction both in order to avoid the risk of fragmentation of proceedings, and in view of the close connection of the claim to England.
Read moreConsidering bringing an RFI application? Is it strictly necessary?
Andrew Ayres KC and Andrew Dinsmore (Twenty Essex), instructed by Parham Kouchikali and Suzie Kurdi of this firm, successfully resisted a Request for Further Information (RFI) in the High Court.
Read moreCourt of Appeal rejects timing and informed consent defences in bond bribery case
In a recent decision, the Court of Appeal decided in Trafalgar Multi Asset Trading Company Limited (in liquidation) v James David Hadley and others that pleaded defences to a bribery claim were so fanciful as to entitle the claimant to summary judgment.
Read moreHigh Court rejects Group Litigation Order in FSMA litigation as it would not further the Overriding Objective
In a recent decision in Edward Moon & Ors v Link Fund Solutions, Mr Justice Trower dismissed an application by two groups of claimants, declining to make the Group Litigation Order (GLO) sought.
Read moreNo loss? No Quincecare claim … the Supreme Court judgment in Stanford International Bank v HSBC
The Supreme Court has handed down its judgment in Stanford International Bank Ltd v HSBC Bank plc, deciding that there was no pecuniary loss suffered by the Claimant and therefore no basis for a Quincecare claim.
Read moreNo need for perfection: ISDA Master Agreement default notice still valid where some errors made
The High Court has decided that a default notice under an ISDA Master Agreement is still valid even if it does not contain wholly accurate statements of the amount of the payment not made, the confirmation of the trade, or the currency of the payment.
Read moreBanking and financial litigation markets update - Summer 2022
In this overview we look at some of the most important judgments in recent months in the area of banking and financial markets litigation.
Read moreThe Times recognises RPC among Best Law Firms 2024
International law firm, RPC, has been recognised by The Times in its Best Law Firms 2024 report, an annual ranking of the top 250 law firms in England and Wales.
Read moreLook to the future: Trainees take on 2019
The trainees didn't fare too badly with their 2018 predictions. They doubted England's ability to make it past the group stages of the World Cup, but foresaw how Brexit would dominate the news agenda. They over-optimistically predicted the introduction of automated bundling, but came very close on the value of Bitcoin. Read on to see this year's predictions.
Read moreBrexit - a legal analysis: IP rights
IP rights in the UK are all influenced and moulded to a greater or lesser degree by European law.
Read moreWhistle-blowing on illegal cartels drops 70% in 5 years
Competition and Markets Authority (CMA) recently increased award to £250,000 Calls to the CMA hotline have plummeted from 1,442 in 2017 to 427 in 2022
Read moreNetflix files lawsuit over 'Unofficial Bridgerton Musical'
On 29 July, Netflix filed a lawsuit in the U.S. District Court in Washington D.C. against two TikTok stars, Abigail Barlow and Emily Bear, alleging that their Grammy-winning “The Unofficial Bridgerton Musical” project infringed the hit show's intellectual property rights.
Read moreStream on! CMA halts plans to investigate music streaming market
The UK's Competition & Markets Authority recently published its interim report on the music streaming market, prompting mixed responses from the music industry. Record labels, publishers and streaming providers appear generally pleased with the findings, but various artists, musicians, songwriters and managers say they believe it has underdelivered.
Read moreParliamentary Group urges UK government to help musicians and crew tour Europe more easily
The All-Parliamentary Group on Music (a cross-party group of more than 100 MPS and Peers) together with representatives from the music industry set out the urgent steps the Government needs to take to help UK musicians following Brexit.
Read moreCMA ends its investigation into online console gaming subscription practices
The UK Competition Markets Authority (CMA) has now closed its investigation into subscription practices in the online console gaming sector after key players Sony, Nintendo and Microsoft committed to making improvements to their contract terms with a view to better protecting customers.
Read moreEurovision contestant and Rudimental come out on pop in copyright dispute
Coming out on pop: Rudimental's single Waiting All Night, composed by Eurovision 2021 contestant James Newman, was not the product of copying a song written in 2001 by a contestant on the Voice UK.
Read more(Sex) Pistols at dawn over Danny Boyle's new biopic series
Sex Pistols band members accuse frontman John Lydon of being No Fun and creating Anarchy for refusing to authorise licences for the use of the band's music in Danny Boyle's forthcoming TV series, Pistol.
Read moreWho gets to deliver my news? - Ofcom starts its consultation on changes to media ownership restrictions
Ofcom is looking to update old rules governing media ownership in the UK to reflect consumers increased access to news online and the fragmented use of traditional media, and the implications of reform could be far reaching.
Read moreStreaming platforms to consolidate? "The stuff that dreams are made of"
Discovery and AT&T's WarnerMedia are merging to create a streaming behemoth named Warner Bros. Discovery, and Amazon is reportedly in talks to acquire Metro Goldwyn Mayer (MGM). Will this mark a trend in the consolidation of streaming platforms, and what are the implications?
Read moreCourt of Appeal upholds copyright infringement decision against digital radio aggregator
The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.
Read moreUK Courts find hidden voice in film authorship dispute
The Intellectual Property Enterprise Court (IPEC) has found that there was there was an additional joint author of the Florence Foster Jenkins screenplay – in a decision of significant relevance to the film industry.
Read moreReproduction of infringing content online: who's liable?
Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.
Read moreNederlands Uitgeversverbond v Tom Kabinet Internet – a CJEU guide on how to play it by the book
Tom Kabinet (the Defendant) is a Dutch company which sells used e-books online (the Books). The Books are purchased by the Defendant, either from individuals or official distributors, and are then re-sold for a lower price to customers who are registered on the Defendant's website as members of a "reading club".
Read moreAll that glitters is not "Gold"
How does the court calculate what a reasonable license fee is, and what conduct will be sufficient for the court to award additional damages under section 92(2) of the Copyright, Designs and Patents Act 1998?
Read morePart 4 – AI Regulation in Asia
This is Part 4 of 'Regulation of AI – raising the trillion dollar bAIby'
Read moreOfcom and ICO to collaborate on Online Safety and Data Protection
How are the data protection and broadcasting regulators collaborating to regulate online services from a safety and privacy perspective, and what does this mean for businesses and services regulated by both bodies?
Read moreNew development: DPDI Bill fails to become law
The Data Protection and Digital Information Bill (DPDIB), the proposal for post-Brexit data protection laws in the UK, did not pass through Parliament before its dissolution on 24 May 2024 ahead of the general election on 4 July 2024. This means that the DPDIB has failed to become law and any proposals for data reform in the UK will largely need to start afresh in the new Parliament.
Read moreICO forces Serco Leisure to stop using facial recognition technology for employees
In what circumstances can facial recognition technology (FRT) be acceptable to monitor employees in the workplace?
Read moreThe ICO’s strategic approach to regulating AI
How can the ICO’s recently published AI strategy paper help businesses navigate the evolving AI regulatory landscape, particularly in respect of data protection principles?
Read moreICO publishes guidance on content moderation
What steps should businesses operating content moderation systems in the UK be taking to comply with new guidance published by the UK’s Information Commissioner (ICO)?
Read more“Consent or pay” models under scrutiny in UK and EU
Are “consent or pay” business models compliant with data protection law?
Read moreAI-as-a-Service – Key Issues
Artificial Intelligence-as-a-Service (AIaaS), in the same vein as Software-as-a-Service and Infrastructure-as-a-Service, refers to cloud-based tools that allow businesses to gain access to an AI model hosted by a third party provider.
Read moreProcuring AI – Commercial Considerations Checklist
Many companies will no doubt be considering using AI within their business to take advantage of the massive opportunities for increased productivity and cost efficiencies promised.
Read moreGenerative AI – Addressing Copyright
When it comes to the interaction of AI and IP rights, bar a flurry of activity surrounding the inevitable outcome by all of the courts including the Supreme Court in the Thaler, Dabus case, most attention has been focussed on copyright. There are three main potentially thorny issues and all have been extensively covered by the mainstream media.
Read moreAI and Privacy – 10 Questions to Ask
We set out in this section 10 key questions to ask yourself at the outset when developing or deploying AI solutions in your business.
Read moreThe Ethics of AI - The Digital Dilemma
This is Part 6 of 'Regulation of AI – raising the trillion dollar bAIby'
Read morePart 6 – Practical Considerations
This is Part 6 of 'Regulation of AI – raising the trillion dollar bAIby'
Read morePart 5 – AI Regulation Globally
This is Part 5 of 'Regulation of AI – raising the trillion dollar bAIby'
Read morePart 3 - AI regulation in the US
Back in October 2022, the White House published federal guidance – a Blueprint for an AI Bill of Rights identifying five principles aiming to guide the design, use, and deployment of automated systems. It was designed to operate as a roadmap to protect the public from AI harms and was followed in October 2023 by the US President's Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence...
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